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Delaware’s commitment to data privacy reached a significant milestone when Governor John Carney signed the Delaware Personal Data Privacy Act (DPDPA). This far-reaching data privacy legislation, which was signed into law and is scheduled to become effective on January 1, 2025, positions Delaware among the ranks of states like California, Virginia, Colorado, and Florida, as recognized leaders in data protection.

To ensure a smooth transition into this new era of data privacy, an outreach period aimed at informing customers and businesses will commence no later than July 1, 2024. Owen Lefkon, the Director of the Department of Justice’s Fraud and Consumer Protection Division, emphasized that the DPDPA empowers consumers with choice and places control firmly in their hands. This legislation reflects a progressive approach to data protection, giving individuals greater agency over their personal information.

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Understanding the DPDPA

The DPDPA is designed to empower individuals by giving them greater control over their personal data. To ensure compliance, it is essential to understand the core aspects of the DPDPA:

1. Consumer Rights Under DPDPA:

    • The Right to Access Personal Data: Individuals have the right to access the personal data that organizations collect about them.
    • The Right to Correct Inaccuracies: Consumers can request corrections to their personal data.
    • The Right to Data Deletion: Individuals can request the deletion of their personal data.
    • The Right to Data Portability: Consumers can request their data in a structured and commonly used format.
    • The Right to Opt-Out: Individuals have the right to opt out of the sale of their personal data.
    • The Right to Non-Discrimination: Organizations must not discriminate against individuals for exercising their privacy rights.

2. Defining Personal Data

    • In the context of the DPDPA, personal data includes information that can identify individuals, such as names, addresses, phone numbers, email addresses, and more.

Is the DPDPA Applicable to Your Business?

To ensure compliance with the DPDPA, it is vital to determine whether the law applies to your business:

1. Geographic Scope:

    • Operate in Delaware: The DPDPA applies to businesses that conduct activities within Delaware or provide goods or services to Delaware residents.

2. Data Processing Activities:

    • Processing Personal Data: The DPDPA applies to businesses that collect, process, or control the personal data of Delaware consumers.

Exemptions from the DPDPA

While the DPDPA is comprehensive, some entities may be exempt from its provisions, including:

  1. Small Businesses: The DPDPA may provide limited exemptions for smaller businesses.
  2. Nonprofit Organizations: Certain nonprofit organizations may have exemptions under specific circumstances.

Ensuring Compliance

To ensure compliance with the DPDPA, follow these crucial steps:

  1. Determine Applicability: Assess whether your business falls under the jurisdiction of the DPDPA by evaluating your geographic operations and data processing activities.
  2. Privacy Policy: Develop a comprehensive and easily accessible privacy policy that includes all mandatory elements. Your policy should clearly inform consumers about data collection, processing, and the purposes for which their information is used.
  3. Data Rights: Implement systems that allow consumers to exercise their data rights, including access, correction, deletion, data portability, and opting out of data sales. Ensure your staff is trained to respond promptly to these requests.
  4. Data Mapping and Inventory: Conduct a comprehensive audit of the data you collect and process to identify personal information and ensure it aligns with DPDPA requirements.
  5. Security Measures: Implement appropriate security measures to protect personal data. Regularly assess and enhance your data security protocols to minimize the risk of data breaches.

Looking Ahead

The Delaware Personal Data Privacy Act is set to take effect on [effective date]. To prepare for compliance and ensure your business is well-prepared for the DPDPA, consider the following:

  1. Data Mapping and Inventory: Continually update your data mapping and inventory processes to account for changes in data collection and processing.
  2. Data Breach Response Plan: Maintain a robust data breach response plan to address potential breaches promptly and in compliance with DPDPA notification requirements.
  3. Privacy Policies: Regularly review and update your privacy policies to reflect any changes in data handling practices or DPDPA regulations.
  4. Ongoing Staff Training: Continue to train your employees to ensure they are knowledgeable about the DPDPA and understand the steps required for compliance.

How Can GetTerms Assist You

If your business falls under the jurisdiction of the Delaware Personal Data Privacy Act (DPDPA), it’s crucial to initiate compliance preparations well in advance of the effective date. GetTerms offers a wide range of services to help you efficiently address compliance requirements, including the creation and updating of privacy policies, staff training, and data breach response planning. Take advantage of GetTerms’ services today to ensure ongoing compliance with the DPDPA and other pertinent privacy regulations. We are here to support your journey towards compliance and data protection excellence.


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