Delaware Personal Data Privacy Act (DPDPA)
Complete compliance guide for companies with <200 employees. Everything you need to know about DPDPA requirements, deadlines, and penalties.
45 calendar days
+ 45 days extension
$10,000/violation
Up to $10,000 per violation under the Delaware Consumer Fraud Act. A 60-day cure period applies until December 31, 2025, after which the Attorney General may proceed directly with enforcement.
35,000 consumers
$4,000 – $15,000
4-10 weeks
Mid-Market Compliance Guide
Delaware's DPDPA has a notably low consumer threshold: 35,000 consumers (excluding payment transactions) or just 10,000 consumers if deriving over 20% of gross revenue from personal data sales. This lower bar means many mid-market companies with even modest Delaware customer bases may be covered. Unlike most US state laws, DPDPA applies to nonprofits. The $10,000/violation penalty is higher than most peer states.
Key Requirements
- Provide a clear and accessible privacy notice
- Limit data collection to what is adequate, relevant, and necessary
- Obtain consent before processing sensitive data
- Conduct data protection assessments for high-risk processing
- Implement and maintain reasonable data security practices
- Honor universal opt-out mechanisms
Consumer Rights
Business Obligations
- 1.Provide privacy notice with required disclosures
- 2.Respond to consumer requests within 45 days
- 3.Provide an appeals process — respond to appeals within 60 days
- 4.Execute data processing agreements with processors
- 5.Implement reasonable data security measures
Exemptions
- •HIPAA-covered entities and data
- •GLBA-covered financial institutions
- •Higher education institutions
- •Government entities
Related Privacy Laws
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Disclaimer: This is general information, not legal advice. Consult a qualified attorney for your specific situation. Laws and regulations may change. Last reviewed: 3/3/2026.
