Skip to main content

On-demand webinar coming soon...

Blog

Delaware becomes twelfth state to pass comprehensive privacy act

The Delaware Personal Data Privacy Act passed both the House and the Senate becoming the seventh state privacy law passed this year

Robb Hiscock
Senior Content Marketing Specialist, CIPP/E, CIPM
July 12, 2023

Closeup of the Delaware state flag

On June 30, 2023, the Delaware Personal Data Privacy Act (DPDPA) was passed by the House and Senate and subsequently sent to the Governor of Delaware for signature. The DPDPA becomes the seventh comprehensive privacy act passed this year and follows on from Oregon which recently passed its own privacy law.  

The DPDPA holds similar requirements to several US privacy laws meaning that businesses that are covered by the DPDPA will likely have encountered the provisions in their existing privacy programs, including privacy notices, data protection assessments, and consent requirements. Let’s take a closer look at the DPDPA’s provisions. 

 

Scope of application

The scope of the DPDPA is similar in many respects to that found under other US privacy laws however its application thresholds are lower than those found in comparable laws. 

The DPDPA will apply to entities that conduct business in Delaware or that produce products or services that are targeted to residents of Delaware and meet one of the following criteria during the preceding calendar year:

  • Controlled or processed the personal data of more than 35,000 consumers (excluding payment transactions) 

OR

  • Controlled or processed the personal data of more than 10,000 consumers and derived more than 20% of gross revenue from the sale of personal data

Unlike Oregon’s scope of application, the DPDPA does include an entity-level exemption for businesses covered by the Gramm-Leach-Bliley Act (GLBA). As for the Health Insurance Portability and Accountability Act (HIPAA), there is only a data-level exemption for protected health information. Additionally, there is not a blanket non-profit exemption, however, there are two scenarios whereby non-profit organizations are exempt. These are:

  • Non-profit organizations that are dedicated exclusively to preventing and addressing insurance crime
  • Non-profit organizations that provide services to victims of or witnesses to child abuse, domestic violence, human trafficking, sexual assault, violent felony, or stalking

 

Key requirements 

For businesses that are covered by the DPDPA, there are several key requirements that they will need to meet for compliance. However, these requirements – which include data protection assessments, transparency requirements, and consumer rights – are all now commonplace across the US state privacy landscape. 

 

Sensitive data 

“Sensitive data” is specifically defined under the DPDPA and includes the following types of information that reveal: 

  • Racial or ethnic origin
  • Religious beliefs
  • Mental or physical health condition or diagnosis (including pregnancy)
  • Sex life
  • Sexual orientation
  • Status as transgender or nonbinary
  • Citizenship or immigration status
  • Genetic or biometric data
  • Children’s data
  • Precise geolocation data

Businesses will be prohibited from processing sensitive data without first obtaining valid consent from the individual or a parent/guardian in the case of a child. 

 

Valid consent 

Ensuring valid consent is collected from consumers will be crucial for businesses looking to comply with the DPDPA.  Under the law, valid consent is defined as “a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to allow the processing of personal data relating to the consumer.”

Consent must be given as an unambiguous affirmative action and cannot be considered valid if it has been obtained through the use of dark patterns defined as “a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making, or choice” or interfaces that fall under the FTC definition of a dark pattern. Additionally, consent cannot be considered valid if it has been collected within a broader set of terms and conditions, or via hovering over, muting, pausing, or closing a given piece of content. 

 

Consumer rights

Consumer rights under the DPDPA align closely with those found across US state privacy laws. Consumers will have the following rights:

  • Right to confirm processing 
  • Right to access personal data
  • Right to correction 
  • Right to deletion 
  • Right to data portability 
  • Right to obtain a list of the categories of third parties to which personal data has been disclosed 
  • Opt out of the processing of personal data for purposes of any of the following activities: 
  • Targeted advertising
  • Sale of personal data
  • Profiling 

Businesses will be required to provide a clear and conspicuous link opt-out link on websites and other web properties allowing consumers to exercise their rights. The DPDPA will also require businesses to honor universal opt-out signals such as the Global Privacy Control (GPC). 

