The Delaware Personal Data Privacy Act (DPDPA) grants consumers rights concerning their personal data. One such right is the right to opt-out of the sale of personal data. The DPDPA defines “sale” broadly to include any exchange of personal data for monetary or other valuable consideration. However, the Act provides exceptions to this definition. Specifically, the DPDPA clarifies that the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer, or for processing that is reasonably incident to providing that product or service, is not considered a sale. Additionally, the disclosure of personal data to a third party for the purpose of facilitating a communication or transaction initiated by the consumer is also excluded from the definition of sale. Therefore, when a company shares data with a payment processor solely to complete a transaction initiated by a consumer, this action falls under an exception and is not classified as a sale under the DPDPA, meaning the consumer’s right to opt-out of sale does not apply to this specific disclosure. The core concept tested here is the nuanced definition of “sale” within the DPDPA and its specific exclusions, requiring an understanding of when data sharing is considered a commercial transaction versus a necessary step in fulfilling a consumer’s request. This distinction is crucial for businesses to accurately implement opt-out mechanisms and comply with the law.

The Delaware Personal Data Privacy Act (DPDPA) defines a “controller” as a natural person or legal entity that alone or jointly with others determines the purposes and means of processing personal data. A “processor” is a natural person or legal entity that processes personal data on behalf of a controller. The Act also outlines specific exemptions. For instance, it does not apply to data processed by a controller that meets certain thresholds related to annual gross revenue and the volume of personal data processed, or to specific types of entities like financial institutions subject to other federal laws, or to data processed for public health activities. When considering whether an entity falls under the scope of the DPDPA, one must assess its role in the data processing ecosystem and whether it meets the statutory definitions of controller or processor, while also considering any applicable exemptions. The scenario presented involves an entity that collects and processes personal data for its own business purposes, such as marketing and customer relationship management, and also engages a third-party service provider to host and manage its customer database. This entity is making decisions about what data to collect, why it is collected, and how it is used, which aligns with the definition of a controller. The third-party service provider, in this case, is acting on behalf of the primary entity, processing data as directed by that entity, thus fitting the definition of a processor. Therefore, the entity that determines the purposes and means of processing is the controller, and the service provider is the processor.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data and the processing of personal data for targeted advertising or profiling. A controller must honor an opt-out request within 15 days of receiving it, with a possible extension of an additional 15 days if reasonably necessary. This period is calculated from the date the controller receives the request. For instance, if a request is received on October 1st, the initial deadline is October 16th. If an extension is taken, the final deadline would be October 31st. The DPDPA, like many comprehensive privacy laws in the United States, emphasizes the controller’s responsibility to implement effective mechanisms for consumers to exercise their rights and to respond to such requests within specified timeframes. This includes the technical implementation of opt-out mechanisms and the internal processes for managing and fulfilling these requests promptly. The law aims to provide consumers with control over their personal information and to ensure transparency in how data is collected, processed, and shared.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers specific rights regarding their personal data. One of these rights is the right to opt-out of the sale of personal data, targeted advertising, and certain profiling activities. When a controller receives a request to opt-out of the sale of personal data, they must honor this request. The DPDPA defines “sale” broadly to include the exchange of personal data for monetary or other valuable consideration. The act also specifies a timeframe for responding to consumer requests. Controllers must respond to consumer requests, other than those to opt-out of sale, targeted advertising, or profiling, within 45 days of receiving the request. This period can be extended by an additional 45 days when reasonably necessary, provided the controller informs the consumer of the extension and the reasons for it within the initial 45-day period. For opt-out requests specifically, the controller must act “without undue delay” and in any event, not later than 15 business days after receiving the request. This 15-day timeframe is crucial for opt-out mechanisms related to sale, targeted advertising, and profiling. Therefore, if a consumer in Delaware requests to opt-out of the sale of their personal data, the controller must cease selling that data within 15 business days of receiving the request.

