Delaware AI Laws and Regulation (2026)
Delaware has taken a measured but targeted approach to artificial intelligence regulation. Rather than pursuing a single sweeping AI law, the state has enacted specific measures addressing deepfakes, election integrity, and government AI oversight while relying on its comprehensive data privacy law to govern commercial AI applications.
This guide covers Delaware's enacted AI laws, the role of the state's AI Commission, deepfake regulations, data privacy provisions affecting AI, and pending legislation. If you have specific questions about how these laws apply to your situation, consult an attorney for advice specific to your situation.
The Delaware Artificial Intelligence Commission (HB 333)
Governor John Carney signed House Bill 333 on July 17, 2024, creating the Delaware Artificial Intelligence Commission. This commission represents Delaware's primary institutional framework for AI governance and is codified in Title 29 of the Delaware Code.
Commission Responsibilities
The AI Commission has a broad mandate that covers both assessment and policy development:
- Legislative recommendations to the General Assembly and the Chief Information Officer of the Department of Technology and Information regarding AI utilization and safety
- Government AI inventory cataloging all generative AI usage within Delaware's executive, legislative, and judicial agencies
- High-risk identification pinpointing areas where AI implementation poses elevated risks to citizens
- Policy development of appropriate processes, principles, and guidelines for AI use across all branches of state government
- Rights protection ensuring all AI usage keeps citizens safe and does not violate individual rights
- Service improvement encouraging AI adoption where it can improve government service delivery
The Commission includes representatives from technology companies, academic institutions, and public policy experts. In 2025, House Bill 16 amended the Commission law to allow the Chair to annually appoint a high school student as a nonvoting member, with preference for students who have demonstrated interest in studying AI.
The Commission has a 10-year sunset provision, automatically terminating in 2034 unless the General Assembly extends it.
Source: Delaware General Assembly, HB 333
AI Regulatory Sandbox
One of the Commission's key mandates is drafting legislation for a "regulated AI sandbox" program. This program would allow companies to test AI tools in a monitored environment within high-impact industries like finance, biotech, and healthcare. The sandbox concept is designed to encourage innovation while maintaining regulatory oversight, a particularly relevant approach for Delaware given its prominence as a corporate domicile state.
Deepfake Laws in Delaware
Delaware has enacted two significant deepfake laws, each addressing a different category of harm from synthetic media.
HB 353: The Amelia Kramer Act (Intimate Deepfakes)
House Bill 353, known as the "Amelia Kramer Act," addresses the creation and distribution of non-consensual intimate deepfake images. The law amends Titles 10 and 11 of the Delaware Code.
Definition of "Deep Fake" Under Delaware Law:
Delaware defines a deep fake as synthetic media where the content appears to a reasonable person to depict a real individual saying or doing something that did not actually occur, or provides a fundamentally different understanding of the appearance, action, or speech than an unaltered original version would convey.
Penalties and Remedies:
| Offense | Classification | Penalties |
|---|---|---|
| Adult non-consensual intimate deepfake (civil) | Civil action | Up to $10,000 statutory damages per defendant |
| Adult non-consensual intimate deepfake (criminal) | Misdemeanor | Criminal prosecution available |
| Adult creating synthetic intimate image of a minor | Felony | Felony-level prosecution and sentencing |
The law provides both civil and criminal remedies. On the civil side, victims can sue for statutory damages of up to $10,000 against each defendant found liable. The criminal provisions are more severe when minors are involved: when an adult creates a visual depiction of a minor that is nude or engaging in sexual conduct using deepfake technology, the offense is classified as a felony rather than a misdemeanor.
These protections mirror those available under Delaware's Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act and existing Violation of Privacy offenses.
Source: Delaware General Assembly, HB 353
HB 316: Election Deepfakes
House Bill 316 targets the use of deepfake technology to influence elections. The law creates a new elections crime that specifically addresses synthetic media used in political contexts.
