Law note · Delaware

Delaware Personal Data Privacy Act (DPDPA), general applicability and controller/processor duties

cite Del. Code Ann. tit. 6, ยงยง 12D-101, 12D-104 to 12D-109 stage IN FORCE in force since 2025-01-01 reviewed 2026-08-27

DPDPA governs private-sector processing of Delaware consumers' personal data. It is codified at Del. Code Ann. tit. 6, ch. 12D, correcting a chapter-number error carried in a prior corpus record, which cited the DPDPA against Chapter 12C, a different Delaware statute. Enacted as H.B. 154, 152nd General Assembly, effective January 1, 2025. Controller duties are allocated at sections 12D-104 through 12D-108 and processor duties at section 12D-109.

H.B. 380 (153rd General Assembly), which would extend the Act to employee, applicant, and contractor data used in consequential employment decisions and lower applicability thresholds, passed the General Assembly on June 16, 2026 but its gubernatorial signature status was unconfirmed as of this document's as_of_date; it is not recorded as its own instrument pending that confirmation.

What it asks of an app

  • Cite DPDPA to Title 6, Chapter 12D of the Delaware Code, not Chapter 12C, which is a different statute.
  • Watch for H.B. 380's enactment. If signed, it would extend DPDPA to employee, applicant, and contractor data used in consequential employment decisions and lower the applicability thresholds, effective January 1, 2027.

When LexLint raises it

Declared activities: automated_outreach, crawls_web, deploys_chatbot, processes_biometrics, processes_voice, trains_models

Primary source: official Delaware statute text, Title 6 Chapter 12D, Delaware Code

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