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Delaware Personal Data Privacy Act (DPDPA): Complete Compliance Guide

What the Delaware Personal Data Privacy Act requires from January 1, 2027: lower thresholds, broader sensitive data rules, and new duties for third parties and profiling.

Effective Jan 1, 2027Applies from 10,000 consumersThird parties receiving data are coveredMost nonprofits are not exempt30-day reply on profiling reportsUp to $10K per wilful violation
Definition

What Is the Delaware Personal Data Privacy Act (DPDPA)?

The Delaware Personal Data Privacy Act (DPDPA) is Delaware’s consumer privacy law, in force since January 1, 2025 and amended by House Bill 380 from January 1, 2027. It applies to businesses that operate in Delaware or target Delaware residents and, in the preceding calendar year, processed personal data of at least 10,000 consumers, or at least 5,000 consumers while earning more than 20% of gross revenue from selling personal data. It also covers third parties that acquire personal data from a controller. Consumers can access, correct, delete and port their data, get a list of third parties that received it, and opt out of targeted advertising, sales and profiling. The Delaware Department of Justice enforces the law.

The sections below show the combined requirements of all the laws that apply in this jurisdiction.

Business Scope

Does the Delaware Personal Data Privacy Act Apply to Your Business?

The DPDPA applies to businesses that meet at least one of its thresholds. Use this tool to check whether it applies to yours.

Delaware Personal Data Privacy Act Scope Checker

Answer two questions to determine whether the DPDPA applies to your organization.

Note: the DPDPA applies based on Delaware residents' data, regardless of where your business is located.

Compliance Checklist

Delaware Personal Data Privacy Act Compliance Checklist

Review each category to assess your DPDPA readiness.

DPDPA Compliance Checklist

Check whether the DPDPA applies to youCount the Delaware consumers whose data you processed last year: 10,000 or more, or 5,000 or more if over 20% of gross revenue comes from selling personal data.
Check whether you receive data as a third partyThird parties that acquire personal data from a controller are covered, with no minimum number of consumers.
Review the entity and data exemptionsGovernment bodies, chartered banks and credit unions, insurers, regulated securities firms and certain data, such as HIPAA-protected health information, are excluded.
Clym automates many of these steps — consent management, UOOM detection, DSR handling, and privacy notices.

Download the DPDPA Compliance Checklist

Get a clean, printable PDF of all 35 action items — share it with your legal team, use it in a compliance audit, or brief your board on what still needs to be done.

What Is the Delaware Personal Data Privacy Act (DPDPA)?

The Delaware Personal Data Privacy Act (DPDPA) is Delaware’s comprehensive data privacy law, signed by Governor John Carney on September 11, 2023 and effective January 1, 2025. It applies to businesses that operate in Delaware or target Delaware residents and process the personal data of a minimum number of consumers. House Bill 380 lowers those thresholds from January 1, 2027 to 10,000 consumers, or 5,000 consumers when more than 20% of gross revenue comes from selling personal data.

Under the Delaware Data Privacy Act, consumers can access, correct, delete and port their personal data, get a list of the specific third parties that received it, and opt out of targeted advertising, data sales and profiling. The Delaware Department of Justice enforces the law; there is no private right of action.

One of the DPDPA’s most distinctive features is its reach. Unlike most state privacy laws, it applies to nonprofit organizations, and from 2027 it also covers third parties that acquire personal data from a controller. Since January 1, 2026, businesses must honor universal opt-out signals such as Global Privacy Control (GPC), and the 60-day cure period expired at the end of 2025.

Consumer Rights

Delaware Consumer Rights Under the DPDPA

The DPDPA grants eight individual privacy rights to Delaware residents. Businesses must respond to authenticated requests within 45 days. A 45-day extension is available with written notice to the consumer.

Find out about your data

Request access to the information we have collected about you

45-day response window
Update your data

Correct inaccurate or incomplete information we have collected about you

45-day response window
Delete your data

Delete personal information we have collected about you

45-day response window
Receive a copy

Request a copy of personal information we have collected about you

45-day response window
Stop processing

Let us know that you don't want us to process your personal information

45-day response window
Opt out of targeted advertisement

Opt-out of targeted advertisements so that you no longer receive personalized ads

45-day response window
Do not sell

Request that we stop selling your personal information

45-day response window
Limit the usage

Request that we limit how your personal information being used

45-day response window
Enforcement

Delaware Personal Data Privacy Act Penalties and Enforcement

Consumers cannot sue businesses directly under the DPDPA.

$ 10,000/ violationMaximum civil penalty

Per individual DPDPA violation.

45daysConsumer rights response window

Businesses must respond to verified consumer requests within 45 days. Failure is a violation that can trigger enforcement.

DiscretionaryCure period

The time a business has to fix a violation after being notified, before penalties apply.

Clym for DPDPA Compliance

How Clym Helps You Comply with the Delaware Personal Data Privacy Act

UOOM / GPCAutomatic UOOM Detection

Clym detects browser-based Global Privacy Control signals and automatically applies opt-out status — no extra configuration needed from your dev team.

Consent ManagementDPDPA-Compliant Cookie Banner

Configurable consent banner with clear choices for every cookie category, and a full consent audit log.

Consumer RightsAutomated DSR Management

Clym's Data Subject Request portal handles every DPDPA request type, with built-in 45-day deadline tracking and escalation alerts.

Privacy NoticeAuto-Generated Privacy Notice

Clym scans your site and generates your DPDPA-compliant privacy notice, updated automatically when new trackers or data categories are detected.

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