Proposed Federal Legislation — 119th Congress
SECURE DATA ACT
Federal privacy law readiness for businesses nationwide.
The Era of Preemption.
A single federal standard which, if passed by Congress, would replace 21 state privacy laws. Your business needs to prepare now.
What is the SECURE Data Act?
One Federal Standard.
Fifty States.
The Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act (HR 8413), introduced April 22, 2026, represents the first major comprehensive federal privacy bill of the 119th Congress. If enacted, it would establish a single national standard for consumer data privacy — preempting the patchwork of state laws that currently govern how businesses collect, process, and share personal information.
For businesses operating across state lines, this legislation represents both an enormous opportunity for compliance simplification and a significant obligation to prepare for an entirely new regulatory framework. The window for preparation is now.
Key Provisions
What the Act Requires
Federal Preemption
The Act would nullify any state law that "relates to" its provisions — the broadest possible preemption standard. All 21 existing state privacy laws, including CCPA/CPRA, could be superseded overnight.
Consumer Data Rights
Grants rights to access, correct, delete, and port personal data. Consumers may opt out of data sales, targeted advertising, and consequential profiling decisions.
Coverage Thresholds
Applies to companies processing data of 200,000+ U.S. consumers or those with 100,000+ consumers deriving 25%+ revenue from data sales. Small business exemption at $25M revenue.
Sensitive Data Protections
Requires opt-in consent for sensitive data, including data about minors under 16. Covers biometric, genetic, precise geolocation, financial, health, and racial/ethnic origin data.
Enforcement Framework
No private right of action. Enforcement through the FTC and state attorneys general. Companies following approved codes of conduct receive a rebuttable presumption of compliance.
Cross-Border Data Flows
Codifies the role of the Secretary of Commerce in facilitating international data transfers while maintaining privacy protections, recognizing existing CBPR frameworks.
The Preemption Landscape
21 State Laws.
One Federal Standard.
The SECURE Data Act's “relates to” preemption clause is the broadest formulation available in federal law. If passed, every state comprehensive privacy statute would be superseded — including those that currently provide stronger protections than the proposed federal floor.
Hover to preview preemption effect
The Implication
Businesses that have invested in state-by-state compliance will need to restructure their entire privacy program. Those that haven't yet built one will face a hard federal deadline.
Federal Readiness Audit
Are You
Prepared?
Four questions to assess your organization's readiness for the proposed SECURE Data Act. This diagnostic is not legal advice — it is a starting point for the conversation you need to have.
Data processing scope and consumer volume
Sensitive data category exposure
Existing privacy program maturity
Organizational readiness posture
“Every company handles some form of personal data, therefore, every company is at some risk of violating the myriad of local, state and international data privacy laws. Without compliant data practices, data privacy violations are not a matter of ‘if’ — but ‘when’.”
— Chris W. Hogue, Principal Attorney, ReveredLegal
Readiness Assessment
Begin Your Audit
Answer four short questions to receive a preliminary assessment of your organization's exposure under the proposed SECURE Data Act.
Free Resource
SECURE Data Act
Compliance Checklist
A comprehensive 30-item checklist covering all five phases of SECURE Data Act compliance preparation. Download and use this as a starting point for your organization's readiness assessment.
- Identify all categories of personal data collected by your organization
- Map data flows — where data is collected, stored, processed, and shared
- Identify all third-party processors and data sharing relationships
- Determine whether your organization meets SECURE Data Act coverage thresholds
- Identify all sensitive data categories currently collected or processed
- Document the purpose for each category of data collected
Sources: This checklist is based on the text of HR 8413 (SECURE Data Act), FTC enforcement guidance, and IAPP compliance frameworks. It is provided for informational purposes only and does not constitute legal advice.
Why Act Now
Compliance Doesn't Begin on Enactment Day
Data Mapping Takes Time
Understanding what personal data your organization collects, processes, and shares requires a thorough internal audit. This cannot be done overnight — it requires structured discovery and documentation.
Infrastructure Must Be Built
Consumer rights fulfillment — access, deletion, correction, portability — requires technical and operational infrastructure. Building it after enactment means you are already non-compliant.
Vendor Contracts Need Review
Every data processing agreement with third-party vendors must be reviewed and potentially renegotiated to align with the new federal standard. This is a significant undertaking for any organization.
Client Perspectives
What Clients Say
ReveredLegal gave us a clear, actionable roadmap for SECURE Data Act readiness. Chris translated complex federal legislation into concrete steps our team could actually execute.
As a multi-state retailer, we were drowning in conflicting state privacy obligations. ReveredLegal helped us understand exactly how federal preemption would affect our compliance program.
The gap analysis ReveredLegal conducted identified exposures we had no idea existed. Their knowledge of the SECURE Data Act's sensitive data provisions was exceptional.
Frequently Asked Questions
Common Questions About
The SECURE Data Act
Answers to the questions business owners and legal professionals are searching for most.
Impact & Results
"ReveredLegal reduced compliance assessment time by 60% through structured data mapping frameworks"
"21 state privacy laws would be replaced by a single federal standard under the SECURE Data Act"
"Early preparation costs 75% less than reactive compliance after federal enactment"
Principal Consultation
ReveredLegal
Stands Ready.
The SECURE Data Act is not yet law — but the compliance burden it will impose does not begin on the date of enactment. It begins the moment your organization starts building the infrastructure to meet it. ReveredLegal provides the strategic counsel to make that process efficient, defensible, and forward-looking.
OUR SERVICES
- Comprehensive gap analysis against proposed federal standards
- Data mapping and processing activity inventory
- Consumer rights fulfillment infrastructure design
- Sensitive data handling protocol development
- Transition roadmap from state to federal compliance
- Vendor and third-party data processing agreement review
Get In Touch
Ready to Begin?
Reach out directly to schedule a confidential consultation with our privacy counsel team.
Text
(316) 900-DATA
3282
Consultations are confidential. No obligation.