U.S. states · Enacted
Delaware Personal Data Privacy Act (6 Del. C. ch. 12D; 84 Del. Laws c. 197), as amended by HB 380 (85 Del. Laws c. 463): profiling opt-out, profiling assessments and adverse-action duties
Verified Checked against its sources on 4 sources quoted
- Jurisdiction
- Delaware
- Bill or instrument
- HB 154 (152nd General Assembly) / 84 Del. Laws c. 197; amended by HB 380 (153rd General Assembly) / 85 Del. Laws c. 463
- Status
- Enacted; in force since January 1, 2025; amendments take effect January 1, 2027
- Enacted
- September 11, 2023
- Effective
- 2025-01-01 (HB 380 amendments: 2027-01-01)
- Applies to
- Controllers and processors doing business in Delaware or targeting Delaware residents above the thresholds; from 2027 also third parties that acquire personal data from a controller
- Sectors
- Cross-sector. Until 2027, GLBA-subject financial institutions are exempt at entity level; from 2027, banks, credit unions, insurers, broker-dealers and investment advisers are exempt at entity level and GLBA-covered data remains exempt
- Thresholds
- Until 2027: 35,000 consumers, or 10,000 consumers and more than 20% of gross revenue from data sales; assessments at 100,000 consumers. From January 1, 2027: 10,000 consumers, or 5,000 and more than 20% of revenue from sales; assessments at 50,000 consumers
- Penalties
- Unlawful practice under 6 Del. C. 2513, enforced under the Consumer Fraud Act's remedies
- Enforcement
- Department of Justice (Attorney General) only; no private right of action
Summary
Delaware's comprehensive consumer privacy law (HB 154 of 2023) took effect on January 1, 2025. It applies to persons doing business in Delaware or targeting its residents that control or process personal data of at least 35,000 consumers (excluding payment-only data), or of 10,000 consumers while deriving more than 20 percent of gross revenue from selling personal data. Consumers may opt out of profiling in furtherance of solely automated decisions with legal or similarly significant effects. Controllers that process data of 100,000 or more consumers must document data protection assessments for profiling that presents a reasonably foreseeable risk of unfair or deceptive treatment, unlawful disparate impact, or financial, physical or reputational injury. HB 380, signed on September 2, 2026, and effective January 1, 2027, lowers the thresholds to 10,000 and 5,000 consumers, extends the opt-out to profiling in furtherance of automated decisions (not only solely automated ones), adds a right to learn whether data is processed for such profiling, requires an impact assessment for that profiling by controllers processing data of 50,000 or more consumers, and requires controllers that disclose reports used in significant decisions to bind recipients to give adverse-action notices, a description of the data relied on and, where feasible, human review. It bars profiling that violates anti-discrimination law and makes evidence of anti-bias testing relevant to claims and defenses. It replaces the entity-level Gramm-Leach-Bliley exemption with exemptions for banks, insurers and securities firms, while keeping the GLBA data exemption. The Department of Justice enforces; there is no private right of action.
Key dates
- September 11, 2023Enacted
- October 16, 2026Checked against sources
- October 21, 2026Checked against sources
Developments are added when the record is reviewed. Next review: January 15, 2027.
Evidence
Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.
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If this Act is enacted before or on January 1, 2024, this Act takes effect on January 1, 2025.
Supports: Effective date
Approved September 11, 2023
Supports: Approval date
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This chapter shall be known and may be cited as the “Delaware Personal Data Privacy Act.”
Supports: Name
c. Profiling in furtherance of solely-automated decisions that produce legal or similarly significant effects concerning the consumer.
Supports: Profiling opt-out (current text)
Controlled or processed the personal data of not less than 35,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction.
Supports: Current threshold
The processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk of any of the following: a. Unfair or deceptive treatment of, or unlawful disparate impact on, consumers.
Supports: Assessment duty for risky profiling
Controlled or processed the personal data of not less than 10,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction.
Supports: Threshold from January 1, 2027
Conduct and document, on a regular basis, an impact assessment if a controller engages in profiling in furtherance of automated decisions that produce legal or similarly significant effects concerning a consumer.
Supports: Profiling impact assessment from 2027
Include a statement that the resident may request the third party, where technically feasible, perform a human review of the adverse action concerning the resident
Supports: Adverse-action human review from 2027
Not process personal data or engage in profiling in violation of the laws of this State and federal laws that prohibit unlawful discrimination.
Supports: Anti-discrimination duty from 2027
Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of said sections or any other law.
Supports: No private right of action
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Signed 9/2/26
Supports: HB 380 signed
This Act amends the Delaware Personal Data Privacy Act (DPDPA), Chapter 12D of Title 6, originally enacted in 2023
Supports: HB 380 amends the DPDPA
Effective Date: 1/1/27
Supports: HB 380 effective date
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House Bill 380 lowers the threshold for Delaware’s Personal Data Privacy Act, applying the law to businesses that control or process the personal data of at least 10,000 consumers
Supports: Signing reported; final threshold
Suggested citation. Eminence Scan, “Delaware Personal Data Privacy Act (6 Del. C. ch. 12D; 84 Del. Laws c. 197), as amended by HB 380 (85 Del. Laws c. 463): profiling opt-out, profiling assessments and adverse-action duties”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/state-154/.
Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.
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