Delaware AI Laws: What's Enacted and What's Next (2027)

As of November 2026, Delaware has not enacted a comprehensive AI law. Its AI-specific laws are narrower: the Delaware AI Commission (HB 333), a bar on AI holding medical or nursing licenses or clinical titles (HB 191), and deepfake laws (HB 353 and HB 316). The Delaware Personal Data Privacy Act adds rights over automated profiling, and HB 380 widens them on January 1, 2027.

Status as of November 4, 2026: HB 380 is signed and scheduled to take effect January 1, 2027. A chatbot disclosure bill (HB 306) and a surveillance pricing bill (HB 453) did not pass, and their bill pages say the General Assembly has ended.

This page covers Delaware state law on artificial intelligence. Deepfakes and AI meeting recorders get short summaries here and have their own pages. For other states and the national picture, see our guide to state and federal AI laws.

Delaware AI Laws at a Glance

The Delaware AI Commission (HB 333)

HB 333, signed July 17, 2024, created the Delaware AI Commission at 29 Del. C. 9041C-9047C. The Commission makes recommendations to the General Assembly and the state Chief Information Officer, develops recommended processes and guidelines for executive, legislative and judicial agencies, and conducts "an inventory of all Generative AI usage" in those agencies.

The act sets no penalty and no private-sector duty. It expires 10 years after enactment, July 17, 2034, unless a later act provides otherwise. HB 16, signed May 13, 2025, added one nonvoting high school student member at 29 Del. C. 9043C(e).

Delaware's AI Sandbox: HJR 7, Not HB 333

The sandbox direction comes from House Joint Resolution 7, not HB 333, whose enacted text does not contain the word "sandbox." HJR 7, signed July 23, 2025, directs the Commission to work with the Secretary of State "to create a regulatory sandbox framework for the testing of innovative and novel technologies that utilize agentic artificial intelligence," with a written report due by January 2, 2026.

A joint resolution is not a statute and creates no sandbox by itself. We did not confirm whether the report was delivered. Our keyword scan of bill titles and synopses for the 153rd General Assembly showed no sandbox legislation.

HB 191: AI Cannot Be a Doctor or Nurse in Delaware

HB 191 (85 Del. Laws ch. 250) was signed April 23, 2026, and is in force. It uses the term "nonhuman entity, including an agent powered by artificial intelligence."

• Medicine: Such an entity "may not be certified to practice medicine in the State" (24 Del. C. 1720(k)). It may not use the titles Doctor or Dr., physician or surgeon, medical doctor or MD, or doctor of osteopathy or DO (1720(l)).
• Nursing: It may not be licensed in professional nursing, as an advanced practice registered nurse, or in practical nursing (1920(h)). It may not use titles including APRN, CRNA, CNS, CNP, CNM, Nurse, RN, LPN, or Doctor or Dr. (1920(i)).
• Physician associates: It may not be licensed as a physician associate or use that title or the abbreviation PA (1773(d)). HB 191's section 3 said physician assistant. The Code now reads physician associate after HB 325 (85 Del. Laws c. 253), approved May 12, 2026, which is to be implemented within a year of enactment or sooner.

The act speaks to licenses and titles. Its text does not address how clinicians or hospitals may use AI tools.

Delaware Personal Data Privacy Act: AI and Profiling (DPDPA)

The Delaware Personal Data Privacy Act is a privacy law, not an AI law. It reaches AI through "profiling." It took effect January 1, 2025.

Rules in Force Today

Today the act applies to persons doing business in Delaware or targeting its residents who, in the preceding year, controlled or processed personal data of at least 35,000 consumers (excluding payment-only data), or of at least 10,000 consumers while deriving more than 20% of gross revenue from selling personal data.

A consumer may opt out of "profiling in furtherance of solely-automated decisions that produce legal or similarly significant effects concerning the consumer." Those decisions are ones that result in the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to essential goods or services.

A controller handling data of at least 100,000 consumers must document a data protection assessment for processing that presents a heightened risk of harm, including profiling that presents a reasonably foreseeable risk of listed harms. That applies to activities created or generated on or after July 1, 2025.

What HB 380 Changes on January 1, 2027

HB 380 (85 Del. Laws ch. 463) was signed September 2, 2026. Its text as amended and the Delaware Code's version marked "Effective Jan. 1, 2027" show:

• Lower thresholds: 10,000 consumers (from 35,000), or 5,000 consumers with more than 20% of gross revenue from selling personal data (from 10,000). The bill's synopsis says 15,000, but the operative text says 10,000.
• Lower assessment threshold: 50,000 consumers (from 100,000).
• Wider opt-out: "solely-automated" becomes "automated," so the opt-out reaches "profiling in furtherance of automated decisions" with those effects.
• Profiling impact assessment: A controller at that 50,000-consumer level must document an impact assessment if it "engages in profiling in furtherance of automated decisions that produce legal or similarly significant effects concerning a consumer."
• Reports to third parties: A controller disclosing a report for such a decision must contractually require the third party to give a resident notice of an adverse action, a description of the data relied on, and a statement that the resident may request human review where technically feasible, with exceptions. "Report" includes "automated decisions based on personal data or profiling." The rule does not apply to consumer reports furnished in compliance with the Fair Credit Reporting Act.

