What Is the Delaware Personal Data Privacy Act (DPDPA)?
DPDPA applies to controllers that conduct business in Delaware or target Delaware residents and meet its 35,000-consumer or 10,000-consumer-plus-more-than-20%-sale-revenue threshold, subject to statutory exceptions. It can apply to nonprofit organizations, requires a 45-day response framework, and requires recognition of qualifying universal opt-out mechanisms beginning January 1, 2026. The Delaware DOJ has exclusive enforcement authority, with civil penalties up to $10,000 per violation; the mandatory cure rule ended after December 31, 2025, and any later cure opportunity is discretionary.
At a glance
- Full name
- Delaware Personal Data Privacy Act
- Short code
- DPDPA
- Effective date
- January 1, 2025
- Response reference
- 45 days in this snapshot
- Cure period
- None recorded in this snapshot
- Private right of action
- No
- Enforcement
- Delaware Department of Justice. Consumer Protection Unit
- Penalty reference
- Up to $10,000 per violation under the Delaware Consumer Fraud Act
- Statutory citation
- Del. Code tit. 6, §§ 12D-101–12D-111
Who DPDPA applies to
A business is covered if it meets the applicability thresholds set out in Del. Code tit. 6, §§ 12D-101–12D-111. The thresholds listed below are the research record for this law. Whether one or more applies depends on the current statute, its exceptions, and the business's facts; do not assume a universal threshold structure.
- Currently in effect: conducts business in Delaware or targets Delaware residents and, during the preceding calendar year, controls or processes the personal data of at least 35,000 Delaware consumers, excluding data processed solely for payment transactions
- Currently in effect: conducts business in Delaware or targets Delaware residents and, during the preceding calendar year, controls or processes the personal data of at least 10,000 Delaware consumers and derives more than 20% of gross revenue from the sale of personal data
- Beginning January 1, 2027 (HB 380, Del. Laws Vol. 85, c. 463, amending 6 Del. C. § 12D-103(a)): the general threshold lowers to at least 10,000 Delaware consumers, and the sale-of-data threshold lowers to at least 5,000 Delaware consumers with more than 20% of gross revenue from the sale of personal data. The current 35,000/10,000 figures remain controlling until then.
Consumer rights under DPDPA
Delete, access, correct, port, opt-out
Nonprofit coverage subject to statutory exclusions
Universal opt-out recognition from January 1, 2026
Notable features (vs. CCPA)
DPDPA can apply to nonprofit organizations subject to statutory exclusions. It requires recognition of qualifying universal opt-out mechanisms beginning January 1, 2026, requires consent for sensitive-data processing, and requires opt-in consent before sale or targeted advertising involving consumers under 18. The statute also addresses de-identified and pseudonymous data without requiring re-identification. HB 380, signed September 2, 2026 and effective January 1, 2027, lowers the applicability thresholds (see above), lowers the data-protection-assessment threshold from 100,000 to 50,000 consumers, and adds new obligations covering third parties that acquire personal data. It does not restore the 60-day cure period.
Enforcement and penalty reference
Enforcing agency: Delaware Department of Justice. Consumer Protection Unit
Penalty reference: Up to $10,000 per violation under the Delaware Consumer Fraud Act
Cure period: The mandatory 60-day notice-and-cure rule applied through December 31, 2025. Beginning January 1, 2026, the Delaware Department of Justice may consider statutory factors when deciding whether to offer an opportunity to cure; do not assume that a cure is available.
Private right of action: DPDPA has no private right of action. Enforcement is exclusive to the Delaware Attorney General. Consumer Protection Unit.
Where to file a complaint: Delaware Department of Justice. Consumer Protection
How to exercise your DPDPA rights
- 1
Identify the business that holds your data. OfflistMe can help you review a provider route across 1,034 US/global data brokers in the 1,052-record research universe; it does not decide whether a law applies to a specific request.
- 2
Submit a verifiable consumer request. Submit a request to the business's designated contact using the provider's current verification instructions. Include only the information reasonably needed to match your record and check the applicable Delaware residency, scope, exemption, and verification rules before sending.
- 3
Track the applicable response window. This research snapshot records a 45-day reference window for the modeled request. Confirm the current statute, request type, controller scope, extension rule, and verification date before treating it as a deadline.
