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Privacy law with profiling rules

Delaware AI and Privacy Laws

Delaware has no broad AI law, but its privacy law reaches automated decisions.

Prepared by the Cogent Assurance team

What the law says

The Delaware Personal Data Privacy Act has been in effect since January 1, 2025.

Amendments signed September 2, 2026 and effective January 1, 2027 lower the applicability threshold to 10,000 consumers (5,000 for data sellers), cover third parties that acquire personal data, treat sensitive inferences as sensitive data, and tighten profiling and automated decision rules, including for job applicants, employees, and contractors.

A companion law requires notice to the Attorney General within 60 days of a data breach.

Key dates

DateWhat takes effectStatus
Delaware Personal Data Privacy ActIn effect
HB 380 amendments on thresholds, third parties, profiling, and automated decisionsUpcoming

What this means for your organization

The main obligations here come from the state’s consumer privacy law. If you use personal data for profiling or automated decisions, review your privacy notice, opt-out and appeal processes, and data protection assessments.

Our 2027 AI Governance Checklist covers the steps most organizations need, and our State AI Law Trackers explain the rules for specific industries.

Other states in this category

See every state on the AI Laws by State map.

This page is general information for planning purposes. Laws and guidance change, so confirm current requirements before acting. It is not legal advice. For legal advice about your organization, consult a licensed attorney.

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