74%
of Delaware's 19 requirements are already met by California (CA). Here is what DPDPA adds, biggest gaps first.
ThresholdsWho it coversBig gap
CA0 For-profit businesses with gross revenue over $26,625,000 (2025 adjusted), or buying/selling/sharing data of 100,000+ consumers or households, or 50%+ revenue from selling/sharing.
DPDPA adds2 35,000 consumers, or 10,000 consumers plus over 20% of gross revenue from sales; payment-only data excluded.
6 Del. C. § 12D-103(a) · source ↗
Sensitive dataSensitive data and minorsBig gap
CA0 Broad sensitive personal information list, including neural data, IDs and financial log-ins; consumers get a right to limit use rather than opt-in consent.
DPDPA adds2 Opt-in consent; categories include transgender or nonbinary status, sex life, and citizenship status.
6 Del. C. §§ 12D-102, 12D-106 · source ↗
AppealsConsumers' rightsBig gap
CA0 No statutory appeal process for denied requests.
DPDPA adds2 Internal appeal decided in writing within 60 days; denial must give a way to contact the Department of Justice.
6 Del. C. § 12D-104(d) · source ↗
Children and teensSensitive data and minorsGap
CA2 Opt-in consent needed to sell or share data of consumers under 16: parental consent under 13, the teen's own consent for ages 13 to 15.
DPDPA adds3 Under 13: parental consent (COPPA). Ages 13 to 17: consent required for targeted ads, sale and profiling with actual knowledge or willful disregard.
6 Del. C. §§ 12D-103(d), 12D-106 · source ↗
De-identified dataBusiness dutiesGap
CA2 Deidentified data requires reasonable measures, a public commitment not to reidentify, and contract flow-down to recipients.
DPDPA adds3 Public no-reidentification commitment and contract duties for deidentified data; pseudonymous data exempt from rights with separation; oversight duty.
6 Del. C. §§ 12D-102, 12D-109 · source ↗
Already covered by CA: Exemptions, Data minimization, Rights, Request deadline, Universal opt-out, Assessments, Processor contracts, Privacy notice, Loyalty programs, Who enforces, Cure period, Maximum penalty, Private action, Rulemaking.
A gap means DPDPA is more demanding than CA on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.
