United States of America: Adopted Delaware Personal Data Privacy Act (HB 154)

On 30 June 2023, the Delaware Personal Data Privacy Act was adopted after being passed in the Senate and the House of Representatives of Delaware. The Act aims to safeguard consumer data rights by providing Delaware residents with several data subject rights, including the ability to view, correct, or request deletion of their personal data held by businesses, as well as to opt out of targeted advertising and profiling. The Act also creates several obligations for data controllers, such as obtaining consent before processing sensitive data and prohibiting profiling or the sale of data of minors. The Act will apply to businesses operating in Delaware that either control or process the personal data of a minimum of 35’ 000 consumers or 10’000 consumers if over 20% of their gross revenue comes from selling personal data. The Act will now be sent to the Governor to be signed into law.