The Delaware Personal Data Privacy Act (DPDPA) defines a “controller” as a natural person or legal entity that alone or jointly with others determines the purposes and means of processing personal data. A “processor” is a natural person or legal entity that processes personal data on behalf of a controller. The DPDPA outlines specific obligations for controllers, including conducting Data Protection Assessments (DPAs) for certain high-risk processing activities. A DPA is required for processing that involves personal data of consumers under 18, or processing that involves sensitive data, or processing that involves profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers. The Act also grants consumers rights, such as the right to access, correct, delete, and opt-out of the sale of personal data, and the right to opt-out of targeted advertising and profiling. The threshold for applicability is based on a business’s engagement in the processing of personal data of Delaware residents and meeting certain revenue or data processing volume thresholds, specifically processing the personal data of at least 35,000 Delaware consumers, or processing the personal data of at least 10,000 Delaware consumers and deriving more than 25% of gross revenue from the sale of personal data. The DPDPA does not impose a requirement for a controller to conduct a DPA for processing personal data solely for the purpose of preventing, investigating, or prosecuting criminal offenses or fraud. Therefore, a business processing personal data solely to detect and prevent fraudulent transactions, without engaging in other regulated activities, would not be mandated to conduct a DPA under the DPDPA.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects. A controller must honor an opt-out request for targeted advertising and the sale of personal data. When a consumer exercises their right to opt-out of these activities, the controller must cease processing the personal data for those specific purposes. This cessation of processing is not a complete deletion of the data, but rather a modification of how the data is used. The law requires the controller to provide a mechanism for consumers to opt-out and to respond to these requests within a specified timeframe, typically 45 days, which can be extended by another 45 days if reasonably necessary. The core principle is that the consumer’s consent, or lack thereof as expressed through an opt-out, dictates the permissible processing activities. Therefore, upon receiving a valid opt-out request concerning targeted advertising and sale of personal data, the controller must cease engaging in those specific processing activities for that consumer’s data.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling. When a consumer exercises this right, a controller must cease processing their personal data for these specific purposes. The DPDPA does not mandate a specific timeframe for controllers to update their systems or cease processing for these purposes, but a reasonable period is implied by the law’s intent to protect consumer privacy. The law also specifies that controllers must provide clear and conspicuous notice of their data processing activities and allow consumers to exercise their rights. A controller must honor an opt-out request within a reasonable period, which is generally understood to be no later than 15 business days after receiving the request, as per common industry standards and similar privacy regulations. This period allows for technical implementation and verification of the opt-out. The controller must also confirm the opt-out request has been honored. The law requires controllers to establish a process for consumers to submit opt-out requests and for the controller to respond to those requests. This includes the ability to opt-out of the sale of personal data and targeted advertising. The controller must respond to consumer requests within 45 days, with a possible extension of an additional 45 days if reasonably necessary, provided the consumer is informed of the extension and its reasons.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt out of the sale of personal data, targeted advertising, and certain profiling activities. When a controller receives a request to opt out of the sale of personal data, they must comply within 45 days of receiving the request. This period can be extended by an additional 45 days if reasonably necessary, provided the controller informs the consumer of such an extension within the initial 45-day period. The DPDPA does not mandate a specific calculation for determining the “sale” of personal data, but rather focuses on the exchange of personal data for monetary or other valuable consideration, excluding certain lawful uses and disclosures. The key is whether the controller’s actions constitute a “sale” as defined by the statute, which involves sharing personal data for purposes such as cross-context behavioral advertising or other purposes that provide a benefit to the controller beyond the mere provision of the service to the consumer. The question tests the understanding of the opt-out mechanism and the timeframe for compliance, emphasizing the controller’s obligation to cease the “sale” of personal data upon receiving a valid request. The initial 45-day period for compliance, with a possible extension of another 45 days under specific conditions, is a core procedural requirement for controllers.

The Delaware Personal Data Privacy Act (DPDPA) establishes consumer rights regarding personal data. One such right is the right to opt-out of the sale of personal data. The DPDPA defines “sale” broadly to include the exchange of personal data for monetary or other valuable consideration. However, the Act also provides exemptions. Specifically, the DPDPA exempts disclosures of personal data to a controller that processes the personal data on behalf of the controller, provided that the controller is not using the personal data for its own separate purposes. This is often referred to as processing by a “processor” or “service provider.” The key distinction lies in whether the recipient is acting as an independent controller or merely as an agent for the original controller. In the scenario presented, the Delaware-based retail company is disclosing customer data to a third-party analytics firm. The critical factor is the purpose of this disclosure. If the analytics firm is using the data solely to provide insights and services back to the retail company, and not for its own independent marketing or other purposes, then this disclosure would not be considered a “sale” under the DPDPA. This is because the analytics firm would be acting as a processor or service provider, processing the data on behalf of the retail company, and the consideration exchanged would be for the service provided, not for the data itself as an independent commodity. Therefore, the company would not be obligated to provide an opt-out mechanism for this specific type of disclosure.

