Delaware Personal Data Privacy Act
Data last verified: March 23, 2026
- Effective Date
- January 1, 2025
- Enforcement Date
- Not specified in statute
Summary
Delaware Personal Data Privacy Act provides consumers the right to opt out of profiling for significant decisions and requires data protection assessments, with a lower consumer threshold than most states.
Who It Applies To
35K consumers OR 10K consumers + 20% revenue from data sales
- Min Consumers:
- 35,000
Any threshold triggers applicability
Penalties
- Penalty Range
- $0 – $10,000per violation
- Cure Period
- 60-day cure period
- Private Right of Action
- No private right of action
- Enforcement Body
- Delaware Department of Justice
Requirements (4)
- Opt-Out§ 12D-104(a)(6)(c)
This law provides consumers the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.
- Impact Assessment§ 12D-108(a)
This law requires controllers to conduct data protection assessments for processing activities involving profiling, targeted advertising, sale of personal data, or sensitive data.
- Consent§ 12D-106(a)(4)
This law requires controllers to obtain consumer consent before processing sensitive data.
- Opt-Out§ 12D-104(a)(6)(a)
This law provides consumers the right to opt out of the processing of personal data for targeted advertising.
Claire tracks 31 state and local AI laws across 23 US states. No prescriptive federal AI compliance statutes have been enacted. EU AI Act and sector-specific regulations are not covered.
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