The Delaware Personal Data Privacy Act (DPDPA) took effect on January 1, 2025. The law currently regulates people who conduct business in Delaware (or people producing products or services targeted to Delaware residents) that process personal data of at least 35,000 Delaware consumers, or process personal data of at least 10,000 Delaware consumers and derive at least 20 percent of their annual revenue by selling personal data. Beginning on January 1, 2027, those numbers will drop to 10,000 for the first category and 5,000 for the second category.
Similar to other comprehensive privacy laws across the country, personal data under the DPDPA includes any information that is “linked or reasonably linkable to an identified or identifiable individual,” but does not include deidentified data or publicly available information, and relies on the twin concepts of “controllers” and “processors.” It also requires a privacy notice.
The DPDPA does not currently apply to data collected by employers for hiring and employment purposes (although that will change somewhat starting on January 1, 2027), medical data...
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