The Delaware Personal Data Privacy Act (DPDPA) establishes specific rights for consumers regarding their personal data. One of these rights is the right to opt-out of the sale of personal data, targeted advertising, and certain types of profiling. When a consumer exercises this opt-out right, the controller must honor that request. The DPDPA defines “sale” broadly to include exchanges of personal data for monetary or other valuable consideration. It also specifies requirements for how opt-out mechanisms should be presented to consumers, particularly for targeted advertising. If a controller fails to honor a valid opt-out request, they are in violation of the DPDPA. The question asks about the controller’s obligation upon receiving a request to opt-out of the sale of personal data. The DPDPA mandates that upon receiving such a request, the controller must cease selling the consumer’s personal data. There is no provision for the controller to ask for additional information to verify the request beyond what is reasonably necessary to identify the consumer and their opt-out preference, nor is there a requirement to provide a direct financial incentive to encourage the consumer to opt-in. The obligation is to comply with the opt-out.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling. When a controller receives an opt-out request, they must honor it without undue delay, and no later than 45 days after the request. This period can be extended by another 45 days if reasonably necessary, provided the controller informs the consumer of the extension within the initial 45-day period. The law emphasizes that controllers must establish a process for consumers to submit opt-out requests and for the controller to respond. This process should be clear and accessible. The core principle is that once a consumer has opted out of certain data processing activities, the controller must cease those activities for that consumer’s data. This includes not selling their personal data, not using it for targeted advertising, and not engaging in profiling that produces legal or similarly significant effects. The DPDPA does not mandate a specific calculation for determining the “undue delay” beyond the 45-day timeframe, but rather a reasonable and timely response. Therefore, the most accurate interpretation is that the controller must cease the processing activities upon receiving a valid opt-out request, and the 45-day period is the maximum allowed to implement this cessation, with a possible extension under specific conditions. The law does not provide a grace period for continuing processing after an opt-out request is received; the cessation should commence promptly and be fully effective within the statutory timeframe.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers specific rights regarding their personal data. One of these rights is the right to opt-out of the sale of personal data, as well as the right to opt-out of targeted advertising and profiling. A “sale” of personal data under the DPDPA is broadly defined as the exchange of personal data for monetary or other valuable consideration, but importantly, it excludes certain disclosures, such as disclosures to processors acting on behalf of the controller, disclosures required by law, or disclosures to affiliates. Furthermore, the DPDPA requires controllers to provide clear and conspicuous notice about the sale of personal data and the opt-out mechanisms. When a consumer exercises their opt-out right, the controller must honor that request. The question asks about the specific right that allows a consumer to prevent their data from being processed for targeted advertising. This directly aligns with the right to opt-out of targeted advertising, which is a distinct right provided under the DPDPA, separate from the right to opt-out of sale or profiling, although these rights are often interconnected in practice. The DPDPA’s framework emphasizes consumer control over how their data is used, especially in contexts like targeted advertising which can be perceived as intrusive.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt out of the sale of personal data, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects. When a controller receives a request to opt out of sale or targeted advertising, they must act on it within 45 days, with a possible extension of another 45 days if reasonably necessary. The controller must notify the consumer of the action taken or the reason for refusal within that timeframe. The DPDPA defines “sale” broadly to include exchanges for monetary or other valuable consideration. It also specifies that controllers must provide a clear and conspicuous notice at least once annually regarding their practices related to the sale of personal data and targeted advertising, and how consumers can exercise their opt-out rights. This includes providing a mechanism for consumers to opt out of the sale of personal data and targeted advertising. The law also requires controllers to establish a process to recognize and respond to universal opt-out mechanisms that meet specific requirements. This is a proactive obligation to respect consumer choices communicated through such mechanisms.

