Introduction
Starting September 1, 2025, Texas’ new law, SB 2610, goes into effect — creating a “safe harbor” from punitive (exemplary) damages for small and mid-sized businesses (SMBs) that maintain compliant cybersecurity programs.
For SMBs operating in Texas, this law is a game-changer. At Framework Security, our mission is to help you understand what it takes to qualify — and how to build a defensible cybersecurity program that protects both your business and your reputation.
Understanding SB 2610
SB 2610 adds Chapter 542 to the Texas Business & Commerce Code.
In short:
If a qualified Texas business experiences a data breach, it can avoid punitive damages in a lawsuit — but only if it had, at the time of the incident, a cybersecurity program that meets the law’s defined standards.
What SB 2610 Doesn’t Do
- It does not grant immunity from compensatory damages, class actions, or regulatory enforcement.
- It does not create a new cause of action; it only affects damage exposure in existing suits.
So, think of it as a legal shield — not a force field.
Who Qualifies for Safe Harbor
To benefit from SB 2610’s safe harbor protections, a business must:
- Be based in Texas or under Texas jurisdiction
- Employ fewer than 250 people
- Own or license sensitive personal or identifying information
- Maintain a cybersecurity program that meets the statutory criteria at the time of the breach
What a “Qualified” Cybersecurity Program Looks Like
Under the statute, your cybersecurity program must include administrative, technical, and physical safeguards designed to:
- Protect sensitive or personal data
- Prevent threats or hazards to data integrity
- Mitigate risks of unauthorized access or acquisition that could cause identity theft or fraud
Framework Alignment
Your program must be based on a recognized cybersecurity framework, such as:
- NIST Cybersecurity Framework (CSF)
- CIS Controls
- ISO/IEC 27001
- Or a combination of frameworks
Scaling by Business Size
The law scales its cybersecurity expectations based on your organization’s size:
Employee Count / Minimum Requirement
Fewer than 20- Simplified controls (e.g., password policies, basic security awareness training)
20–99- Implementation of at least CIS Controls Implementation Group 1
100–249- Adoption of a recognized cybersecurity framework (e.g., NIST CSF, ISO/IEC 27001)
Why This Matters for Your Business
1. Risk Reduction
A compliant program dramatically reduces your exposure to punitive damages following a breach.
2. Legal Defensibility
Having a documented, framework-based program gives your legal team the evidence needed to demonstrate due diligence.
3. Market & Reputational Advantage
Adhering to recognized cybersecurity standards signals maturity and trustworthiness — strengthening relationships with customers, partners, and investors.
4. Regulatory Alignment
If your business already complies with standards like HIPAA, GLBA, or PCI DSS, those frameworks can often map directly to SB 2610 requirements.
Common Pitfalls to Avoid
Even well-intentioned SMBs can miss the mark. Watch out for:
- Reactive adoption: Safe harbor only applies if controls were in place before the breach.
- Weak documentation: You must be able to prove your program was implemented, maintained, and updated.
- Framework “checkboxing”: Claiming compliance isn’t enough — you must demonstrate real, ongoing implementation.
- Outdated frameworks: Falling behind on version updates can invalidate your compliance.
- Ignoring data sensitivity: Headcount alone doesn’t define risk — data sensitivity does.
Your SB 2610 Compliance Roadmap
Here’s a practical, actionable roadmap to build and maintain a compliant cybersecurity program:
- Inventory & Classify Data – Identify where personal and sensitive data is stored.
- Conduct a Risk Assessment – Evaluate threats, vulnerabilities, and business impact.
- Select Your Framework – Choose one aligned with your size and industry.
- Perform a Gap Analysis – Compare your current state against framework requirements.
- Implement Controls – Apply administrative, technical, and physical safeguards.
- Document Everything – Policies, training, logs, risk assessments, audits.
- Test & Audit Regularly – Validate through pen-testing, vulnerability scans, and audits.
- Update with Framework Changes – Stay aligned as standards evolve.
- Develop an Incident Response Plan – Prepare for breach scenarios in advance.
- Engage Legal & Leadership Review – Ensure board-level awareness and legal defensibility.
The Bottom Line
Texas SB 2610 rewards proactive cybersecurity — not perfection. For SMBs, it’s an opportunity to transform security from a cost center into a competitive advantage.
At Framework Security, we help Texas businesses build defensible, compliant, and framework-aligned cybersecurity programs that protect your data — and your bottom line.
Ready to Get Compliant?
Framework Security can help you:
- Assess your current program against SB 2610 requirements
- Map controls to NIST, CIS, or ISO frameworks
- Build documentation and defensibility
- Train your team and prepare for audits
Contact us today to start your SB 2610 readiness assessment.



















