Resources / AI Laws by State / Delaware
Privacy law with profiling rules
Delaware AI and Privacy Laws
Delaware has no broad AI law, but its privacy law reaches automated decisions.
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
| Date | What takes effect | Status |
|---|---|---|
| Delaware Personal Data Privacy Act | In effect | |
| HB 380 amendments on thresholds, third parties, profiling, and automated decisions | Upcoming |
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.
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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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