Delaware Becomes 12th State To Enact A Comprehensive Data Privacy Law

On September 11, 2023, Delaware Governor John Carney signed House Bill No. 154, referred to as the Delaware Personal Data Privacy Act ("DPDPA"), making Delaware the 12th state to enact a comprehensive data privacy law along with California, Virginia, Colorado, Utah, Connecticut, Iowa, Indiana, Tennessee, Montana, Texas, and Oregon. The law becomes effective on January 1, 2025.

Notable provisions include:

• The DPDPA will apply to entities that conduct business in Delaware or target products or services to Delaware consumers, and either: (i) control or process personal data of at least 35,000 Delaware consumers; or (ii) control or process the personal data of at least 10,000 Delaware consumers and derive more than 20% of gross revenue from its sale.