By Scott Hall and Meaghan Henderson
On September 2, 2026, Delaware amended its comprehensive privacy law, the Delaware Personal Information Privacy Act (DPDPA), by signing House Bill 380 (HB 380) into law. HB 380, which goes into effect on January 1, 2027, marks the most significant revision to the DPDPA since its enactment in 2023.
HB 380 lowers the law’s applicability thresholds, narrows certain exemptions, creates new obligations for businesses that receive personal information from covered companies, and expands requirements governing sensitive information, profiling, and automated decision-making.
Businesses that previously determined the DPDPA did not apply, as well as businesses with existing Delaware privacy programs, should review their practices to determine whether the amended law changes their obligations.
HB 380 substantially lowers the DPDPA’s applicability thresholds:
HB 380 narrows certain exemptions, including:
Businesses that previously relied on an entity-level exemption should confirm that the exemption continues to apply after January 1, 2027.
HB 380 expands the definition of sensitive data to include the following categories, bringing it closer to the CCPA’s definition of sensitive personal information:
Controllers must obtain consent before processing sensitive information, and the processing must be reasonably necessary and proportionate to the purposes disclosed to the consumer.
Sales of sensitive data are also subject to additional restrictions. A permitted sale must be strictly necessary to provide or maintain a product or service requested by the consumer, and the controller must provide clear and conspicuous notice, obtain express consent, and maintain a record of that consent for five years.
HB 380 adds requirements for businesses that disclose personal information to third parties:
Businesses should review vendor-management and contracting processes for relationships involving disclosures of personal information to third parties.
HB 380 expands requirements for profiling and automated decision-making:
These provisions may be relevant to businesses using AI or other automated tools in employment, financial services, insurance, housing, and other contexts involving significant decisions about individuals.
HB 380:
The profiling assessment must address, among other things, intended use, foreseeable harms and mitigation, data inputs and outputs, performance and transparency, post-deployment monitoring, and safeguards.
Businesses already conducting privacy or AI impact assessments under other state laws should determine whether those processes can be adapted to address Delaware’s requirements.
HB 380 makes several additional changes, including:
Businesses operating in Delaware or processing Delaware residents’ personal information can use the remainder of 2026 to:
If your company needs assistance with any privacy issues, Coblentz Data Privacy & Cybersecurity attorneys can help. Please contact Scott Hall at shall@coblentzlaw.com for further information or assistance.