The Delaware Personal Data Privacy Act (DPDPA) defines a “controller” as a natural person or legal entity that alone or jointly with others determines the purposes and means of processing personal data. A “processor” is defined as a natural person or legal entity that processes personal data on behalf of a controller. The Act specifies that a controller is responsible for fulfilling consumer rights requests. When a controller engages a processor to perform specific processing activities on its behalf, the controller retains primary responsibility for ensuring that the processing aligns with the consumer’s rights as outlined in the DPDPA. The processor’s role is to act according to the controller’s instructions. Therefore, if a consumer submits a request to delete their personal data, it is the controller, not the processor, who is directly obligated to respond to and fulfill that request, although the controller may contractually require the processor to assist in this fulfillment. The DPDPA places the direct legal obligation for responding to consumer rights requests on the entity that determines the purposes and means of processing, which is the controller.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling for decisions with legal or similarly significant effects. When a controller receives a request to opt-out of targeted advertising or the sale of personal data, they must act on it without undue delay, and in any event, within at least forty-five (45) days of receiving the request. This period can be extended by an additional forty-five (45) days when reasonably necessary, provided the controller informs the consumer of any such extension within the initial forty-five-day period, along with the reason for the delay. The DPDPA’s framework for responding to consumer rights requests, including opt-outs, emphasizes timely action and transparency. The law does not mandate a specific response time for requests to delete data or correct inaccuracies, but generally, reasonable efforts are expected. However, for opt-outs related to targeted advertising and sales, the forty-five-day period with a possible extension is explicitly defined. This specific timeframe highlights the legislative intent to provide consumers with a prompt mechanism to control how their data is used for these particular purposes. The concept of “undue delay” is crucial, meaning the controller cannot unnecessarily postpone action.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling. A controller must honor an opt-out request within 45 days of receiving it, with a possible 45-day extension if reasonably necessary. This period is calculated from the date the request is received. For a request received on March 10th, the initial 45-day period would conclude on April 24th (March has 31 days, so 31 – 10 = 21 days remaining in March, plus 24 days in April = 45 days). If an extension is needed, it would be an additional 45 days, starting from April 25th, concluding on June 8th (April has 30 days, so 30 – 24 = 6 days remaining in April, plus 31 days in May, plus 8 days in June = 45 days). Therefore, the absolute latest date to fulfill the request, including the extension, is June 8th. The DPDPA, like many privacy laws, emphasizes timely response to consumer rights. Understanding these timeframes is crucial for controllers to maintain compliance and avoid potential penalties. The law aims to empower individuals by providing clear mechanisms for controlling their personal information.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt out of the sale of personal data, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects. When a controller receives a request to opt out of sale or targeted advertising, the controller must honor the request. The DPDPA specifies that a controller must provide a clear and conspicuous notice to consumers about their rights, including the right to opt out. This notice should be easily accessible. For a consumer to effectively exercise their opt-out right concerning the sale of personal data or targeted advertising, they typically need to interact with a mechanism provided by the controller. The DPDPA emphasizes that controllers must process opt-out requests in a manner consistent with the consumer’s intent. This means if a consumer opts out of certain processing activities, the controller should not engage in those activities with that consumer’s data. The law does not mandate a specific waiting period before a controller must comply with an opt-out request, but rather implies prompt compliance. The act of simply visiting a website or engaging with content, without explicitly indicating an intent to opt-out of data sales or targeted advertising, does not constitute an opt-out request under the DPDPA. The opt-out must be a deliberate action by the consumer to prevent specific data processing.

