DPDPA

Delaware Personal Data Privacy Act

Key Facts

Effective Date
January 1, 2025
Enacted
September 11, 2023
Enforcing Authority
Delaware Attorney General (Department of Justice)
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Entities in DE or targeting DE residents: 35,000+ consumers OR 10,000+ consumers and 20%+ revenue from selling PI

Overview

Delaware's DPDPA features the broadest children's age protection among US state privacy laws, requiring opt-in consent for sale and targeted advertising of data from anyone under 18. It also has lower applicability thresholds (35,000/10,000) than most states and must honor universal opt-out mechanisms.

What This Means for Your Website

  • GPC/universal opt-out signals must be honored
  • Under 18: opt-in consent required for sale and targeted advertising (broadest age threshold)
  • Opt-in consent required for sensitive data
  • The cure period (60 days) sunsets December 31, 2025
  • The AG can seek restitution and disgorgement in addition to penalties

Key Requirements

The Delaware AG enforces the DPDPA with penalties up to $10,000 per violation, plus injunctive relief, restitution, and disgorgement. Consumer requests must be fulfilled within 45 days. Lower thresholds mean more businesses are captured than in most states.

How ConsentStack Handles This

ConsentStack detects Delaware visitors, honors GPC signals, and applies enhanced protections for under-18 visitors by blocking data sale and targeted advertising.

Penalties

Up to $10,000 per violation; plus injunctive relief, restitution, and disgorgement.

Maximum Fine
$10,000 per violation

Key Requirements

  • Honor GPC/universal opt-out signals
  • Opt-in consent for sensitive data
  • Parental consent for children's data
  • Consumer rights: access, correct, delete, portability, opt-out
  • Data protection assessments for high-risk processing

Notable Provisions

  • Broadest children protection: under 18 opt-in for sale/advertising
  • Lower thresholds (35,000/10,000)
  • Cure period sunsets December 2025
  • AG can seek restitution and disgorgement

Data Subject Rights

Access your data45 days

Confirm whether a controller is processing your personal data and access that data, unless doing so would reveal a trade secret; responses are free once in any 12-month period.

Correct your data45 days

Correct inaccuracies in your personal data, taking into account the nature of the data and the purposes of the processing.

Delete your data45 days

Have a controller delete personal data you provided or that it obtained about you.

Port your data45 days

Obtain a copy of your personal data processed by automated means in a portable and, where technically feasible, readily usable format you can transmit to another controller, without revealing trade secrets.

Get the categories of third parties45 days

Obtain a list of the categories of third parties to which the controller has disclosed your personal data; from January 1, 2027 the amended law requires a list of the specific third parties, with limited exceptions.

Opt out of targeted advertising45 days

Opt out of the processing of your personal data for targeted advertising, including through an opt-out preference signal that controllers must honor from January 1, 2026; for consumers known to be 13 to 17, targeted advertising requires consent.

Opt out of sale45 days

Opt out of the sale of your personal data, including through an opt-out preference signal that controllers must honor from January 1, 2026; for consumers known to be 13 to 17, a sale requires consent.

Opt out of profiling45 days

Opt out of profiling in furtherance of solely automated decisions that produce legal or similarly significant effects, such as decisions on financial or lending services, housing, insurance, education, criminal justice, employment, health care or access to essential goods or services.

Use an authorized agent to opt out45 days

Designate an authorized agent, including through a browser setting, browser extension or global device setting, to opt out of targeted advertising, sale or profiling on your behalf; this agent right covers opt-outs only.

Appeal a refusal60 days

Appeal a controller's refusal to act on your request, within a reasonable period after receiving the decision, through a process that is conspicuously available and similar to the request process.

Complain to the Attorney General

If your appeal is denied, the controller must give you an online mechanism, if available, or another method to submit a complaint to the Delaware Department of Justice.

Revoke your consent15 days

Revoke consent you gave, for example to the processing of sensitive data, through a mechanism at least as easy as the one used to give it, after which the controller must stop the processing.

Non-discrimination

A controller may not discriminate against you for exercising your rights, including by denying goods or services, charging different prices or giving a different level of quality, except for bona fide loyalty, rewards, premium features, discount or club card programs.

US State Specifics

Cure Period
60 days
Private Right of Action
No
Global Opt-out Required
Yes
Sensitive Data Opt-in
Yes
Children Provisions
Under 18: opt-in required for sale and targeted advertising, the broadest age threshold among US states.

Other North America Regulations

CCPACalifornia, United States
The CCPA was the first comprehensive consumer privacy law in the United States, giving California residents the right to know what personal information businesses collect and to opt out of its sale. It established the opt-out consent model that most subsequent US state privacy laws adopted.
CPRACalifornia, United States
The CPRA is the most comprehensive US state privacy law with a dedicated enforcement agency (CPPA). Cross-context behavioral advertising via cookies constitutes sharing personal information, triggering opt-out obligations. GPC signals must be honored as valid opt-out requests.
PIPEDACanada
Canada's federal private-sector privacy law based on 10 fair information principles. Requires express consent for sensitive data and implied consent for less sensitive data. OPC guidance addresses cookies and online behavioral advertising. The CPPA replacement bill died January 2025; a new bill is expected.
CIPACalifornia, United States
CIPA is a 1967 California chapter covering wiretapping, eavesdropping, and other privacy invasions, not a website-specific law. Since 2022, courts have applied two of its sections to website chat, analytics, and ad tools, and any visitor can sue directly for at least $5,000 per violation, no revenue threshold.
MODPAMaryland, United States
The most restrictive US state privacy law. Sensitive data may only be processed when strictly necessary to deliver a requested service, and sale of sensitive data is completely prohibited even with consent. Under-18 sale and targeted advertising are prohibited regardless of consent. Strictest data minimization in the US.
TDPSATexas, United States
The TDPSA is the broadest US state privacy law: no revenue thresholds and no minimum consumer data volume thresholds. Applies to any non-small-business processing personal data of Texas residents. Must honor GPC signals since January 2025. This breadth means far more businesses are captured than under any other state law.

Frequently Asked Questions

DPDPA requires you to recognize an opt-out preference signal such as Global Privacy Control. Check whether GPC is working on your site to confirm the signal reaches you and that trackers actually stop firing when it does.

Stay compliant with DPDPA

ConsentStack helps you implement Opt-out consent for Delaware, United States automatically.