Delaware has become the 13th state to join the growing roster of jurisdictions in the United States that have enacted legislation protecting consumer privacy rights. Governor John Carney signed the Delaware Personal Data Privacy Act (DPDPA) into law on September 11, 2023, marking another important milestone in the evolution of privacy law in the U.S.
The DPDPA closely mirrors the existing laws in Connecticut and Virginia, which appear to be establishing a model for other states to follow in the crafting of their own privacy laws. Given the global importance of the digital economy, this growing trend towards stronger protection of consumer data rights is something that businesses and their legal advisors should monitor closely.
However, within the DPDPA there are specific nuances which set it apart from its predecessor laws. These nuances mean that businesses subject to the DPDPA will inevitably need to adjust their data handling practices.
According to McDermott Will & Emery, the multinational law firm that provided analysis of the new law, there are significant implications for businesses operating in, or dealing with consumers in, the state of Delaware. As privacy laws continue to evolve across the United States, the implementation of the DPDPA illustrates the growing momentum towards a more comprehensive approach to safeguarding consumer data.
In conclusion, the advent of the DPDPA provides another clear sign that states are recognizing the importance of strong legislation to protect consumer data. It underlines a steady shift towards greater privacy protections for citizens across the U.S, a trend that looks set to continue for the foreseeable future.