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6 Del. C. Chapter 12D
Delaware Personal Data Privacy Act
Prepared by Shubhank Suman · Last reviewed
CURRENT / IN FORCE
- Legal character
- Statute
- Region
- North America
What it covers
The Act applies to persons doing business in Delaware that control or process personal data of at least 35,000 consumers, or of 10,000 consumers while deriving over 20 percent of gross revenue from selling personal data. Consumers may confirm, access, correct, delete and port data, obtain a list of third parties, and opt out of targeted advertising, sale and profiling with significant effects. Controllers need consent for sensitive data, must recognise universal opt-out signals, publish a privacy notice and carry out data protection assessments. The Department of Justice enforces.
Why it matters
It has some of the lowest applicability thresholds among US State privacy laws and broad sensitive data rules.
Refer to it when
Use it when processing personal data of Delaware consumers.
AI, privacy and cybersecurity relevance
- AI: Moderate
- Privacy: Very High
- Cyber: Moderate
AI
MODERATE RELEVANCE
Opt-out of profiling with significant effects.
Privacy
VERY HIGH RELEVANCE
Comprehensive State consumer privacy law.
Cybersecurity
MODERATE RELEVANCE
Reasonable data security practices.
Applicability
Controllers and processors meeting the Delaware thresholds.
Current validity
CURRENT. In force from 1 January 2025. Read the official PDF on this page for the operative text.
Read first
§ 12D-102 → 12D-103 → 12D-104 → 12D-106 → 12D-111.
Provisions / sections covered
§ 12D-102 – Definitions
Consumer, controller, sensitive data and sale.
§ 12D-103 – Applicability
Thresholds and exemptions.
§ 12D-104 – Consumer rights
Rights and requests.
§ 12D-106 – Controller duties
Consent for sensitive data, notice and opt-out signals.
§ 12D-108 – Data protection assessments
Assessments for high-risk processing.
§ 12D-111 – Enforcement
Department of Justice enforcement and cure period.
Subject-matter tags
- Consent
- Sensitive data
- Data subject rights
- Profiling
- Controller and processor
- Enforcement and penalties
Subject-matter tags describe what the indexed text discusses. They are not legal conclusions.
Document page in the Knowledge Base - full text or PDF where it is available for this record.
This library locates primary and official sources. It does not interpret the law and it is not legal advice.