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Delaware Department of Justice
Attorney General
Kathy Jennings

Fraud & Consumer Protection Division



Consumer


Get Ready…

Delaware’s Personal Data Privacy Act starts from

January 1, 2025

Protect Your Personal Information

The Delaware Personal Data Privacy Act gives Delawareans new rights when businesses collect personal information about them. The law goes into effect from January 1, 2025. Read more below to learn about your personal data privacy rights available to you in 2025 and check back for additional updates as we approach January 2025.

 

Your Personal Data, Your Rights

The easiest way to remember your data privacy rights is to keep your data LOCKED

L – Limit the use and sharing of sensitive information collected about you

O – Opt-Out of the sale or targeted advertising

C – Correct inaccurate information

K – Know what personal information is collected and how its used and shared

E – Equal and fair treatment when your personal information is used

D – Delete personal information collected about you

Hands typing on a laptop with a lock representing privacy/security.

 


What is personal data?

 

Name or Nickname

Address

Email Address

Device IDs for your computer, phone, or car

Precise location data

Unique identifier

What is sensitive personal data?

 

Racial or ethnic origin

Religious beliefs

Health information

Sex life and orientation

Transgender or nonbinary

Citizenship and immigration status

 


Limit use of sensitive information about you

  • Businesses collecting sensitive information MUST get your affirmative consent
  • If you give consent, the business must allow you to remove consent just as easily as you gave it.
  • Businesses are prohibited from discriminating against you for exercising your Delaware personal data privacy rights.

Opt out of use of personal information

  • Opt out of the sale of your personal information
  • Opt out of target advertising using your personal information
  • Opt out of some automated decisions

Correct information about you

  • Residents have the right to ask if business has their personal information
  • Delawareans may review that information and may request corrections of that information

Know

Businesses must provide Delawareans a privacy policy that informs them about the personal data collected and how its used.

Privacy policies must inform Delaware residents:

  • About the personal information collected about them
  • Why the information is being collected
  • Who that information is shared with
  • If personal data is sold and how to opt out
  • About residents rights and how to exercise them

Notices Must Be:

  • Easy to understand.
  • Free from legal and technical jargon.
  • Readable (even on a smaller screen).
  • Available in the languages in which you provide other information, such as contracts or sales announcements.
  • Reasonably accessible to consumers with disabilities.

Equal and Fair Treatment

Businesses may not use your personal information for illegal discrimination. They also cannot discriminate against you for exercising your personal data privacy rights.

Delete Your Personal Data

Companies covered by the DPDP Act must delete your personal data when requested. And if they don’t, they must tell you how to appeal that decision.




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