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Delaware's privacy law covers more businesses in 2027

For businesses with Delaware customers. On Jan 1, 2027, the line drops from 35,000 to 10,000 people.

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What changes on January 1, 2027

Today (until Dec 31, 2026)35,000Delaware residents' data
From Jan 1, 202710,000Delaware residents' data

Source: Delaware Code Title 6, Chapter 12D, § 12D-103 (version effective Jan. 1, 2027), delcode.delaware.gov. Last checked: October 23, 2026.

The check (no name or email)

1. Do you do business in Delaware, or offer products or services aimed at people who live in Delaware?
2. Could your organization be one of these types?

The law lists these types separately (§ 12D-103(b)). Each one has extra conditions, so if you pick one, your result will say a lawyer needs to confirm it. Most nonprofits are not on this list.

3A. In all of 2026, about how many different Delaware residents did you hold or use personal data about? Leave out people whose data you used only to take a payment.

Count people, not orders or list rows. Think customer lists, email lists, loyalty programs and online accounts. People you dealt with only in their work role or as employees don't count (§ 12D-102(9)). If you're not sure what to leave out, choose "I don't know".

3B. Same count again, but this time keep in the people whose data you used only to take a payment. About how many is that for all of 2026?

This count is for the law's "selling data" line (§ 12D-103(a)(2)), which doesn't say to leave out payment-only data. It should be the same as 3A or higher. The other people-who-don't-count rules still apply; if you're unsure, choose "Not sure".

4. In 2026, did more than 20% of your total (gross) revenue come from selling personal data?

Exactly 20% doesn't count; it has to be more. Some sharing isn't a "sale" under the law, for example giving data to a company that processes it for you, or to a company in your own group. There are other exceptions too (§ 12D-102(32)). If you haven't checked these, choose "Not sure".

5. In 2026, did you get personal data from another business that collected it and decides how it's used? (The law calls that business a "controller". Examples: buying or renting a list, or receiving shared customer data.)
5A. If you answered yes to 5: in what role did you get that data?

The law's new third line covers "third parties" that get data from a controller (§ 12D-102(37)). Getting data only as a service provider working for that business, or only within your own group of companies (shared brand or control, § 12D-102(2)), may not count. There is also an exception tied to the listed organization types. Your answer should cover all the data you got in 2026. If it was a mix, or you haven't checked, choose "Not sure".

Year check: are your answers above for the whole of 2026 (January to December)?

The 2027 rules look at your numbers for all of 2026. 2026 isn't over yet, so if your answers cover only part of the year or are an estimate, choose "No" and the result will say it can't decide yet.

Optional: where are most of your customers?

Helps us learn who this page is useful for.

Please answer questions 1 to 5, both counts (3A and 3B), and the year check.

When you press the button, your multiple-choice answers and the result type are sent anonymously (no name, no email, nothing typed) so we can count how often the check is used. These are counts of checks, not of people. No cookies, no ad trackers.

Your result

Statutory branchUntil Dec 31, 2026 (reference only)From Jan 1, 2027Your answer

This is not a ruling on your business. It only compares your answers with the law's text. Some data is exempt (for example HIPAA health information, FERPA student records, FCRA and Gramm-Leach-Bliley data; see § 12D-103(c)). Confirm with a lawyer before you rely on it.

Want the full checklist? Pre-order free.

The Delaware 2027 Privacy Checklist ($39) is a plain list of what the law says, quoted with section numbers: the three coverage lines, the exemptions, consumer rights, privacy notice contents, opt-outs, sensitive data consent, and the dates. It is a reading aid, not advice on what your business should do.

Pre-order — $0 today

Prefer just the free one-page summary? Use the same form and choose "free summary only".

Sources

Enforcement: the Delaware Department of Justice enforces the law; there is no private right to sue under it (§ 12D-111).