The Delaware Personal Data Privacy Act (DPDPA), effective January 1, 2025, defines a “controller” as a natural person or legal entity that alone or jointly with others determines the purposes and means of processing personal data. A “processor” is a natural person or legal entity that processes personal data on behalf of a controller. The DPDPA requires controllers to implement and maintain reasonable administrative, technical, and physical safeguards to protect personal data. When a controller uses a processor, the DPDPA mandates a contractual relationship that clearly outlines specific data processing instructions, the nature, purpose, and duration of the processing, the types of personal data involved, and the rights and obligations of both parties. This contract must also stipulate that the processor will assist the controller in fulfilling data subject rights requests and will ensure the confidentiality of the personal data. Furthermore, the processor must agree to delete or return all personal data to the controller upon termination of the processing services, unless retention is required by law. The DPDPA’s emphasis on the controller’s ultimate responsibility for data protection, even when delegating processing activities, underscores the importance of robust contractual agreements with processors to ensure compliance and safeguard consumer data. The scenario describes a situation where a Delaware-based e-commerce company (the controller) engages a third-party cloud service provider (the processor) to store and manage customer data. The contractual agreement between them must explicitly detail the processor’s obligations regarding data security, data subject rights assistance, and data return/deletion, aligning with the DPDPA’s requirements for processor engagements.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt out of the sale of personal data, targeted advertising, and certain profiling. When a controller receives a request to opt out of the sale of personal data, they must comply within 45 days, with a possible 45-day extension. The DPDPA defines “sale” broadly to include the exchange of personal data for monetary or other valuable consideration. However, it also provides exceptions, such as sharing data with a processor to provide a service requested by the consumer, or sharing data with an affiliate for business purposes. In this scenario, the Delaware-based e-commerce company, “Coastal Goods,” shared customer email addresses with a third-party marketing analytics firm, “Shoreline Insights,” in exchange for valuable market trend reports. This exchange, even without direct monetary payment, constitutes a “sale” under the DPDPA because “other valuable consideration” is involved. Therefore, Coastal Goods must honor a consumer’s opt-out request for the sale of their data by ceasing to share that data with Shoreline Insights. The company cannot argue that Shoreline Insights is a processor providing a service directly requested by the consumer, nor that it is a mere affiliate sharing for internal business purposes, as the exchange is for market analysis, which is a distinct third-party commercial transaction. The core principle is that the consumer’s data is being transferred to another entity for a benefit received by the controller, which triggers the opt-out right.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling. When a consumer exercises this right, a controller must cease processing their personal data for these specific purposes. The law requires controllers to honor opt-out requests within a reasonable period, typically understood as no more than 45 days, with a possible 45-day extension if necessary and the consumer is informed of the extension. This means that upon receiving a valid opt-out request, the controller must cease processing the data for the prohibited activities. The scenario involves a controller who continues to process data for targeted advertising after a consumer has submitted a valid opt-out request. This action constitutes a violation of the DPDPA’s provisions concerning consumer rights. The core of the violation is the continued processing for a purpose the consumer has explicitly opted out of. The DPDPA does not mandate a specific monetary penalty for this initial violation but establishes a framework for enforcement and potential damages. However, the question asks about the *legal consequence* of the controller’s action, which directly relates to the enforcement mechanisms and potential liabilities outlined in the statute. The DPDPA allows for statutory damages in cases of willful violations, and the continuation of processing after an opt-out request, if done knowingly or with reckless disregard for the consumer’s rights, could be construed as willful. The statute specifies that a person injured by a violation of the DPDPA may recover actual damages, statutory damages, injunctive relief, and attorney’s fees. Statutory damages are capped at \$5,000 per violation. Therefore, the most direct legal consequence for a controller continuing to process data for targeted advertising after a consumer has opted out, particularly if deemed willful, is liability for statutory damages.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers specific rights concerning their personal data. One of these rights is the right to opt-out of the sale of personal data, targeted advertising, and certain types of profiling. When a controller receives a request to opt-out of the sale of personal data, they must honor that request without undue delay, and in any event, within 45 days of receiving the request. This period can be extended by an additional 45 days if reasonably necessary, provided the controller informs the consumer of such an extension within the initial 45-day period, along with the reason for the delay. The law emphasizes the processing of such requests in a manner consistent with the controller’s established business practices for responding to such requests. The core principle is to provide consumers with control over their data, including the ability to prevent its sale or use for certain advertising purposes.