Delaware Personal Data Privacy Act - Profiling Provisions
Effective date
Penalty
Up to $10,000 per violation. AG can also seek injunctive relief, restitution, and disgorgement. 60-day cure period expired December 31, 2025. Cure now at AG'…
Obligations mapped
12 obligations
Overview
Grants Delaware consumers the right to opt out of profiling for decisions with legal or significant effects. Opt-out limited to profiling in furtherance of solely automated decisions. Impact assessment required for entities processing 100,000+ consumer records (higher threshold than some states for this specific obligation). Unlike most state privacy laws, does not exempt nonprofits or institutions of higher education. Universal opt-out signals required since January 1, 2026.
This is a privacy law with automated decision-making provisions.
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Who this applies to
This regulation applies to the following roles:
- Deployers and users of covered AI systems and tools
- Organizations operating in Delaware
This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.
Section 12D-104(a)(6)c · Section 12D-104(a)(6)a and related sections
AI categories covered
- Consumer-facing AI
- Automated decision-making
Specific AI use cases:
- Customer profiling and segmentation
What this requires you to do
12 obligations identified from statutory analysis.
Section 12D-107(b)
Section 12D-106(a)(4)
Section 12D-106(a)(7)
Section 12D-104(a)(6)c
Section 12D-104(a)(6)b
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Up to $10,000 per violation. AG can also seek injunctive relief, restitution, and disgorgement. 60-day cure period expired December 31, 2025. Cure now at AG's discretion. No private right of action.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Delaware AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.