Businesses will have 45 days to respond to consumer rights requests with the possibility of a 45-day extension. 

 

Privacy notice 

Businesses will need to present consumers with a reasonably accessible, clear, and meaningful privacy notice to comply with transparency obligations under the DPDPA. 

A privacy notice in Delaware should include: 

  • Categories of personal data processed 
  • Purposes of processing 
  • How consumers can exercise their rights
  • Categories of personal data shared with third parties
  • Categories of third parties with which personal data is shared
  • Contact details of the controller

 

Data protection assessments 

There are data protection assessment requirements under the DPDPA for businesses that control or process the personal data of more than 100,000 consumers. Businesses will be required to document data protection assessment for each of the processing activities that present a heightened risk of harm. This includes processing personal data for targeted advertising, the sale of personal data, processing personal data for profiling, and processing sensitive data.

Within a data protection assessment, businesses must identify and weigh the benefits of the processing activity against the risk of harm it presents to the consumer. The DPDPA also allows a single data protection assessment for comparable sets of processing operations, and data protection assessments completed in line with other similar privacy laws can be considered valid in Delaware. 

 

Enforcement 

The Delaware Department of Justice will be the authority charged with implementing and enforcing the DPDPA and will investigate and prosecute violations of the law. 

The DPDPA includes a 60-day cure period for businesses found to have violated the law. This cure period provision will sunset on December 31, 2025, and from January 1, 2026, the cure period in Delaware will be discretionary.  

Violations of the DPDPA will be considered as an unfair trade practice under Delaware Title 29 Chapter 25 Subchapter II, meaning a maximum of $10,000 can be issued per violation.

 

How OneTrust help you prepare for the DPDPA

The OneTrust Privacy and Data Governance Cloud offers several solutions to help you prepare for the DPDPA and other US state privacy laws. Data Mapping Automation can help you to find, classify, and map personal data and how it flows through your organization. Your data map can be used to help inform other crucial elements of your DPDPA compliance program, such as fulfilling consumer rights requests through the Privacy Rights Request Automation solution or data protection assessments in the PIA & DPIA Automation solution. The Privacy & Data Governance Cloud also includes Privacy Notice Management to help you ensure that you are presenting consumers with the correct information depending on the jurisdiction that they are in. 

Request a demo and speak to an expert to see how the OneTrust Privacy & Data Governance Cloud can help you prepare for the DPDPA and the entire US privacy landscape.


You may also like

Webinar

Privacy Management

Spring into action! Navigating CPRA: Ensuring compliance and protecting privacy

Join us for an interactive webinar we dive into the CPRA, which will go into force on March 29th.

March 21, 2024

Learn more

Webinar

Privacy Management

The road to 50 states: New Jersey and New Hampshire join the US privacy landscape

oin OneTrust DataGuidance for a webinar highlighting the key requirements within the new US laws, New Jersey Senate Bill 332 and New Hampshire Senate Bill 255.

February 01, 2024

Learn more

Webinar

Privacy Automation

Embedding Privacy by Design through PIA Automation

Join us for a webinar on Embedding Privacy by Design through PIA Automation.

January 11, 2024

Learn more

Webinar

Privacy Management

Automating fulfillment of subject rights requests in the US

Learn how Privacy Rights Automation helps to fully automate privacy rights requests. 

December 06, 2023

Learn more

Webinar

Privacy Management

December's deadline: Ensuring compliance with Utah's privacy regulation

Join us for a webinar as we explore the impending implementation of the Utah Privacy Law, set to take effect on December 31, 2023.

November 14, 2023

Learn more

Webinar

Privacy Management

The road to privacy compliance: A spotlight on Oregon & Delaware legislation

We explore the new Oregon and Delaware privacy laws, how they differ from other US privacy laws, and what they mean for your business.