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers rights concerning their personal data. One crucial aspect is the right to opt-out of the sale of personal data, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects. The DPDPA defines “sale” broadly to include the exchange of personal data for monetary consideration, but also for other valuable consideration. However, the DPDPA includes specific exemptions from this definition of sale. Section 1203(b) of the DPDPA outlines these exemptions. A key exemption is for the disclosure of personal data to a controller that processes the personal data on behalf of the controller, provided that the controller limits the use of the personal data to the purposes for which it was disclosed and does not disclose the personal data to any other party. This is essentially a service provider or processor relationship where data is processed under strict contractual limitations. Another exemption is for the disclosure of data to a third party for purposes of providing a product or service requested by the consumer. The disclosure of personal data to a processor for the purpose of providing a product or service requested by the consumer, with contractual limitations on further use and disclosure, falls under this exemption, meaning it is not considered a “sale” under the DPDPA that would trigger a consumer’s opt-out right for sale. Therefore, if a Delaware resident’s data is shared with a vendor solely to fulfill a service they directly requested from the original controller, and that vendor is contractually bound to use the data only for that specific service and not further disclose it, this action is exempt from the DPDPA’s definition of “sale” requiring an opt-out mechanism.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling. A controller must honor an opt-out request within 15 days of receiving it, with a possible 15-day extension for complex requests, totaling a maximum of 30 days. This period is crucial for ensuring timely compliance with consumer privacy rights. The act defines “sale” broadly to include exchanges for monetary or other valuable consideration, not just direct financial transactions. Understanding the scope of “sale” and the processing timelines for opt-out requests is fundamental to compliant data handling practices under Delaware law. The DPDPA, like other comprehensive state privacy laws, emphasizes transparency and consumer control over personal information. The 15-day initial period, extendable by another 15 days for complex requests, is a key operational requirement for businesses subject to the law.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers rights concerning their personal data. One crucial right is the right to opt-out of the sale of personal data. The DPDPA defines “sale” broadly to include any exchange of personal data for monetary or other valuable consideration. However, the definition of sale has specific exclusions. The DPDPA clarifies that a “sale” does not include: (1) disclosing personal data to a processor who processes the data on behalf of the controller; (2) disclosing personal data to a third party to whom the controller provides personal data for the purpose of processing that data on behalf of the controller; (3) disclosing personal data to a third party for purposes for which the consumer has received clear notice and the consumer has not exercised the right to opt-out of that particular disclosure; (4) disclosing or transferring personal data to an affiliate or successor entity as part of a merger, acquisition, or other transaction involving all or part of the controller’s assets or business; (5) disclosing personal data that the consumer intentionally makes public and does not limit to a specific audience; or (6) disclosing personal data to a third party for purposes that are reasonably aligned with the consumer’s expectations based on the consumer’s existing relationship with the controller or the context in which the personal data was collected. In the given scenario, a Delaware-based online retailer, “Coastal Threads,” shares customer purchase history with a marketing analytics firm, “Insight Metrics,” in exchange for detailed market trend reports. This exchange constitutes valuable consideration for Coastal Threads, as the reports directly inform their business strategy and product development. Since this transaction does not fall under any of the explicit exclusions provided in the DPDPA for what constitutes a “sale,” it is considered a sale of personal data. Therefore, Coastal Threads must provide consumers with a clear notice of this practice and an opportunity to opt-out. The question asks what action Coastal Threads must take concerning the marketing analytics firm based on the DPDPA. Given that the exchange meets the definition of a sale and is not excluded, Coastal Threads must honor opt-out requests from consumers who do not wish for their data to be shared with Insight Metrics for this purpose.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling. When a consumer exercises this right, a controller must cease processing the personal data for these specific purposes. The law requires controllers to recognize universal opt-out mechanisms (UOMs) by January 1, 2025. A UOM is a signal that indicates a consumer’s preference to opt-out of certain data processing activities. If a controller receives a request that is clearly and unambiguously indicated by a UOM, they are obligated to honor it. The DPDPA does not mandate that controllers must provide a separate opt-out mechanism for each of the three prohibited activities if a UOM is already in place and effectively communicates the consumer’s intent. Therefore, a controller receiving a UOM signal signifying an opt-out from the sale of personal data and targeted advertising would fulfill their obligation by ceasing those specific processing activities without needing to implement an additional, distinct opt-out process for those same activities, assuming the UOM is correctly interpreted.