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Delaware, United States
LawCurrent· Delaware Department of Justice

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.