Key provisions of HB 316:
- 90-day prohibition: It is a crime to distribute a deepfake depicting a candidate or political party within 90 days of an election, when the intent is to harm the candidate's reputation or deceive voters
- Disclosure safe harbor: No penalty applies if the altered media includes a clear disclaimer stating "This audio/video/image has been altered or artificially generated"
- Audio-only requirements: For audio-only media, the disclosure must be clearly spoken at the beginning, end, and at intervals of no more than 2 minutes for audio exceeding 2 minutes in length
- Civil injunctive relief: Candidates depicted in deepfakes can seek court orders to stop distribution
Penalty Structure for Election Deepfakes:
| Offense | Classification | Context |
|---|---|---|
| Standard violation | Class B Misdemeanor | Distribution without disclosure |
| Intent to cause violence or harm | Class A Misdemeanor | Deepfake intended to incite violence |
| Repeat offense within 5 years | Class E Felony | Prior conviction for same offense |
The law includes exceptions to protect free speech, creative expression, and media rights. Satire, parody, and news coverage are generally not subject to prosecution.
Source: Delaware General Assembly, HB 316
Delaware Personal Data Privacy Act and AI
The Delaware Personal Data Privacy Act (DPDPA), which took effect on January 1, 2025, is the state's most significant law affecting commercial AI applications. While not an AI-specific statute, the DPDPA creates substantial obligations for businesses that use AI systems involving personal data.
Consumer Rights Related to AI
Under the DPDPA, Delaware consumers have the right to opt out of:
- Targeted advertising driven by AI algorithms
- Sale of personal data including data used for AI training
- Automated profiling for decisions that produce legal or similarly significant effects
The law defines "decisions that produce legal or similarly significant effects" broadly, encompassing AI-driven decisions about financial services, lending, housing, insurance, education enrollment, criminal justice, employment opportunities, healthcare services, and access to essential goods or services.
Data Protection Assessments for AI
Controllers that process data for at least 100,000 consumers must conduct regular data protection impact assessments for AI processing that presents heightened risks. These assessments must evaluate:
- Risk of unfair or deceptive treatment by AI systems
- Potential for unlawful disparate impact
- Risks of financial, physical, or reputational injury
- Intrusion upon seclusion or other substantial injury to consumers
The assessment requirements apply to processing activities created on or after July 1, 2025, and are not retroactive.
Source: Delaware General Assembly, DPDPA (HB 154)
Consumer Protection and AI
Beyond the DPDPA, Delaware's Consumer Fraud Act prohibits deceptive or misleading practices in commerce. AI systems can trigger liability under this law when they generate misleading advertisements, automate customer interactions without transparency, or produce deceptive content. Businesses using AI for consumer-facing applications should ensure their systems do not create false impressions or misleading claims.
AI in Insurance
Delaware's Insurance Commissioner Trinidad Navarro issued Bulletin No. 148 in February 2025, establishing guidelines for insurers' use of artificial intelligence. The bulletin aligns with the National Association of Insurance Commissioners (NAIC) Model Bulletin on AI.
Key requirements under the bulletin include:
- AI systems used by insurers must comply with all applicable insurance laws, including unfair trade practices and anti-discrimination statutes
- Carriers must implement governance frameworks for the development, acquisition, and deployment of AI technologies
- Insurers cannot use AI to circumvent existing consumer protection regulations
- Policyholders retain the same rights regardless of whether decisions are made by AI or human agents
The bulletin reflects Delaware's position that AI tools in insurance must be transparent, fair, and compliant with existing regulatory frameworks.
Source: Delaware Department of Insurance, Bulletin No. 148
AI in Healthcare
In the 2026 legislative session, Delaware introduced legislation addressing AI in healthcare settings. The bill, supported by the Delaware Healthcare Facilities Association, Delaware Nurses Association, and Professional Association of Physicians, focuses on ensuring patients understand when they are interacting with an automated AI system rather than a licensed healthcare worker.
The Delaware Healthcare Association has expressed support for AI handling administrative tasks to free up clinician time for direct patient care, while emphasizing the importance of transparency about AI involvement in healthcare interactions.