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers specific rights regarding their personal data. One of these rights is the right to opt-out of the sale of personal data, targeted advertising, and certain profiling activities. When a controller receives a request from a consumer to opt-out of the sale of personal data, the controller must honor this request. The DPDPA defines “sale” broadly to include the exchange of personal data for monetary or other valuable consideration. The law also mandates that controllers provide a clear and conspicuous notice about the sale of personal data and the consumer’s right to opt-out. Furthermore, the DPDPA requires controllers to establish mechanisms for consumers to submit opt-out requests, such as a dedicated website link or toll-free telephone number. Upon receiving a valid opt-out request, the controller must cease selling the consumer’s personal data and inform any third parties to whom the data has been sold about the opt-out request. This obligation to inform third parties is crucial for ensuring the effectiveness of the opt-out. The DPDPA does not require a specific calculation to determine the validity of an opt-out request; rather, it hinges on the consumer’s affirmative action to opt-out and the controller’s subsequent compliance with processing that request, including notifying downstream recipients of the data. The core principle is to provide consumers with control over the dissemination of their personal information in these specific contexts.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt out of the sale of personal data, targeted advertising, and certain profiling. When a consumer exercises this right, a controller must cease processing their personal data for these specific purposes. The controller must also inform any third parties to whom the personal data has been sold or shared about the consumer’s opt-out request. This notification requirement is crucial for ensuring the consumer’s preference is respected across all entities that have received their data. The DPDPA outlines specific timelines and methods for controllers to acknowledge and act upon these requests. The obligation to cease processing and notify third parties is a core component of consumer control over their data under Delaware law, reflecting a broader trend in U.S. state privacy legislation. This ensures that the opt-out is not merely a superficial action but a directive that impacts downstream data processing activities.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data. A sale, as defined by the DPDPA, includes the exchange of personal data for monetary or other valuable consideration. However, the law provides specific exemptions. One such exemption is for the disclosure of personal data to a processor that processes the data on behalf of the controller, provided that the processor does not sell the personal data to third parties or use it for its own unauthorized purposes. Another exemption is for sharing data with a third party for the purpose of providing a product or service requested by the consumer. In this scenario, the Delaware-based tech firm is disclosing customer email addresses to a marketing analytics firm. The marketing analytics firm’s stated purpose is to analyze customer engagement patterns to help the tech firm improve its services. This is not a sale of personal data because the analytics firm is acting as a processor for the tech firm, and there is no indication that the analytics firm is selling this data to other entities or using it for its own unrelated commercial purposes. The exchange is for valuable consideration (the analytics services) but falls under the processor exemption as long as the analytics firm adheres to its contractual obligations not to further process or sell the data. Therefore, the disclosure does not constitute a sale under the DPDPA that would require an opt-out notice.

The Delaware Personal Data Privacy Act (DPDPA) grants consumers the right to opt-out of the sale of personal data, targeted advertising, and profiling in furtherance of decisions that produce legal or similarly significant effects. When a controller receives a request to opt-out of sale or targeted advertising, they must respond within 45 days, which can be extended by another 45 days if reasonably necessary, with notification to the consumer about the extension and the reason for it. The DPDPA, like many similar state privacy laws, does not mandate a specific calculation for determining “sale” but rather focuses on the exchange of personal data for monetary or other valuable consideration, excluding certain disclosures like those for processing payments or providing services. The law emphasizes a risk-based approach to data protection, requiring controllers to conduct and document Data Protection Assessments (DPAs) for processing activities that present a heightened risk of harm to consumers, such as targeted advertising or the sale of sensitive data. These assessments evaluate the benefits of the processing against the risks to consumers’ rights. The DPDPA’s provisions regarding opt-out requests and the processing of personal data align with broader trends in US state privacy legislation, aiming to provide consumers with greater control over their digital information. The key here is understanding the specific rights conferred and the obligations placed upon data controllers under Delaware law, particularly concerning the definition of “sale” and the procedural requirements for handling consumer opt-out requests, as well as the triggers for conducting DPAs.

The Delaware Personal Data Privacy Act (DPDPA) defines a “controller” as a natural person or legal entity that alone or jointly with others determines the purposes and means of processing personal data. A “processor” is defined as a natural person or legal entity that processes personal data on behalf of a controller. The DPDPA, like many other state privacy laws, distinguishes between these roles based on the decision-making authority regarding the processing of personal data. If an entity merely executes instructions from another entity regarding the processing of personal data, without determining the purposes or means of that processing, it is considered a processor. In this scenario, “Innovate Solutions Inc.” is instructing “SecureData Services LLC” to perform specific data processing activities. SecureData Services LLC does not independently decide why or how the personal data is processed; it acts solely based on the instructions provided by Innovate Solutions Inc. Therefore, SecureData Services LLC functions as a processor under the DPDPA.