- 4
Escalate if denied or ignored. If the provider does not respond or disputes the request, preserve the request and response record, review the applicable exceptions, and consider the Delaware Department of Justice. Consumer Protection complaint route at https://attorneygeneral.delaware.gov/fraud/cmu/complaint/. A complaint route does not itself guarantee deletion or a particular enforcement result.
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FAQ
Why does Delaware state law matter if I don't live in Delaware?+
Some businesses, including some data brokers, are incorporated in Delaware, but incorporation alone does not establish that the DPDPA covers a particular consumer request or that the Delaware AG can pursue every out-of-state conduct. Check the controller, processing, consumer, and statutory-scope facts before relying on Delaware as an enforcement route.
What DPDPA threshold changes are scheduled for January 1, 2027?+
HB 380 was signed on September 2, 2026 and takes effect January 1, 2027. It amends the DPDPA thresholds to at least 10,000 Delaware consumers, or at least 5,000 consumers when more than 20% of gross revenue comes from selling personal data. The current 35,000/10,000 thresholds remain controlling until then.
Official sources & citations
Compare with sibling state laws
DPDPA is one of 18 comprehensive US state privacy laws. Its closest peers by effective date, useful when tracking how this law influenced or was influenced by neighboring legislation:
State privacy-law comparison: effective dates, cure periods, and penalties
18 explainer states are compared from the state-law datasets. The chart emphasizes cure-period days; the table preserves effective dates and penalty wording.
- Highlighted state
- Other states with an explainer
Effective: 2024-07-01
Penalty: Up to $7,500 per violation
Effective: 2023-01-01
Penalty: Up to $7,500 per violation
Effective: 2023-07-01
Penalty: Up to $20,000 per violation under the Colorado Consumer Protection Act
Effective: 2023-07-01
Penalty: Up to $5,000 per violation under the Connecticut Unfair Trade Practices Act
Effective: 2023-12-31
Penalty: Up to $7,500 per violation
Effective: 2024-07-01
Penalty: Up to $7,500 per violation under the Oregon Unlawful Trade Practices Act
Effective: 2025-07-01
Penalty: Up to $7,500 per violation; a court may award treble damages for willful or knowing violations
Effective: 2025-01-01
Penalty: Up to $10,000 per violation under the Delaware Consumer Fraud Act
Effective: 2025-01-01
Penalty: Up to $10,000 per violation under RSA 358-A:4
Effective: 2025-01-15
Penalty: Up to $10,000 for the first violation; up to $20,000 for each subsequent violation under the NJ Consumer Fraud Act
Effective: 2025-10-01
Penalty: Up to $10,000 per violation; up to $25,000 for repeat violations under the Maryland Consumer Protection Act
Effective: 2025-07-31
Penalty: Up to $7,500 per violation under existing consumer protection authority
Effective: 2025-01-01
Penalty: Up to $7,500 per violation under the Iowa Consumer Fraud Act
Effective: 2024-10-01
Penalty: Up to $7,500 for each violation under Mont. Code Ann. § 30-14-2820, following the statutory notice-and-cure period
Effective: 2026-01-01
Penalty: Up to $7,500 for each violation under Ind. Code § 24-15-10-2, plus reasonable enforcement expenses
Effective: 2025-01-01
Penalty: Up to $7,500 in civil penalties for each violation under Neb. Rev. Stat. § 87-1124, following the statutory cure period or a breach of the written statement
Effective: 2026-01-01
Penalty: Up to $7,500 in damages for each continued violation under Ky. Rev. Stat. § 367.3627
Effective: 2026-01-01
Penalty: An intentional disclosure to a shell entity or in violation of the chapter carries a $100–$500 fine per disclosure under R.I. Gen. Laws § 6-48.1-8; other Deceptive Trade Practices Act remedies are not summarized here
“None” follows the explainer's null cure-period field; it is not an inference about a different provision. Effective dates are “Not stated” when the matching state-page field is absent.
