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February 16, 2025

Delaware's New Data Privacy Law Transforms Breach Management and Enforcement

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Contributed by: Drex DeFord
Summary
The Delaware Personal Data Privacy Act (DPDPA) introduces significant changes in data breach management, requiring organizations to face scrutiny from the Attorney General's office after reporting a breach. Companies have the opportunity to mend their errors within a designated "right to cure" period, potentially avoiding penalties if they can demonstrate corrective actions. As states increasingly adopt data privacy laws—now totaling twenty—enforcement varies widely, with states like Texas pursuing geolocation data compliance and New York focusing on financial services. In Delaware, the emphasis will be on addressing the misuse of personal data, supported by enhanced funding for regulatory oversight.

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