Delaware

From US state consumer privacy laws: Which US states have comprehensive consumer privacy laws, who do they apply to, and what happens if a business breaks them?

Law: Delaware Personal Data Privacy Act

The act's official or short title as the statute or the state's official page gives it, with its code citation if stated.

CHAPTER 12D. Delaware Personal Data Privacy Act

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.

Takes effect: Not looked at yet

The first date the law's main consumer-privacy duties apply to businesses, as stated by the statute or state. Ignore later phase-ins for specific provisions.

No source we could use stated this. A blank never means no.

Who it applies to: Not looked at yet

The law's applicability threshold in short form, as the statute states it, such as revenue or number of consumers processed.

No source we could use stated this. A blank never means no.

Consumers threshold: 35000 consumers

The lowest number of state consumers whose personal data triggers the law on its own, without a revenue test. Null if the law has no such number.

Controlled or processed the personal data of not less than 35,000 consumers

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.

Cure period: 60 days

Days the statute gives a business to fix a violation before enforcement. Null if the law gives no right to cure.

If the controller fails to cure such violation within 60 days of receipt of the notice of violation

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.

Cure period ends: December 31, 2025

The date the right to cure sunsets, as stated in the statute. Null if there is no cure period or it does not expire.

During the period beginning on January 1, 2025, and ending on December 31, 2025, the Department of Justice shall

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.

Enforced by: Department of Justice

The official or agency the statute names as enforcer.

The Department of Justice has enforcement authority over this chapter

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.

Maximum penalty: 10000 USD per violation

The highest civil penalty per violation stated in the statute, including higher tiers such as intentional violations. Use the statute's base figure, not inflation-adjusted amounts, unless the statute itself states the adjusted figure.

a civil penalty of not more than $10,000 for each violation

Source: https://delcode.delaware.gov/title6/c025/sc02/index.html. Read 2026-11-01. Read once.

Private right of action: No

True if consumers can sue directly under the law for any violation. False if the statute says it creates no private right of action or leaves enforcement solely to the state.

Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of said sections or any other law.

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.

Opt-out signal required: Yes

True if the statute requires businesses to honor a universal opt-out signal or preference signal, such as Global Privacy Control, now or by a stated date.

Not later than January 1, 2026, allowing a consumer to opt out of any processing of the consumer’s personal data for the purposes of targeted advert

Source: https://delcode.delaware.gov/title6/c012d/index.html. Read 2026-11-01. Read once.