Show the data as a table
| State | Effective date | Cure period | Penalty text |
|---|---|---|---|
| Texas | 2024-07-01 | 30 days | Up to $7,500 per violation |
| Virginia | 2023-01-01 | 30 days | Up to $7,500 per violation |
| Colorado | 2023-07-01 | none | Up to $20,000 per violation under the Colorado Consumer Protection Act |
| Connecticut | 2023-07-01 | none | Up to $5,000 per violation under the Connecticut Unfair Trade Practices Act |
| Utah | 2023-12-31 | 30 days | Up to $7,500 per violation |
| Oregon | 2024-07-01 | none | Up to $7,500 per violation under the Oregon Unlawful Trade Practices Act |
| Tennessee | 2025-07-01 | 60 days | Up to $7,500 per violation; a court may award treble damages for willful or knowing violations |
| Delaware | 2025-01-01 | none | Up to $10,000 per violation under the Delaware Consumer Fraud Act |
| New Hampshire | 2025-01-01 | none | Up to $10,000 per violation under RSA 358-A:4 |
| New Jersey | 2025-01-15 | none | Up to $10,000 for the first violation; up to $20,000 for each subsequent violation under the NJ Consumer Fraud Act |
| Maryland | 2025-10-01 | none | Up to $10,000 per violation; up to $25,000 for repeat violations under the Maryland Consumer Protection Act |
| Minnesota | 2025-07-31 | none | Up to $7,500 per violation under existing consumer protection authority |
| Iowa | 2025-01-01 | 90 days | Up to $7,500 per violation under the Iowa Consumer Fraud Act |
| Montana | 2024-10-01 | 30 days | Up to $7,500 for each violation under Mont. Code Ann. § 30-14-2820, following the statutory notice-and-cure period |
| Indiana | 2026-01-01 | 30 days | Up to $7,500 for each violation under Ind. Code § 24-15-10-2, plus reasonable enforcement expenses |
| Nebraska | 2025-01-01 | 30 days | Up to $7,500 in civil penalties for each violation under Neb. Rev. Stat. § 87-1124, following the statutory cure period or a breach of the written statement |
| Kentucky | 2026-01-01 | 30 days | Up to $7,500 in damages for each continued violation under Ky. Rev. Stat. § 367.3627 |
| Rhode Island | 2026-01-01 | none | An intentional disclosure to a shell entity or in violation of the chapter carries a $100–$500 fine per disclosure under R.I. Gen. Laws § 6-48.1-8; other Deceptive Trade Practices Act remedies are not summarized here |
Sources (36)
Texas Business & Commerce Code, Chapter 541 (TDPSA) · Texas AG. Consumer Privacy · Virginia Code § 59.1-575 (VCDPA) · Virginia AG. Consumer Privacy · Colorado Revised Statutes 2026, Title 6, Part 13 (Colorado Privacy Act) · Colorado AG. Data Privacy · Connecticut Attorney General. The Connecticut Data Privacy Act · Connecticut Public Act 25-113 · Utah Code Title 13, Chapter 61 (UCPA) · Utah Code § 13-61-201, effective July 1, 2026 · Oregon Revised Statutes Chapter 646A (2025 edition; check later session laws) · Oregon Legislature. Current ORS update and session-law notice · Tennessee Code, Title 47, Chapter 18, Part 33 (official code volume) · Tennessee Attorney General. TIPA consumer and business guide · Delaware Code Title 6, Chapter 12D (DPDPA) · Delaware DOJ. Consumer Protection · New Hampshire Revised Statutes, Chapter 507-H (NHDPA) · New Hampshire Revised Statutes § 358-A:4 · NJDPA (P.L. 2023, c. 266. Full Text) · New Jersey Division of Consumer Affairs · Maryland SB 541 / MODPA (Signed Chapter 455) · Maryland AG. Consumer Protection Division · Minnesota Statutes Chapter 325M (MCDPA) · Minnesota AG. Consumer Protection · Iowa Code Chapter 715D (ICDPA) · Iowa AG. Consumer Protection · Montana Code Title 30, Chapter 14, Part 28 (MTCDPA) · Montana DOJ. Montana Consumer Data Privacy / SB 297 · Indiana Code Title 24, Article 15 (INCDPA) · Indiana Attorney General. Consumer Data Bill of Rights · Nebraska Revised Statutes §§ 87-1101–87-1130 (NBDPA) · Nebraska Revised Statute § 87-1103 (applicability) · Kentucky Revised Statutes Chapter 367 (KCDPA sections) · Kentucky Revised Statutes § 367.3611 (July 1, 2027 version) · Rhode Island General Laws Title 6, Chapter 48.1 (RIDTPPA) · Rhode Island General Laws § 6-48.1-3 (information sharing practices)
Checked state pages 2026-10-14; law explainers 2026-10-11
Recorded state response-window references
The bars show deletionDeadlineDays values recorded in the state-page dataset; states without that field remain visible in a separate list.
