Delaware Personal Data Privacy Act (DPDPA) (Delaware)
Delaware has enacted the Delaware Personal Data Privacy Act (DPDPA) (Delaware). The law is currently in effect. It applies to controls or processes personal data of >=35,000 consumers per year or >=10,000 consumers and derives >20% of gross revenue from sale of personal data. Consumers have the right to delete their data, correct inaccurate data, opt out of data sales. Violations can result in penalties of up to $10,000 per violation.
Important Notes
60-day cure period through Dec 31, 2025. Penalty up to $10,000 per violation. Lower consumer thresholds than most states.
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What is the Delaware and who does it apply to?
The Delaware Personal Data Privacy Act (DPDPA) (Delaware) is Delaware's comprehensive consumer privacy law, effective 2025-01-01. Controls or processes personal data of >=35,000 consumers per year OR >=10,000 consumers AND derives >20% of gross revenue from sale of personal data
What rights do Delaware consumers have under Delaware?
Under the Delaware, Delaware consumers have the right to: access their personal data, request deletion of their data, correct inaccurate data, obtain a portable copy of their data, opt out of the sale of their personal data, opt out of targeted advertising, opt out of profiling for significant decisions, appeal a denial of their privacy rights request.
Does Delaware require consent for sensitive data?
Yes. The Delaware requires businesses to obtain affirmative consent before processing sensitive personal data. This includes data such as health information, biometric data, precise geolocation, and other sensitive categories.
What are the penalties for violating Delaware?
Violations of the Delaware can result in civil penalties of up to $10,000 per violation and up to $10,000 per willful violation. There is no private right of action — enforcement is exclusively by the state Attorney General.
Does Delaware require a data protection assessment?
Yes. The Delaware requires businesses to conduct data protection assessments for high-risk processing activities such as targeted advertising, sale of personal data, sensitive data processing, and certain profiling activities.
Is there a universal opt-out requirement under Delaware?
The Delaware does not currently require recognition of universal opt-out mechanisms. Businesses are not required to honor browser-based opt-out signals.
How long does a business have to respond to a consumer request under Delaware?
Businesses must respond to consumer privacy requests within 45 days under the Delaware. An extension of up to 45 additional days is available with notice to the consumer. If a request is denied, businesses must provide an appeals process with a response within 60 days.
Official Source
Delaware Department of Justice
More Delaware Resources
Data Methodology
DataTactic researchers verify privacy law data directly against official government sources — Delaware Department of Justice publications, state statutes, and agency websites. Each data point is cross-referenced against primary sources before publication. Records are reviewed and updated when laws or requirements change.
Last verified: 2026-06-01 · DataTactic provides reference information only. This is not legal advice. Consult a qualified attorney for compliance guidance.