Delaware AI Laws and Regulation (2026)

Delaware regulates AI through targeted statutes rather than a single comprehensive law. The Delaware Personal Data Privacy Act (DPDPA), effective January 1, 2025, gives consumers the right to opt out of automated profiling, while HB 353 and HB 316 criminalize non-consensual intimate deepfakes and election deepfakes respectively.

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 require the Chair to appoint annually 1 nonvoting member who is or will be a tenth, eleventh, or twelfth grade student in a Delaware public or private school, with preference for students who have demonstrated an interest in studying AI. That amendment is enacted and codified at 29 Del. C. 9043C(e).

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:

The law provides both civil and criminal remedies. On the civil side, 10 Del. C. 7806 lets a prevailing plaintiff recover the greater of actual economic and noneconomic damages, including damages for emotional distress, or statutory damages not to exceed $10,000 against each defendant, and adds an amount equal to any monetary gain the defendant made from the disclosure plus punitive damages. The court may also award reasonable attorneys' fees and costs and additional relief including injunctive relief. The $10,000 figure is a statutory alternative to proven damages, not a ceiling on total recovery. 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
• Expedited civil action: A candidate depicted in a violating deepfake may bring an expedited action for injunctive relief and damages in the Court of Chancery, and the court may award a prevailing party reasonable attorneys' fees and costs

Penalty Structure for Election Deepfakes:

Every tier of this offense is a misdemeanor. The legislative synopsis published with the bill still describes a class E felony for repeat offenders, but that penalty was amended out before enactment, and the codified text at 15 Del. C. 5145(f) tops out at a class A misdemeanor.

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

Delaware's healthcare AI measure is now law. House Bill 191, "An Act to Amend Title 24 of the Delaware Code Relating to Medical Professionals, Titles, and Nonhuman Entities," was signed on April 23, 2026 and is codified in the professional licensing chapters of Title 24.

What the law prohibits:

• Medicine: 24 Del. C. 1720(k) provides that a nonhuman entity, including an agent powered by artificial intelligence, may not be certified to practice medicine in Delaware, and 1720(l) bars such an entity from using the titles Doctor or Dr., physician or surgeon, medical doctor or MD, and doctor of osteopathy or DO
• Nursing: 24 Del. C. 1920(h) bars a nonhuman entity from being licensed in professional nursing, practice as an advanced practice registered nurse, or practical nursing, and 1920(i) bars it from using titles including APRN, CRNA, CNS, CNP, CNM, nurse, RN, LPN, and Dr.
• Physician associates: a companion act adds 24 Del. C. 1773(d), barring a nonhuman entity from being licensed as a physician associate or using the title physician associate or the abbreviation PA

The practical effect is a licensure and titling rule rather than a general disclosure mandate. An AI tool can still support clinical and administrative work in Delaware, but it cannot hold a professional license or present itself to patients under a protected clinical title.

Source: Delaware General Assembly, HB 191

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

Two of the AI measures taken up by the 153rd General Assembly have already become law and are no longer pending: HB 16, adding a nonvoting student member to the AI Commission, was signed on May 13, 2025, and HB 191, barring AI systems from medical and nursing licensure and titles, was signed on April 23, 2026.

What remains outstanding is the AI regulatory sandbox. HB 333 directs the Commission to draft legislation for a monitored program that would let companies test AI tools in high-impact industries such as finance, biotech, and healthcare, and that legislation has not yet been enacted.

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

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