September 14, 2023

Learn more

Regulation Book

Privacy Management

Utah Consumer Privacy Act law book

Download the Utah Consumer Privacy Act law book and have the official UCPA text at your fingertips for when the law takes effect on December 31, 2023.

September 04, 2023

Learn more

Blog

Privacy Management

The road to 50 states: Delaware and Oregon join the US privacy landscape

Get in-depth analysis on two upcoming US Privacy laws, the Oregon Consumer Privacy Act (OCPA) and the Delaware Personal Data Privacy Act (DPDPA), with OneTrust DataGuidence and a panel of experts.

August 10, 2023

Learn more

Resource Kit

Privacy Management

EU-US Data Privacy Framework resource kit

Download our EU-US Data Privacy Framework resource kit to better understand the new aggreement for cross-border personal data transfers and how to educate your stakeholders.

July 20, 2023

Learn more

Resource Kit

Privacy & Data Governance

US privacy resource kit

Download our US privacy resource kit designed to access a range of materials to help you understand how the US privacy landscape is evolving.

July 13, 2023

Learn more

Webinar

Privacy Management

Now in effect: Colorado and Connecticut privacy laws

In this free webinar, our privacy experts delve into the new Colorado and Connecticut privacy laws and how they differ from other US state regulations.

July 12, 2023

Learn more

Webinar

Privacy Management

New states, new dates: Preparing for Indiana, Montana, Tennessee and Florida state privacy laws

Join our expert panel where we examine upcoming privacy legislation in Indiana, Montana, Tennessee, and Florida and the key requirements of each law.

June 20, 2023

Learn more

Infographic

Consent & Preferences

Navigating Google's new CMP requirements

Adapt to Google's June 2023 CMP requirements with this infographic and confidently engage your audience while staying compliant.

June 20, 2023

Learn more

Webinar

Privacy Automation

US privacy laws on the horizon: Which states will be next?

Join our live webinar as OneTrust DataGuidence and privacy experts examine new privacy legislation in Indiana, Montana, Tennessee, Florida, and Texas.

June 15, 2023

Learn more

eBook

Consent & Preferences

The ultimate guide to consent and preferences for marketers

Download this eBook and learn how marketers can apply consent and preference principles to build a relationship with their audience built on trust.

June 02, 2023

Learn more

Regulation Book

Privacy Management

Colorado Privacy Act law book

The Colorado Privacy Act (CPA) comes into force on July 1. Get the law's official text right at your fingertips.

May 30, 2023

Learn more

Webinar

Privacy Management

Understanding Washington's My Health My Data Act

The Washington My Health My Data Act was signed into law on April 27, 2023 and will be enacted the following year. Join OneTrust DataGuidance and a team of legal experts and get the knowledge you need for compliance.

May 18, 2023

Learn more

Webinar

Privacy & Data Governance

Operationalizing the Iowa Consumer Data Protection Act

Join the Privacy experts at OneTrust for an update on the new law and learn key requirements of Iowa’s new privacy law and more.

May 16, 2023

Learn more

White Paper

AI Governance

Navigating responsible AI: A privacy professional's guide

Download our white paper and learn how privacy teams help organizations establish and implement polices that ensure AI applications are responsible and ethical. 

May 03, 2023

Learn more

Blog

Privacy & Data Governance

Comparing US privacy law exemptions infographic

Learn how to navigate the new US privacy law exemptions and see how they compare.

May 01, 2023

Learn more

Webinar

Privacy & Data Governance

Automate subject rights requests for compliance with US state privacy laws

Join this interactive webinar to learn how OneTrust Privacy Rights Automation helps you to fully automate privacy rights requests for your organization.

April 19, 2023

Learn more

Webinar

Privacy & Data Governance

Iowa joins US privacy landscape with a new law

OneTrust DataGuidance’s webinar discusses Iowa’s CDPA, its similarities to other US privacy laws, its implications on organizations, and steps for compliance.

