How state privacy laws interact with AI data collection, training, and inference. Here is what Delaware businesses need to know in 2026.
Delaware does not yet have a specific law for this use case, but HB 390 — AI in Employment. Employers must disclose AI use in hiring. Human review option required for adverse decisions.
State law does not replace federal law — you must comply with both. These federal rules apply to ai data privacy nationwide:
Delaware's HB 390 — AI in Employment often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Delaware is January 1, 2027. The law is still developing — monitor for final rules.
Delaware penalties for AI non-compliance: Civil penalties. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Delaware's HB 390 — AI in Employment applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like ai data privacy, consider hiring an independent third-party auditor to validate compliance.
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