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ARTICLE · 16 MAY 2024

Delaware Data Protection Act: What Businesses Need To Know

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In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas.

United StatesPrivacy
Natasha Kohne
Natasha Kohne
Michelle Reed
Michelle Reed
Rachel Kurzweil
Rachel Kurzweil
Joseph Hold
Joseph Hold
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In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will go into effect on January 1, 2025.

Key Provisions

  • Controller Requirements – obligations for controllers include: data minimization, data security, opt in consent for sensitive data, nondiscrimination, privacy notices, agreements with processors and data protection assessments.
  • Processor Requirements – obligations for processors include: ensuring a duty of confidentiality for each person processing data, contracts with controllers, assisting controllers with consumer rights requests, data security, deleting or returning personal data after provision of services and conducting data protection assessments.

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