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This bill amends the Delaware Personal Data Privacy Act to limit its applicability to state government entities regarding consumer rights in personal data processing.
If you process personal data for targeted advertising in Delaware, you must allow consumers to opt out by January 1, 2025, or face enforcement actions.
State
Delaware
Bill Number
HB359
Status
Introduced
Risk Level
Medium
Category
Amendment
Effective Date
Jan 1, 2025
Last Action
May 2, 2024
Last Verified
May 1, 2026
Data Updated
May 1, 2026
What do these statuses mean?▼
Introduced— Filed in the legislature; not yet heard in committee
In Committee— Assigned to and being reviewed by a legislative committee
Passed— Approved by one or both chambers; awaiting further action
Signed / Enacted— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed— Vetoed, failed to pass, or session expired without action
Unknown— Status data not yet available or awaiting classification
Affected Industries
Data ManagementData ProcessingTechnologyAdvertisingConsumer ProtectionGovernment
The bill modifies the Delaware Personal Data Privacy Act, focusing on consumer rights to opt out of personal data processing for targeted advertising and automated decisions, specifically applying to state government entities. Compliance will be required by January 1, 2025.
Key Provisions
Limits state government applicability of the Personal Data Privacy Act to consumer rights enforcement.
Allows consumers to opt out of personal data processing for targeted advertising.
Effective date set for January 1, 2025.
Latest Legislative Action
Adopted in lieu of the original bill HB 359, and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
Bill Sponsors (showing 5 of 39)
Name
Role
Bryan W. ShupeR
Primary
Bryant L. RichardsonR
Primary
Charles Potter Jr.
Primary
Deborah Hudson
Primary
Kevin S HensleyR
Primary
Kimberly Williams
Primary
Lyndon D. YearickR
Primary
Michael Ramone
Primary
Nicole PooreD
Primary
Richard G. Collins
Primary
Robert Marshall
Primary
Sean M. LynnD
Primary
Stell Parker Selby
Primary
Brian PettyjohnR
Cosponsor
Bryon H. Short
Cosponsor
Daniel B. Short
Cosponsor
Dave G. LawsonR
Cosponsor
David P. Sokola
Cosponsor
Ernesto B. Lopez
Cosponsor
Gerald L. Brady
Cosponsor
Gerald W. HockerR
Cosponsor
John "Jack" Walsh
Cosponsor
John A. Kowalko
Cosponsor
John L. Mitchell
Cosponsor
Krista GriffithD
Cosponsor
Kyle Evans Gay
Cosponsor
Laura V. SturgeonD
Cosponsor
Madinah Wilson-AntonD
Cosponsor
Michael F. SmithD
Cosponsor
Paul S. Baumbach
Cosponsor
Ronald E. Gray
Cosponsor
Ruth Briggs King
Cosponsor
Sherry Dorsey Walker
Cosponsor
Stephanie L. HansenD
Cosponsor
Stephen Smyk
Cosponsor
Timothy D. Dukes
Cosponsor
Trey ParadeeD
Cosponsor
Valerie Longhurst
Cosponsor
William Bush
Cosponsor
Compliance Checklist
Implement a mechanism for consumers to opt out of personal data processing. Who: Businesses processing personal data for targeted advertising. Deadline: By January 1, 2025. Penalty: Potential enforcement actions by the state.
Full Legal Analysis
This bill amends the applicability of the Delaware Personal Data Privacy Act, specifically limiting the application to state government entities for the enforcement of consumer rights under § 12D-104(a)(6). This section allows consumers to opt out of the processing of their personal data for targeted advertising, the sale of personal data, and profiling that leads to automated decisions with significant effects on consumers. The bill clarifies that while state entities are generally excluded from the Act, they must comply when it comes to enforcing these consumer rights. The effective date for this amendment is set for January 1, 2025. The bill does not specify penalties or enforcement actions for non-compliance. This bill aligns with similar legislative trends in other states focusing on consumer data privacy and automated decision-making.
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