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Delaware Personal Data Privacy Act

Delaware privacy law (DPDPA): consumer rights

Law as of October 28, 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026

Summary (not the statute text)

Consumers may confirm and access, correct, delete, obtain a portable copy, obtain a list of the categories of third parties that received their data, and opt out of targeted advertising, sale and solely automated profiling with significant effects. Controllers must answer within 45 days, extendable once by 45 days, and decide appeals within 60 days. From 1 Jan 2027 access covers inferences and whether profiling is used for significant decisions, and the third-party list must name specific third parties.

Key points

  1. Rights: confirm and access, correct, delete, portable copy, list of categories of third parties that received the data, and opt-outs of targeted advertising, sale and profiling.

    Section: § 12D-104(a)(1)-(6)

  2. Respond within 45 days; one extension of 45 days if reasonably necessary, notified within the first 45 days with reasons.

    Section: § 12D-104(c)(1)

  3. Information is free once per consumer in any 12-month period.

    Section: § 12D-104(c)(3)

  4. Appeals must be decided in writing within 60 days; if denied, the consumer must be told how to complain to the Department of Justice.

    Section: § 12D-104(d)

  5. From 1 Jan 2027: access includes inferences derived from personal data and whether data is used for profiling to make significant decisions.

    Section: § 12D-104(a)(1) (eff. Jan. 1, 2027)

  6. From 1 Jan 2027: the consumer may obtain a list of the specific third parties that received the data, subject to limited exceptions.

    Section: § 12D-104(a)(5) (eff. Jan. 1, 2027)

  7. Authorized agents may exercise opt-out rights for the consumer.

    Section: § 12D-104(b); § 12D-105

Sources

Compare consumer rights across all states

Related GDPR articles

Related, not equivalent: the GDPR and the state laws differ in scope, terms and exceptions.

Law as of October 28, 2026.

Reviewed by Sergio Maldonado Elvira on 29 October 2026. Prepared from the official sources listed.

Official text of the Delaware statute

Reference material, not legal advice.