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ARTICLE · 13 JULY 2023

Now There's A Dozen: Delaware Legislature Passes Consumer Data Privacy Bill

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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On June 30, 2023, the Delaware legislature passed the Delaware Personal Data Privacy Act (HB154) ("DPDPA").

United StatesPrivacy

On June 30, 2023, the Delaware legislature passed the Delaware Personal Data Privacy Act (HB154) ("DPDPA"). Once Governor John Carney signs DPDPA, which he's expected to do, Delaware will become the twelfth state (and seventh in 2023 alone) to enact a comprehensive consumer data privacy law. If DPDPA is enacted on or before January 1, 2024, its requirements will take effect on January 1, 2025. While DPDPA closely resembles last year's Connecticut Data Privacy Act (CTDPA), there are some notable differences stakeholders should be aware of before 2025.

(1) Low Applicability Threshold

Like Connecticut, Virginia, Iowa, and other states, DPDPA applies based on the number of consumers whose data a business collects. However, DPDPA lowers the typical 100,000 consumer threshold to only 35,000 consumers. Delaware has the smallest state population of any state that has yet to enact a consumer data privacy law, so this lower threshold likely reflects Delaware's smaller

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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