In addition, similar to the California Consumer Privacy Act, the DPDPA grants consumers the right to request information about the categories of third parties to whom the consumer’s personal data was disclosed. The act also provides consumers with the right to opt out of targeted advertising, as well as the sale of personal data and profiling based on automated decision-making that produces legal or similarly significant effects concerning such consumer. Similar to other comprehensive state data privacy laws, the DPDPA provides consumers with core data rights for personal data such as the right to access, right to delete and the right to correct. Similarities With Other State Comprehensive Data Privacy Laws Note that the DPDPA does not exclude nonprofit organizations from its scope unless dedicated exclusively to preventing and addressing insurance crime. The DPDPA applies to persons that conduct business in the state of Delaware or produce products or services that target state residents and either (i) control or process the personal data of 35,000 consumers or more (excluding data controlled or processed solely to complete a payment transaction), or (ii) control or process the personal data of 10,000 or more consumers and derives more than 20% of their gross revenue from the sale of personal data. Nevertheless, there are some key differences between the DPDPA and other state data privacy laws that companies and organizations should note, as discussed below. The act, which will go into effect on January 1, 2025, gives consumers similar privacy rights similar to those provided by other comprehensive state data privacy laws, including Virginia’s Consumer Data Protection Act and Connecticut’s Data Privacy Act. On September 11, 2023, Delaware became the 13th state to pass a comprehensive data privacy law when the Delaware Personal Data Privacy Act (DPDPA) was signed into law. California Privacy Protection Agency Discusses Draft Cybersecurity Audit and Risk Assessment Regulations at Public Board Meetingĭelaware Becomes 13th State to Pass Comprehensive Data Privacy Law. District Court Grants in Part and Denies in Part Health Insurance Provider’s Summary Judgment Motion on Plaintiffs’ Claims Arising From Data Breach
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