Delaware Personal Data Privacy Act

Delaware, the "First State" to ratify the US Constitution, is now making its mark in the data privacy arena with the Delaware Personal Data Privacy Act (DPDPA). Effective as of January 1, 2025, this comprehensive law grants Delaware residents new rights regarding their personal information and imposes obligations on businesses that handle their data.

Key Provisions of the DPDPA:

  • Consumer Rights:

    • Right to Access: Consumers can request access to their personal data.

    • Right to Correction: Consumers can request correction of inaccurate personal data.

    • Right to Deletion: Consumers can request deletion of their personal data.

    • Right to Opt-Out: Consumers can opt-out of the sale of their personal data or its use for targeted advertising and profiling.

    • Right to Data Portability: Consumers can request a copy of their personal data in a portable format.

  • Business Obligations:

    • Provide a Privacy Notice: Clearly inform consumers about your data practices.

    • Respond to Consumer Requests: Respond to consumer requests within 45 days.

    • Implement Reasonable Security: Protect personal data with appropriate security measures.

    • Conduct Data Protection Assessments: Assess risks for processing activities like targeted advertising, profiling, and the processing of sensitive data.

    • Obtain Consent: Obtain consent before processing sensitive data.

  • Sensitive Data:

    • The DPDPA provides heightened protection for sensitive data, including information about race, religion, health, sexual orientation, and precise geolocation. Businesses must obtain consent to process this type of data.

  • Universal Opt-Out:

    • Starting July 1, 2025, businesses must recognize a universal opt-out mechanism that allows consumers to opt-out of the sale or processing of their personal data for targeted advertising.

Who does the DPDPA apply to?

The DPDPA applies to businesses that conduct business in Delaware or provide products or services to Delaware residents and meet one of the following thresholds:

  • Control or process the personal data of at least 25,000 consumers.

  • Derive 50% or more of their gross revenue from selling personal data.

Why is the DPDPA important?

The DPDPA is a significant step in protecting consumer data privacy in Delaware. It's essential for businesses to understand and comply with the DPDPA to avoid legal and financial risks, build trust with customers, and foster a culture of responsible data handling.

How Aetos Can Help:

Aetos Data Consulting provides expert guidance and support to help businesses navigate the complexities of the DPDPA. Our services include:

  • DPDPA audits

  • Policy development and implementation

  • Training and awareness programs

  • Data subject request management

Contact us today to learn more about how we can help your business achieve and maintain DPDPA compliance.

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