News
Jul 25, 2025

New Texas Law For SMBs - Texas Cybersecurity Safe Harbor (SB 2610)

A new Texas law, Senate Bill 2610, known as the Texas Cybersecurity Safe Harbor Law, is changing the game for how businesses approach cybersecurity, and it offers a powerful incentive for getting it right.

New Texas Law For SMBs - Texas Cybersecurity Safe Harbor (SB 2610)

Is Your Texas Business Protected? How Texas Senate Bill 2610, Known As The Texas Cybersecurity Safe Harbor Law, Can Help Protect Your Business

In today's digital world, a data breach isn't a matter of if, but when. For Texas businesses, the landscape of cybersecurity liability has just been reshaped. On September 1, 2025, a pivotal piece of legislation, the Texas Cybersecurity Program, will go into effect. This new law creates a powerful incentive for businesses to adopt strong cybersecurity practices. But what is it, and why should small and medium-sized businesses (SMBs) be paying particularly close attention? 

This post will break down what you need to know and how partnering with Buonasera Group can be your most strategic move to protect your business under this new law. 

What is Texas Senate Bill 2610? The "Safe Harbor" Explained 

At its core, Texas Senate Bill 2610 creates a legal "safe harbor" for businesses that experience a data breach. In simple terms, it prohibits exemplary damages from being awarded in court if the company had a statutorily compliant (designed and managed) cybersecurity program. Exemplary damages are typically meant to be “punitive” in nature and typically multiply actual damages THREE TIMES, likely destroying a small or medium sized business.

However, if your business is sued for a data breach, you can employ protection from liability if you can prove that you had implemented and maintained the statutorily compliant cybersecurity measures in place before the breach occurred. The law doesn't force you to adopt a specific program, but it gives you a powerful legal shield if your cybersecurity measures are fully compliant with the safe harbor provisions in Texas Senate Bill 2610. 

To qualify for this safe harbor, your business must create, maintain, and comply with a written Cybersecurity Program that fully satisfies the required measures in the statute - including defined administrative, technical, and physical safeguards. The scale of your Cybersecurity Program should be appropriate for the size and complexity of your business, the nature of your business activities, and the sensitivity of the data you handle. 

  • Businesses with fewer than 20 employees have simplified requirements, such as password policies and ongoing cybersecurity training. 
  • Businesses with between 20 and 99 employees have moderate requirements, including Center for Internet Security Controls (CIS) Implementation Group 1 (IG1).
  • Businesses with between 100 and 249 employees must implement a recognized cybersecurity framework, such as a NIST Cybersecurity Framework or the Health Information Trust Alliance’s Common Security Framework. 
  • Businesses that are covered entities under the Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act, ISO/IEC 27001, or PCI DSS, may be covered if they are in full compliance with those standards.

Why SMBs (Under 250 Employees) Must Act Now 

Cybercriminals love easy targets. Unfortunately, they often view SMBs as exactly that. Small and medium-sized businesses are a goldmine of valuable data but frequently lack the in-house IT staff, budget, and expertise to implement robust defenses. This makes them prime targets. 

Here’s why the Texas Cybersecurity Safe Harbor law is a critical consideration for your business: 

  • You Are a Target: The "we're too small to be a target" mindset is a dangerous myth. SMBs are attacked relentlessly because cyber criminals know they have weaker security. 
  • The Devastating Cost of a Breach: The financial fallout from a data breach can be crippling. Costs can include regulatory fines, legal fees, customer notification, credit monitoring services, and severe reputational damage. Many small and medium businesses never recover and are forced to close their doors, particularly if exemplary damages are imposed. 
  • Limited Resources: You likely don't have a full-time Chief Information Security Officer (CISO) on staff. Designing, implementing, and documenting a Cybersecurity Program that aligns with a framework like NIST is a complex job requiring specialized expertise and experience. 
  • Proactive Liability Limitation: The Texas Cybersecurity Program provides a significant reduction in potential liability. By proactively adopting a recognized cybersecurity framework, you not only drastically improve your security posture but also gain a powerful legal defense that could save your business from financial ruin in the event of a breach. 

How Buonasera Group is Your Key to Protecting Your Business and its Data

This is where we come in. We are experts in cybersecurity at all levels and have over a decade of experience in implementing recognized government cybersecurity frameworks in commercial environments.

Achieving compliance with recognized industry frameworks and qualifying for the Texas Cybersecurity Program Safe Harbor protections is highly specialized and should be implemented by a uniquely qualified and experienced team like Buonasera Group.

Buonasera Group makes compliance with the Texas Cybersecurity Safe Harbor law achievable and affordable. We act as your partner, providing the expertise and tools necessary to build and maintain a robust Cybersecurity Program. Here’s how we help you align with the Texas Cybersecurity Safe Harbor law: 

  • Cybersecurity Risk Assessment: We start by analyzing your current environment to identify vulnerabilities and gaps, measuring your posture against the standards of your chosen framework (like NIST). 
  • Implementing Critical Security Controls: We deploy and manage the essential safeguards needed for a strong defense, including Next-Generation Firewalls, Endpoint Detection and Response (EDR), Managed Detection and Response (MDR), Multi-Factor Authentication (MFA), and email security. 
  • 24/7/365 Monitoring and Threat Hunting: Our Security Operations Center (SOC) constantly monitors your network for suspicious activity, allowing us to detect and neutralize threats before they cause damage. 
  • Data Backup & Disaster Recovery: We ensure your critical data is backed up, encrypted, and can be restored quickly, minimizing downtime and data loss in any scenario. 
  • Policy & Documentation: We help you create and maintain the written cybersecurity policies and documentation required to prove your compliance and qualify for the safe harbor defense. 
  • Employee Security Training: We provide ongoing training to your staff, turning your biggest potential vulnerability — human error — into your first line of defense. 

Don't Wait for a Breach to Take Action 

The Texas Cybersecurity Program isn't a burden, it’s an opportunity. It's a clear roadmap for protecting proactive businesses that take cybersecurity seriously from a potentially crippling punitive damage award. 

Protecting your business is paramount. Navigating our new age of digital threats is a daunting task that you do not have to take alone. Partnering with Buonasera Group gives you the peace of mind that comes from knowing your cybersecurity is in expert hands, allowing you to focus on what you do best — running your business. 

Ready to see how your business measures up and take the first step towards protecting your company’s data while meeting the safe harbor requirements of the Texas Cybersecurity Program?

Contact Buonasera Group today for a complimentary cybersecurity consultation.