The bill has been assigned to the Senate Legislative Oversight and Sunset Committee.
AI in Employment
Delaware has not enacted a standalone law regulating AI in employment or hiring decisions. However, several existing legal frameworks apply:
- DPDPA automated profiling opt-out rights extend to employment decisions, allowing job applicants to object to AI-driven hiring processes
- Federal anti-discrimination laws (Title VII, ADA, ADEA) apply to AI-driven employment decisions made in Delaware
- Delaware's anti-discrimination statutes prohibit discrimination based on protected characteristics, whether the decision is made by a human or an AI system
Employers using AI tools for resume screening, candidate assessment, interview analysis, or other hiring functions should conduct regular audits to ensure their systems do not produce discriminatory outcomes.
Federal AI Policy and Delaware
Executive Order 14365
President Trump's December 2025 executive order on AI state preemption has potential implications for Delaware's AI regulatory efforts. The order directs federal agencies to identify state laws that may conflict with a national AI policy framework.
However, executive orders cannot independently preempt state laws without congressional action. Delaware's existing AI laws remain enforceable unless and until federal legislation specifically supersedes them or courts issue injunctions.
The READ AI Models Act
U.S. Representative Sarah McBride (D-DE) and Representative Jay Obernolte (R-CA) introduced the READ AI Models Act at the federal level. This bipartisan bill would direct NIST to develop standardized documentation templates for AI models, creating what supporters describe as a "nutritional label" for AI systems.
The bill is designed specifically to help small businesses, school districts, local governments, and nonprofits evaluate and deploy AI tools, rather than targeting major tech companies that already produce evaluation documentation. If enacted, it would complement Delaware's state-level AI governance efforts.
Source: Rep. McBride's Office, READ AI Models Act
Pending Legislation: 2026 Session
The 153rd General Assembly is considering several AI-related measures:
- Healthcare AI transparency bill: Requiring disclosure when patients interact with AI rather than licensed healthcare workers
- AI Commission expansion (HB 16): Already signed, adding student membership to the AI Commission
- AI regulatory sandbox: The Commission is developing legislation for a sandbox program for testing AI in finance, biotech, and healthcare
Delaware's approach continues to be incremental and industry-specific rather than pursuing comprehensive AI regulation. The AI Commission's recommendations will likely shape the state's next steps in AI policy.
Key Dates and Timeline
| Date | Event |
|---|---|
| July 17, 2024 | Governor Carney signs HB 333 (AI Commission) |
| 2024 | Legislature passes HB 353 (Amelia Kramer Act) and HB 316 (election deepfakes) |
| January 1, 2025 | Delaware Personal Data Privacy Act takes effect |
| February 2025 | Insurance Commissioner issues AI Bulletin No. 148 |
| March 2025 | HB 16 (AI Commission student member) passes House |
| July 1, 2025 | DPDPA data protection assessment requirements begin |
| December 2025 | Federal Executive Order 14365 on AI preemption issued |
| 2026 | Healthcare AI transparency bill introduced |
| 2034 | AI Commission sunset date (unless extended) |
More Delaware Laws
Explore other Delaware legal guides on Recording Law:
Sources and References
- Delaware General Assembly - HB 333 (AI Commission Act)(legis.delaware.gov).gov
- Delaware General Assembly - HB 353 (Amelia Kramer Act)(legis.delaware.gov).gov
- Delaware General Assembly - HB 316 (Election Deepfakes)(legis.delaware.gov).gov
- Delaware Personal Data Privacy Act (HB 154)(legis.delaware.gov).gov
- Delaware Insurance Department - AI Bulletin No. 148(insurance.delaware.gov).gov
- Delaware State News - Insurance Commissioner AI Bulletin(news.delaware.gov).gov
- Rep. McBride - READ AI Models Act(mcbride.house.gov).gov
- Delaware Public Media - Healthcare AI Bill(delawarepublic.org)
- Delaware Public Media - Deepfake Legislation(delawarepublic.org)