The provisions under Delaware PDPA Para.12D-103(c)(11) outline specific scenarios where the law does not apply, including data processed in the context of employment or agency roles (a) and emergency contact information (b). While these provisions do not directly address personal and domestic use, they indicate that the law focuses on commercial and professional contexts rather than personal, non-commercial use.

The closest provision to addressing personal use is Delaware PDPA Para.12D-103(c)(11)(a), which excludes data collected and used within the context of an individual's role as an employee, agent, or independent contractor. This implies that personal data used strictly for personal, non-commercial purposes might not fall under the law's scope, but this is not explicitly stated as a personal and domestic use exemption.

Implications

For businesses, the lack of a clear personal and domestic use exemption means that any data processing activities, even if tangentially related to personal use, could potentially fall under the law if they meet the other applicability criteria (e.g., processing data of 35,000 consumers). Companies must carefully assess their data processing activities to ensure compliance with the Delaware PDPA, focusing on the distinctions between commercial and non-commercial use.