Tighter AI and Profiling Rules for Employers in Delaware
Rules regarding artificial intelligence and automated decision-making covering job seekers, employees, and independent contractors in Delaware have been updated.
Governor Matt Meyer signed amendments to the Delaware Personal Data Privacy Act on September 2, 2026. Taking effect on January 1, 2027, the new regulations limit profiling and automated decision-making processes based on the personal data of job applicants, employees, and independent contractors.
These amendments to the Delaware Personal Data Privacy Act, which originally took effect on January 1, 2025, introduce new obligations in the fields of hiring and employment. Non-compliance with the law could result in civil penalties of up to $10,000 per violation.
Starting January 1, 2027, consumer threshold numbers for regulatory scope will decrease. Additionally, the regulations expand the scope of protection by introducing impact assessment obligations for data controllers processing high-risk personal data.