Delaware Personal Data Privacy Act (DPDPA)

The Delaware Personal Data Privacy Act (DPDPA) is a U.S. state privacy law that came into effect on January 1, 2025. It is part of a broader development of state-level privacy laws in the United States regulating how organizations collect and use personal data.

The law is notable for its relatively broad scope, including its application to nonprofit organizations.

Who does the DPDPA apply to?

The DPDPA applies to organizations that conduct business in Delaware or target Delaware residents and meet certain thresholds related to the processing of personal data or revenue derived from such data.

Unlike many other U.S. state privacy laws, the DPDPA also applies to nonprofit organizations and higher education institutions.

What data is covered?

The law applies to personal data that is linked or reasonably linkable to an identifiable individual.

Additional requirements apply to sensitive personal data, such as health data, biometric or genetic data, precise geolocation, and data related to sexual orientation or gender identity. Processing of such data requires prior consent.

Consumer rights

Under the DPDPA, Delaware residents have the right to access, correct, and delete their personal data, as well as to obtain a copy of that data and to object to certain types of processing, including targeted advertising and the sale of personal data.

Organizations are required to respond to such requests within 45 days.

What does this mean for your consent setup?

To support the requirements of the DPDPA, a consent solution should enable users to exercise their choices, including opting out of certain processing activities and providing consent where required, particularly for sensitive data. It should also provide clear information about data processing and support mechanisms such as Global Privacy Control signals where applicable.

How Cookiebot supports DPDPA

Cookiebot provides an out-of-the-box DPDPA preset. This template supports the implementation of consent mechanisms aligned with the requirements of the law and enables the collection and documentation of user consent.

Getting started

To use the DPDPA template, create a new legislation preset, select DPDPA, and adjust the settings as needed.

This article is for informational purposes only and does not constitute legal advice.