April 10, 2023

Learn more

Webinar

Privacy & Data Governance

USA biometric laws: Key considerations and emerging trends

Biometric laws are emerging, and companies must ensure compliance to avoid hefty fines. Join the OneTrust DataGuidance panel of experts to learn more.

April 06, 2023 1 min read

Learn more

Infographic

Privacy Management

US privacy in 2023: Top 3 compliance priorities

Businesses at different stages of privacy maturity will need to approach US privacy compliance in different ways. Download the infographic to learn more.

March 08, 2023

Learn more

Webinar

Privacy & Data Governance

Assess privacy risk for compliance with US state privacy laws

Join this US Privacy Demo Series webinar to see a live demo of the OneTrust privacy risk or data protection assessments (PIA's) automation solution.

March 01, 2023

Learn more

Webinar

Privacy Automation

US Privacy Masterclass - Employee rights fulfilment

Learn the steps you can take to boost employee trust in compliance with US Privacy Laws in our US Privacy Masterclass on Employee Rights Fulfilment.

February 07, 2023

Learn more

Webinar

Privacy Automation

US Privacy Masterclass - Consumer rights & opt-outs

Join us in our US Privacy Masterclass as we delve into the evolving US privacy landscape and how you can build a trust-based privacy program in 2023.

February 07, 2023

Learn more

Webinar

Privacy Automation

US privacy masterclass - risk and DPIAs

Join us in our US Privacy Masterclass on Risk and DPIAs to understand the operational components for risk assessments/data protection assessments.

February 06, 2023

Learn more

Webinar

Privacy Automation

US privacy masterclass - retention & minimization

Our US Privacy Masterclass on Retention & Minimization will help you understand data policy requirements across US Privacy Laws.

February 06, 2023

Learn more

Webinar

Privacy Management

Data Privacy Day: Protiviti & OneTrust

Join industry experts at OneTrust & Protiviti for an operational deep dive and interactive Q&A on the upcoming US State laws set to go into effect in 2023.

January 26, 2023

Learn more

Checklist

Privacy Management

7 steps to CPRA compliance

Download this checklist to make sure your organization follows the right steps to implement processes that achieve California Privacy Rights Act compliance.

January 24, 2023

Learn more

eBook

Consent & Preferences

The ultimate guide to US opt-out requirements

Learn about the different opt-out requirements, such as a “Do Not Sell My Personal Information” in the US privacy landscape, and how to comply with them.

January 23, 2023

Learn more

eBook

Privacy & Data Governance

The ultimate guide to US privacy

Learn more about the three priorities for managing US privacy requirements, including addressing the most visible aspects of US privacy compliance.

December 12, 2022

Learn more

Webinar

Privacy Management

Expanded US consumer rights: What’s new and what should you do?

Join our experts to understand the operational impact of these newly-expanded US consumer rights and how to automate consumer rights request fulfillment.

August 25, 2022

Learn more

Webinar

Privacy Management

Privacy risk assessments in the US: Why, when, and what?

In this webinar, OneTrust experts discuss requirements for conducting PIAs: why they exist, when you should do them, and what they should include.

August 24, 2022

Learn more

Webinar

Privacy & Data Governance

A US federal privacy bill is on the horizon: get to know the ADPPA webinar

In this session, legal experts Michelle Schaap and Andy Lee are joined by OneTrust DataGuidance to provide an overview of what the ADPPA entails.

August 17, 2022

Learn more

Webinar

Privacy Management

Establishing and enforcing retention policies

Attend our webinar, "Establishing and enforcing retention policies," part of the US Privacy Laws Masterclass Series.

July 27, 2022

Learn more

eBook

Privacy & Data Governance

How to comply with the CCPA opt-out requirement

Download this guide to learn how you can comply with the CCPA's opt-out requirements to get on the right track to CCPA compliance.

