Delaware
Delaware Personal Data Privacy Act (DPDPA)
- Effective date
- January 1, 2025
- Enacted
- September 11, 2023
- Enforcement
- Delaware Department of Justice
- Last reviewed
- October 3, 2026
Overview
At a Glance
Effective Date
January 1, 2025
Enforcement Authority
Delaware Department of Justice
Consumer Request Deadline
45 days; one additional 45-day extension when reasonably necessary.
Cure Period
Mandatory cure period expired; cure is discretionary in current enforcement.
60-day cure period expired December 31, 2025.
Universal Opt-Out / GPC
Yes
Private Right of Action
No
Sensitive Data Consent
Yes
Opt-in consent required
Appeals Process
Yes
Applicability
Who Does This Law Apply To?
Current 2026 coverage uses volume/revenue thresholds; a 2026 amendment changes the primary threshold effective January 1, 2027.
General Coverage Thresholds
- Consumer volume
- Controls or processes personal data of 35,000+ state consumers per year
- Data sales
- Or 10,000+ consumers and derives over 20% of gross revenue from selling personal data
- Annual revenue
- No standalone revenue threshold
- Business nexus
- Conducts business in the state or targets products/services to residents
Rights
Consumer Rights
Right to Opt Out of Sale
Opt out of sale of covered personal data as defined by the statute.
Right to Access
Confirm processing and access covered personal data, subject to statutory limits.
Right to Delete
Request deletion of covered personal data, subject to exceptions.
Right to Opt Out of Profiling
Opt out of qualifying profiling or solely automated decisions where provided.
Right to Correct
Request correction of inaccuracies in covered personal data.
Right to Data Portability
Obtain covered personal data in a portable format where the statute provides.
Right to Opt Out of Targeted Advertising
Opt out of covered targeted or cross-context behavioral advertising.
Obligations
Business Obligations
- AppealsRequiredInternal appeal process for denied rights requests.
- Data securityRequiredMaintain reasonable administrative, technical, and physical safeguards as required by the statute.
- Privacy noticeRequiredProvide required privacy disclosures/notices.
- Sensitive dataState-specificOpt-in consent is generally required before processing sensitive data, subject to statutory exceptions.
- Data minimizationRequired / state-specificLimit or govern collection/use consistent with the statute's duties and disclosed purposes.
- Universal opt outRequiredHonor qualifying opt-out preference signals/universal mechanisms.
- Processor contractsRequiredUse contracts governing processors/service providers as required.
- Consumer request processRequiredProvide methods for consumers to exercise statutory rights.
- Data protection assessmentRequiredConduct assessments for specified higher-risk processing.
Exemptions
Common Exemptions
Exemptions are state-specific and may apply at the entity level, data level, or both. Verify the official statute before relying on an exemption. Treatment commonly varies for government, regulated financial/health information, higher education, nonprofits, employment data, and B2B data. Delaware covers many nonprofits; verify current text and the 2027 HB 380 changes.
This list is not exhaustive.
Enforcement
Enforcement & Penalties
Authority: Delaware Department of Justice
Civil/administrative penalties may apply; willful violations can carry higher penalties.
Self-check
Could This Law Apply to My Business?
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Sources
Sources & Verification
- View source
Delaware Personal Data Privacy Act (statute)
State legislature
- View source
iapp.org
Secondary reference
- View source
ncsl.org
Secondary reference
- View source
privacylawnetwork.com
Secondary reference
- View source
ketch.com
Secondary reference
- View source
legis.delaware.gov
Secondary reference
Last reviewed: October 3, 2026· Verified against official sources
From understanding to action
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DataRightsOS helps businesses put privacy processes into operation.
Educational information only, not legal advice. Summaries may omit details; verify against the statute, regulations and official guidance.