And Then There Were 12

Hello all, and happy Thursday!  

Delaware has officially become the 12th jurisdiction in the U.S. to enact a data privacy law. The Delaware Personal Data Privacy Act (DPDPA) resembles most other state privacy laws. However, as is always the case, the DPDPA has its own peculiarities. 

For one, it defines “children” as individuals under 18 years of age, which is much older than other laws’ definitions. The DPDPA prohibits businesses from processing children’s personal data for targeted advertising or selling their personal data (unless the consumer is at least 13 years old and opts in). 

The law also has lower threshold requirements compared to other state privacy laws. The DPDPA applies to entities that do business in Delaware or that:  

• Control or process the personal data of more than 35,000 consumers,

• Control or process the personal data of more than 10,000 consumers and derive more than 20% of their revenue from the sale of this data. 

For most other laws with threshold requirements, these figures are much higher.  

Given that many, many businesses are incorporated in Delaware, this new law might raise some alarm bells. Remember; being based out of a jurisdiction is not the same as “doing business” in that jurisdiction, so the DPDPA may not apply. Still, it seems like some portion of the many businesses incorporated in Delaware will be subject to this law. As always, we recommend consulting with your legal counsel first and foremost. 

Best, 

Arlo 

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