July 22, 2022

Learn more

White Paper

Privacy & Data Governance

How OneTrust helps with California privacy law compliance (CCPA & CPRA)

This guide to California privacy law compliance helps your organization understand the requirements under the CCPA and CPRA.

June 23, 2022

Learn more

Webinar

Privacy Management

Utah and Connecticut: Latest additions to the US Privacy landscape

Watch our webinars on the latest privacy laws from Utah and Connecticut and what you need to know to prepare in 2023.

June 17, 2022

Learn more

Webinar

Privacy & Data Governance

US privacy laws & regulations: answering your biggest questions

Join us for a Q&A on the several US state laws going in effect in 2023.

June 16, 2022

Learn more

eBook

Privacy & Data Governance

Comparing US state privacy laws

Download this eBook and explore the key areas of US state privacy laws and how they compare. 

June 15, 2022

Learn more

Resource Kit

Privacy Management

Your US privacy masterclass resource kit

These resources provide key information on US privacy law through blogs, webinars, and eBooks.

April 26, 2022

Learn more

Checklist

Privacy & Data Governance

6 step checklist for compliance with US privacy laws

Download our six step checklist for US privacy laws and ensure that your company remains compliant in 2023.

March 29, 2022

Learn more

Webinar

Privacy & Data Governance

Utah joins the US Privacy landscape with new comprehensive law

Join us for an overview of Utah's Consumer Privacy Act (UCPA) and its impact on your organization.

March 25, 2022

Learn more

Webinar

Privacy Management

Overview: Understanding the trio of US privacy laws

Attend our webinar, to better understand privacy laws in the US.

March 23, 2022

Learn more

Webinar

Privacy Management

New to US privacy: Privacy impact assessments

Watch our webinar as we discuss privacy impact assessments and how they relate to US privacy laws.

March 23, 2022

Learn more

Webinar

Privacy Management

Navigating opt-out of sale vs. share

Watch our US Privacy Law masterclass to  learn about opt-out of sales and share requirements and best practices for approaching compliance.

March 23, 2022

Learn more

Webinar

Privacy Management

US Privacy series: Effectively governing personal and sensitive personal information part 3

Watch our webinar on US privacy laws and gain insight on effective personal information managment strategies.

February 02, 2022

Learn more

Webinar

Privacy Management

US Privacy series: Effectively governing personal and sensitive personal information part 2

Join us for an overview of US privacy laws and strategies for dealing with compliance.

January 11, 2022

Learn more

Webinar

Privacy Management

[Part 1] US Privacy Series: Establishing a foundation for compliance

In the first part of our US Privacy Series, we discuss US privacy laws such as the CPRA and best practices towards compliance. 

December 21, 2021

Learn more

Infographic

Privacy & Data Governance

Employee rights under the CPRA

Download our infographic on employee rights under the CPRA to help prepare for the law's expansion in CPRA. 

December 07, 2021

Learn more

eBook

Privacy & Data Governance

The ultimate guide to CCPA compliance

The Ultimate Guide to CCPA Compliance eBook highlights key compliance areas of  the CCPA that you should consider when building a privacy program.

December 01, 2021

Learn more

eBook

Privacy & Data Governance

Download this eBook for an overview of the Virginia Consumer Data Protection Act (CDPA) to understand what it means for organizations.

Download this eBook for an overview of the Virginia Consumer Data Protection Act (CDPA) to understand what it means for organizations.

July 22, 2021

Learn more

Webinar

Privacy & Data Governance

CCPA compliance masterclass

Watch our OneTrust CCPA Masterclass Series and learn how to prepare your organization for CCPA compliance.

Learn more

Webinar

US Privacy Masterclass: Countdown to 2023 compliance

Join this US Privacy Masterclass series as we delve into the evolving US privacy landscape and how you can build a trust-based privacy program in 2023.

Learn more

Webinar

Privacy Management

US Privacy Masterclass 2022

Watch the OneTrust US Privacy Masterclass series and gain insight on the major US privacy law and best practices.

Learn more