Does the Privacy Act Cover Hiring?

Not for most purposes. "Consumer" means a Delaware resident and excludes "an individual acting in a commercial or employment context," and that language stays in the 2027 version. So a job applicant should not assume the opt-out applies, even though the list of decisions names "employment opportunities."

HB 380 adds a carve-back. The exemption for data handled in the course of applying for or holding a job stays, "except for personal data processed in connection with profiling and reports under § 12D-106(f)." That report rule runs to a "resident," not a "consumer." The text does not say how these provisions fit together in a given hiring case.

Who Is Exempt and Who Enforces

The 2027 version excludes, among others, insurers and certain insurance businesses, and federal or state chartered banks and credit unions along with their affiliates principally engaged in financial activities. Certain broker-dealers and investment advisers are excluded too. The code lists further entity and data exclusions.

The act is enforced solely by the Department of Justice. It provides no basis for a private right of action.

AI in Hiring in Delaware

We found no Delaware statute setting AI duties for employers. That rests on a keyword scan of titles and synopses for all 1,964 bills and resolutions of the 153rd General Assembly (2025-2026), which can miss a provision in the body of a bill. We did not scan the 152nd General Assembly the same way, and we did not read the content of HB 105 (2025), a substituted employment practices bill.

AI in Insurance: Bulletin 148

Insurance Department Bulletin 148, dated February 5, 2025, reminds carriers that decisions "made or supported by advanced analytical and computational technologies, including Artificial Intelligence" must comply with applicable insurance laws and regulations. It is a regulator's statement of expectations under existing law, not a new statute.

Delaware Deepfake Laws (HB 353 and HB 316)

HB 353, the Amelia Kramer Act, signed October 9, 2024, covers intimate deep fakes. Under 10 Del. C. 7806, a prevailing plaintiff may recover the greater of actual damages or statutory damages not to exceed $10,000 against each defendant, plus the defendant's monetary gain and punitive damages.

The act also amends 11 Del. C. 1335, violation of privacy. It is a class A misdemeanor, subject to listed exceptions, to knowingly reproduce, distribute or otherwise disseminate a nude or sexual visual depiction of a person, which includes a deep fake, when the person knows or should have known the depicted person did not consent. For a real image, it must also have been created or provided under circumstances carrying a reasonable expectation of privacy; for a deep fake, that need not be proved. It is a class G felony with listed aggravating factors, including that the actor was over 18 and the person depicted was under 18 when the depiction was created. Separately, 11 Del. C. 1108 makes it a felony, class B in most cases, to knowingly create a visual depiction of a child engaging in a prohibited sexual act or a simulation of one. Section 1100 says a visual depiction includes a computer-generated image. Section 1111 makes it a class F felony to knowingly possess a depiction "created, adapted, modified or edited so as to appear that a child is engaging in" such an act. The section 1335 crime described above does not apply to a depiction of a minor that does not violate section 1108, 1109 or 1111 or a similar provision, unless it is disseminated for commercial purposes.

HS 1 for HB 316, signed the same day, added 15 Del. C. 5145. A deep fake there is realistic synthetic media depicting a candidate or party "with the intent to injure the reputation of the candidate or party or otherwise deceive a voter." The law bars distributing one within 90 days before an election, without the depicted person's consent, by someone who knows or should know what it is, unless the required disclosure appears. The offense is a class B misdemeanor, or class A with intent to cause violence or bodily harm or a prior conviction within 5 years. A candidate may sue in the Court of Chancery.

The law exempts satire and parody, qualifying news broadcasts that disclose questions about the media's authenticity, qualifying publications that clearly state it does not accurately represent the depicted person, and ads federal law requires broadcasters to air. One further exemption, (d)(2), expired one year after enactment. Details are on our Delaware deepfake laws page.

AI Note-Takers and Recording in Delaware

Delaware has two conflicting recording statutes on whether everyone's consent is needed. For how that applies to meeting bots, see our Delaware AI meeting recording laws page.

How Federal AI Policy Affects Delaware

As of November 4, 2026, we found no federal statute in the public laws of the 119th Congress that sets general rules for private AI systems or generally preempts state AI laws. In December 2025, Executive Order 14365 directed federal agencies to challenge or discourage state AI laws the administration views as conflicting with national policy, and called for a federal framework from Congress. The order itself does not declare any state law invalid. See our state AI law preemption tracker.

Delaware AI Bills That Did Not Pass (2025-2026)

Each bill page we read on November 4, 2026, showed the status below and said "The General Assembly has ended, the current status is the final status."

