Delaware's Personal Data Privacy Act (DPDPA), signed by Governor John Carney on September 11, 2023, took effect January 1, 2025. Delaware's law is notable for having one of the lowest consumer data thresholds in the country — just 35,000 consumers (or 10,000 if selling data), compared to 100,000 in most other states. This means a much higher proportion of businesses operating in Delaware are subject to the law. The DPDPA follows the Virginia CDPA model closely in its consumer rights framework but adds important provisions: it requires businesses to honor universal opt-out signals, extends sensitive data protections to victims of crime, and has particularly strong provisions around children's data.
Residents of Delaware have the following legally enforceable privacy rights under DPDPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The DPDPA applies to persons conducting business in Delaware or targeting Delaware residents AND that during the preceding calendar year controlled or processed personal data of at least 35,000 consumers (excluding data processed solely for payment transactions) OR controlled or processed personal data of at least 10,000 consumers and derived more than 20% of gross revenue from the sale of personal data. The 35,000 threshold is significantly lower than most comparable state laws.
Under DPDPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under DPDPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Delaware Attorney General has exclusive enforcement authority. The AG must provide a 60-day written cure notice before initiating an action. Civil penalties may be sought up to $10,000 per violation, with each day of violation constituting a separate offense. There is no private right of action under the DPDPA.
To exercise your rights under DPDPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Delaware resident invoking rights under DPDPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Delaware Attorney General's office.
| Term | Definition Under DPDPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |