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The First State passes the country's 12th consumer privacy law

On the day the Delaware state legislature was set to adjourn, the House concurred with recent Senate amendments and voted to pass the country's 12th comprehensive consumer privacy law.

The Delaware Personal Data Privacy Act (DPDPA) will become effective January 1, 2025.

The Act provides Delaware residents with certain consumer privacy rights such as the right to know or access information a controller has collected, the right to delete information, and the right to correct inaccurate information. The DPDPA will apply to entities that conduct business in the State of Delaware that controlled or processed the personal data of at least 35,000 consumers; or controlled or processed the personal data of at least 10,000 consumers and derived more than 20 percent of their gross revenue from the sale of personal data. Notably, the DPDPA does not exempt nonprofits, as many other state consumer privacy laws do (except for nonprofits that are dedicated exclusively to preventing and addressing insurance crime).

The Act also requires the Delaware Department of Justice to engage in public outreach to educate consumers and the business community about the Act beginning at least six months prior to the effective date.

Tags

privacy, consumer rights, state law, privacy security & data innovations