AI used by state agencies for benefits determination, law enforcement, or public services. 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 government ai nationwide:
Delaware's HB 390 — AI in Employment applies to most businesses with limited exemptions. Even businesses with under 50 employees should review requirements. 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. Enforcement is active. The state AG has authority to investigate and fine without prior warning.
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 very high-risk uses like government ai, consider hiring an independent third-party auditor to validate compliance.
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