Cybersecurity, Privacy & Artificial Intelligence
| State | Delaware |
|---|---|
| Law(s) | Delaware Personal Data Privacy Act | Enacted: | September 11, 2023 | Effective: | January 1, 2024 | Website: | Delaware Personal Data Privacy Act |
Applicability Threshold
Does business in Delaware
And at least one of:
- Controls or processes personal data of at least 35,000 consumers
- Control or process the personal data of at least 10,000 consumers, AND derives more than 20% of revenue from the sale of personal data
Consumer Rights
Consumer has the right to access, correct, and delete personal data
Opt-out:
- Targeted advertising/cross-contextual behavioral advertising
- Sale of personal data
- Profiling
Portability (consumer-provided data only)
Notable Nuisances
Only some nonprofit data is exempt. The law does not apply to certain data held by nonprofits that provide services to victims or witnesses of child abuse, domestic abuse, human trafficking, sexual assault, violent felony, or stalking.
Additionally Recognized Sensitive Information:
- Transgender or Nonbinary
- Genetic or Biometric Data