- Highlighted focus state
- Other recorded states
This is a reference window recorded in this dataset; confirm the statute, request type, controller scope, verification rules, extensions, and exceptions before treating it as a deadline. A recorded window does not predict acceptance or completion.
Not recorded: Alabama, Alaska, Arizona, Arkansas, Georgia, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont, Washington, West Virginia, Wisconsin, Wyoming.
Show the data as a table
| State | Reference window | Dataset status |
|---|---|---|
| Alabama | Not recorded | Context |
| Alaska | Not recorded | Context |
| Arizona | Not recorded | Context |
| Arkansas | Not recorded | Context |
| California | 45 days | Context |
| Colorado | 45 days | Context |
| Connecticut | 45 days | Context |
| Delaware | 45 days | Focus state |
| Florida | 45 days | Context |
| Georgia | Not recorded | Context |
| Hawaii | Not recorded | Context |
| Idaho | Not recorded | Context |
| Illinois | Not recorded | Context |
| Indiana | 45 days | Context |
| Iowa | 90 days | Context |
| Kansas | Not recorded | Context |
| Kentucky | 45 days | Context |
| Louisiana | Not recorded | Context |
| Maine | Not recorded | Context |
| Maryland | 45 days | Context |
| Massachusetts | Not recorded | Context |
| Michigan | Not recorded | Context |
| Minnesota | 45 days | Context |
| Mississippi | Not recorded | Context |
| Missouri | Not recorded | Context |
| Montana | 45 days | Context |
| Nebraska | 45 days | Context |
| Nevada | Not recorded | Context |
| New Hampshire | 45 days | Context |
| New Jersey | 45 days | Context |
| New Mexico | Not recorded | Context |
| New York | Not recorded | Context |
| North Carolina | Not recorded | Context |
| North Dakota | Not recorded | Context |
| Ohio | Not recorded | Context |
| Oklahoma | Not recorded | Context |
| Oregon | 45 days | Context |
| Pennsylvania | Not recorded | Context |
| Rhode Island | 45 days | Context |
| South Carolina | Not recorded | Context |
| South Dakota | Not recorded | Context |
| Tennessee | 45 days | Context |
| Texas | 45 days | Context |
| Utah | 45 days | Context |
| Vermont | Not recorded | Context |
| Virginia | 45 days | Context |
| Washington | Not recorded | Context |
| West Virginia | Not recorded | Context |
| Wisconsin | Not recorded | Context |
| Wyoming | Not recorded | Context |
Sources (50)
California attorney-general source · Texas attorney-general source · Florida attorney-general source · New York attorney-general source · Virginia attorney-general source · Colorado attorney-general source · Illinois attorney-general source · Washington attorney-general source · Connecticut attorney-general source · Oregon attorney-general source · Utah attorney-general source · Pennsylvania attorney-general source · Ohio attorney-general source · Georgia attorney-general source · Massachusetts attorney-general source · New Jersey attorney-general source · Minnesota attorney-general source · Tennessee attorney-general source · Maryland attorney-general source · Delaware attorney-general source · New Hampshire attorney-general source · Indiana attorney-general source · Iowa attorney-general source · Montana attorney-general source · Nebraska attorney-general source · Kentucky attorney-general source · Rhode Island attorney-general source · Arizona attorney-general source · North Carolina attorney-general source · Michigan attorney-general source · Nevada attorney-general source · Vermont attorney-general source · Wisconsin attorney-general source · Missouri attorney-general source · Alabama attorney-general source · South Carolina attorney-general source · Louisiana attorney-general source · Oklahoma attorney-general source · Kansas attorney-general source · Mississippi attorney-general source · Arkansas attorney-general source · West Virginia attorney-general source · Maine attorney-general source · New Mexico attorney-general source · Idaho attorney-general source · Hawaii attorney-general source · Alaska attorney-general source · North Dakota attorney-general source · South Dakota attorney-general source · Wyoming attorney-general source
Checked state pages 2026-10-14