Delaware

Summary

Delaware has no enacted AI-specific statute governing chatbot disclosure, automated decision-making, or agent behavior toward the public as of mid-2026. Its most significant enacted instrument is HB 333 (2024), which created the Delaware Artificial Intelligence Commission charged with inventorying state agency GenAI use and making legislative recommendations; it is a governance and study body, not a behavioral mandate on private actors or websites. The Delaware Personal Data Privacy Act (DPDPA, Del. Code tit. 6, ch. 12D, effective January 1, 2025) provides the main operative constraint: it grants consumers the right to opt out of profiling in furtherance of solely-automated decisions producing legal or similarly significant effects, covering AI systems that process personal data for consequential decisions. HB 380 (2026, passed House; in Senate committee as of June 2026) would expand DPDPA coverage to employee and applicant data used in AI-driven employment decisions, while HB 306 (2026, passed House) would add a chatbot disclosure requirement for commercial and government interactions. Delaware is thus in an active legislative phase with multiple AI-specific bills advancing but none yet enacted beyond the commission framework.