HB 326, signed September 14, 2026, did pass. It raises the penalty for theft by impersonating a family member, with a minimum of 60 days. Its synopsis does not mention AI.

What Changes in Delaware AI Law in 2027

As of November 4, 2026, the one AI-related law we found scheduled to take effect in Delaware in 2027 is HB 380, on January 1, 2027. We scanned the titles and synopses of all 1,964 bills and resolutions of the 153rd General Assembly for AI-related terms. That scan can miss a provision in the body of a bill.

• January 1, 2027: HB 380 takes effect, with the lower thresholds, wider profiling opt-out, profiling impact assessments and report rules described above.
• January 2027: The 154th General Assembly convenes. HB 306, HS 1 for HB 453 and HS 1 for HB 404 would need to be introduced again.
• July 17, 2034: The AI Commission's law expires unless extended.

This page is general legal information about Delaware law as of November 4, 2026, not legal advice. Whether a law applies to a particular person or business depends on the facts, so consult a lawyer licensed in Delaware for advice about your situation.

More Delaware Laws

Explore other Delaware legal guides on Recording Law:

• Delaware Data Privacy Laws
• Delaware Biometric Privacy Laws
• Delaware Data Breach Notification Laws
• Delaware Surveillance Camera Laws
• Delaware Background Check Laws
• Delaware Whistleblower Laws
• Delaware Sexting Laws
• Delaware Medical Records Retention Laws
• Delaware Deepfake Laws
• Delaware AI Meeting Recording Laws

Frequently Asked Questions

Does Delaware have an AI law?

Delaware has no comprehensive AI law as of November 2026. It has targeted laws: the AI Commission (HB 333), a bar on AI holding clinical licenses or titles (HB 191), deepfake laws (HB 353 and HB 316), and privacy-law rights over automated profiling.

Can AI call itself a doctor or nurse in Delaware?

No. HB 191, signed April 23, 2026, says a nonhuman entity, including an agent powered by artificial intelligence, may not be certified to practice medicine, be licensed in nursing or as a physician associate, or use protected titles such as Doctor, MD, Nurse, RN or PA.

What is the Delaware AI Commission?

A state body created by HB 333 in 2024. It recommends actions on AI to the General Assembly and the Chief Information Officer, develops recommended guidelines for government agencies, and inventories generative AI use in those agencies. Its law expires July 17, 2034, unless extended.

Does Delaware have an AI sandbox?

We found none enacted. HJR 7, a joint resolution signed July 23, 2025, directed the AI Commission and the Secretary of State to create a sandbox framework for agentic AI, with a report due January 2, 2026. A resolution creates no sandbox by itself, and we did not confirm the report's delivery.

When does Delaware HB 380 take effect?

January 1, 2027. It lowers the privacy act's applicability threshold to 10,000 consumers, or 5,000 for those deriving more than 20% of gross revenue from selling personal data. It also widens the profiling opt-out and adds profiling impact assessments. The bill's synopsis says 15,000, but its operative text says 10,000.

Can I opt out of AI decisions in Delaware?

Under the Delaware Personal Data Privacy Act, a consumer may opt out of profiling in furtherance of solely automated decisions with legal or similarly significant effects, and from January 1, 2027, automated decisions. The act applies only to covered controllers. Only the Department of Justice enforces it.

Does Delaware regulate AI in hiring?

We found no Delaware statute setting AI duties for employers, based on a title and synopsis keyword scan of 2025-2026 legislation that can miss a provision in the body of a bill. The privacy act's definition of consumer excludes people acting in a commercial or employment context, and HB 380 adds a limited carve-back for profiling and reports from January 1, 2027.

Are deepfakes illegal in Delaware?

Certain ones. Distributing synthetic media depicting a candidate or party with intent to injure reputation or deceive a voter, within 90 days before an election, when the distributor knows or reasonably should know it is a deep fake, without the depicted person's consent and without the required disclosure, is a misdemeanor, with exceptions including satire, parody and qualifying news coverage. HB 353 gives a civil remedy for intimate deep fakes. Knowingly reproducing or disseminating a nude or sexual deep fake, when the person knows or should have known the depicted person did not consent, is a crime, and a felony in listed cases, including when the actor was over 18 and the person depicted was under 18 at creation. Separately, 11 Del. C. 1108 makes it a felony to knowingly create a visual depiction of a child engaging in a prohibited sexual act, and its definition of visual depiction includes a computer-generated image.

Did Delaware pass a chatbot law?

No. HB 306, which would have required disclosure when a reasonable person would believe a computer is human, passed the House. Its bill page showed a last status of a Senate committee on May 5, 2026, and said the General Assembly has ended.

Will Delaware AI law change in 2027?

HB 380 takes effect January 1, 2027. The 154th General Assembly convenes in January 2027, and bills that did not pass, including HB 306, would need to be introduced again.