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Delaware Personal Data Privacy Act (DPDPA)

Last Updated on novembro 26, 2024

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The Delaware Personal Data Privacy Act (DPDPA) was approved by the General Assembly on June 30, 2023, and signed into law by Governor John Carney on September 11, 2023. The DPDPA will take effect on January 1, 2025. The DPDPA introduces comprehensive data privacy protections for Delaware residents.

The DPDPA applies to businesses operating in Delaware or targeting its residents that, in the prior year, either controlled or processed the personal data of at least 35,000 consumers (excluding data used solely for payment transactions) or controlled or processed the personal data of at least 10,000 consumers while deriving more than 20% of their gross revenue from the sale of personal data.

The DPDPA aims to enhance consumer control over personal data by empowering them with the right to confirm, correct, delete, obtain a copy, and opt-out of processing. It imposes obligations on businesses such as obtaining consent before processing sensitive data, ensuring data minimization and purpose limitation, privacy notice, opt-out, security, and non-discrimination requirements, and conducting data protection assessments.


The Solution

Securiti enables organizations to comply with the Delaware Personal Data Privacy Act (DPDPA) through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.

Securiti supports enterprises in their journey toward compliance with the Delaware Personal Data Privacy Act (DPDPA) through automation, enhanced data visibility, and identity linking.

The European Union’s Data Act

Readiness Assessment

DPDPA Provisions

Use our collaborative, multi-regulation readiness assessment system to measure your organization's posture against DPDPA requirements, identify gaps, and address compliance risks.

Readiness Assessment
Auto Compliance Management

Auto Compliance Management

DPDPA Provisions

Automate compliance with DPDPA using Securiti common controls and tests.

Privacy Notice Management

Section(s): 12D-106(c)

Automatically update and refresh your privacy policies and notices. Build and publish a privacy notice with pre-built templates in compliance with the DPDPA.

Privacy Notice Management
Universal Consent Management

Universal Consent Management

Section(s): 12D-106(a)(2), 12D-106(a)(4), 12D-106(a)(7)

The central dashboard allows you to monitor consent for various data processing activities and track consent revocation to prevent the processing or transfer of data without consent.

Cookie Consent Management

Section(s): 12D-106(a)(2), 12D-106(a)(4), 12D-106(a)(6), 12D-106(a)(7)

Scan websites to classify cookies, deploy customized consent collection points, and link consent to user identities and personal data categories collected from end points.

Cookie Consent Management
Sensitive Data Intelligence

Sensitive Data Intelligence

Section(s): 12D-102(30), 2D-106(a)(4)

Discover personal data and sensitive data stored across all systems within the organization and link it to unique data subjects. Visualize personal data sprawl and identify compliance risks.

Data Mapping Automation

Section(s): 12D-106(a)(1), 12D-106(a)(2)

Trace data flow across your systems, catalog data collection and transfer, and document business process flows internally and to the processors.

Data Mapping Automation
Data Subject Rights Fulfillments

Data Subject Rights Fulfillments

Section(s): 12D-104

Create customized web forms and accept verified DSR requests. In compliance with the DPDPA, automate the initiation of the access, correction, deletion, portability, and opt-out request fulfillment workflows.

Data Breach Management

Section(s): 12D-107(a)(2), Del. Code Ann. tit. 6 § 12B-102

Track and manage potential incidents and data breaches with automated notification guidance based on global regulatory requirements.

Data Breach Management
Data Protection Assessment Automation

Data Protection Assessment Automation

Section(s): 12D-108

Initiate Data Protection Assessments (DPAs) using compliance templates, invite stakeholders to contribute and review responses, track progress in real-time, and share approved assessments with third parties.

Vendor Assessments

Section(s): 12D-107(b), 12D-107(a)(3)

You can monitor privacy and security readiness from a single interface for all your service providers. You can also collaborate instantly with processors and manage all processor agreements and compliance documents.

Vendor Assessments
Data Security Posture Management

Data Security Posture Management

Section(s): 12D-106(a)(3)

Discover and auto-remediate security misconfigurations in SaaS and IaaS data systems using a library of rules based on vendor recommendations, industry standards, and best practices.

Key Facts about the Delaware Personal Data Privacy Act (DPDPA)

1

The DPDPA was signed into law on September 11, 2023, effective January 1, 2025.

2

The DPDPA applies to businesses in Delaware or targeting its residents that, in the prior year, processed personal data of not less than 35,000 consumers (excluding payment data) or processed not less than 10,000 consumers while earning over 20% of their gross revenue from the sale of personal data.

3

The DPDPA provides consumers multiple rights, such as the right to access, correct, delete, obtain a copy, know, and opt-out of processing.

4

Businesses must obtain consent, ensure data minimization and purpose limitation, provide privacy notice, opt-out, security, and non-discrimination requirements, and conduct data protection assessments.

5

The DPDPA empowers the Department of Justice (DOJ) with the enforcement authority to investigate and prosecute violations.

6

Before bringing an action, if the violation can be cured, the DOJ must provide a 60-day cure period to the controller. If the violation remains uncured after this cure period, the DOJ may bring an enforcement action against the controller.

7

The provision related to the cure period would sunset on December 31, 2025. Beginning January 1, 2026, the Delaware Department of Justice may have the discretion to provide an opportunity to cure an alleged violation.

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