Law note · Delaware
Delaware Personal Data Privacy Act, Department of Justice enforcement
The Delaware Department of Justice has authority to enforce DPDPA; a violation is deemed an unlawful practice under the Delaware Consumer Fraud Act, Del. Code tit. 6, section 2513, and is enforced solely by the Department of Justice. A cure notice was mandatory through December 31, 2025; from January 1, 2026 the Department may consider listed factors in deciding whether to offer a cure. The chapter creates no private right of action.
What it asks of an app
- Expect DPDPA violations to be enforced solely by the Delaware Department of Justice, never by a private plaintiff.
- Do not assume a mandatory cure notice as of right. The mandatory cure period ended December 31, 2025; since January 1, 2026 the Department of Justice decides whether to offer one.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Delaware statute text, Title 6 Chapter 12D, Delaware Code