| Measure | Status | What it does | Effective date / next step |
|---|---|---|---|
| H.B. 333 (2024) Delaware AI Commission | Enacted | Created the Delaware AI Commission and assigned statewide advisory, governance and risk-review duties. | Signed July 17, 2024. Commission statutory sunset is July 17, 2034. |
| H.J.R. 7 (2025) Agentic AI sandbox direction | Enacted | Directed the AI Commission to work with the Secretary of State on a regulatory sandbox framework for novel agentic-AI technologies. | Signed July 23, 2025; resolution requested a report by January 2, 2026. |
| H.B. 191 (2026) Professional licensure and protected titles | Enacted | Bars a nonhuman entity, including an AI agent, from being licensed in specified nursing and medical professions or using the corresponding protected professional titles. | Signed April 23, 2026; effective immediately. It is a targeted professional-licensing restriction, not a general ban on healthcare AI. |
| AIC Act / Sandbox bill Draft dated June 2, 2026 | Draft only | Would establish a 30-month sandbox and a new AIC entity type in Title 6, with an AI agent as manager. | Not introduced as of November 6, 2026. Reporting anticipates potential 2027 consideration. |
| H.B. 380 (2026) Personal Data Privacy | Enacted | Amends the Delaware Personal Data Privacy Act, including lower coverage thresholds, consumer rights concerning certain profiling, expanded sensitive-data treatment and stronger third-party duties. | Signed September 2, 2026; effective January 1, 2027. |
| H.B. 381 (2026) Computer Security Breaches | Enacted | Amends the computer-security-breach chapter to clarify when businesses must notify the Attorney General. | Signed September 2, 2026; effective upon enactment. |
The AIC draft: what is actually on paper?
Artificial Intelligence Regulatory Sandbox Program
Proposed Chapter 80 of Title 6. Defines the application process, committee, exemptions, counterparty disclosures, reporting, adverse-event notices, suspension, exit and wind-down.
Read the sandbox provisionsArtificial Intelligence Company Act
Proposed Chapter 81 of Title 6. Defines the AIC, sole member, AI manager, capitalization test, business purpose, records, liabilities and member duties.
Read the entity explainerA targeted boundary for healthcare AI
H.B. 191, signed April 23, 2026, amended Delaware professional-licensing law to bar a nonhuman entity—including an AI agent—from being licensed for professional nursing, advanced-practice registered nursing, practical nursing or physician-assistant practice; being certified to practice medicine; or using specified professional titles and abbreviations. It does not prohibit every healthcare AI application: administrative, scheduling, documentation and other bounded support functions still require their own privacy, safety, professional-practice and consumer-law analysis. See the official H.B. 191 record and enacted session law.
Enacted measures that created the policy pathway
The Commission advises the General Assembly and state CIO, recommends state AI processes and guidelines, encourages appropriate public-sector AI use, and examines ways to protect rights and identify high-risk uses. Official Commission overview.
Signed July 23, 2025. It directs collaboration between the Commission and Secretary of State and calls for written findings and recommendations, including draft legislation, by January 2, 2026. Official bill record.
Adjacent law: privacy and automated decisions
H.B. 380 is not the AIC Act. It is an enacted amendment to the Delaware Personal Data Privacy Act (DPDPA), relevant because automated systems may process personal information, infer sensitive attributes or influence significant decisions involving employment, housing, credit, education, health care and essential services.
- Coverage: the final engrossed text reduces the general data-processing threshold from 35,000 to 10,000 consumers, and the alternative threshold from 10,000 to 5,000 consumers where the controller derives more than 20% of gross revenue from selling personal data.
- Consumer opt-out: § 12D-104 gives consumers an opt-out right for profiling in furtherance of solely automated decisions that produce legal or similarly significant effects.
- Assessments: § 12D-108 separately requires an impact assessment when a controller engages in profiling in furtherance of automated decisions with legal or similarly significant effects. The required analysis covers intended use, benefits, foreseeable risks, mitigations, inputs and outputs, performance limitations, transparency and post-deployment safeguards. The assessment clause does not repeat the word “solely.”
- Sensitive data: the final text expands the definition to include inferences used to reveal or identify protected categories, and adds categories such as neural data, certain financial credentials and government ID numbers.
- Employment-context data: the existing exclusion for data collected in an employment, agent or contractor relationship is narrowed: profiling and reports addressed by § 12D-106(f) remain covered.
- Reports and adverse action: where a controller provides a report to a third party for a decision with legal or similarly significant effects concerning a Delaware resident, the amended law adds contract, notice, data-source and human-review provisions.
- Third parties: it adds binding contract terms and due-diligence requirements when personal data is disclosed to third parties.
H.B. 380 was signed September 2, 2026 and takes effect January 1, 2027. The final engrossed text—not the original bill synopsis—is the source for the 10,000 / 5,000 thresholds and the changes to profiling, sensitive data and third-party obligations. Read the final engrossed text.
What to watch next
- Whether the Delaware AI Commission resolves its outstanding questions and formally transmits a proposal.
- Whether the 2027 General Assembly receives a filed bill, and whether the introduced version differs from the June draft.
- Whether the state publishes committee membership, application rules, capital minimums, risk criteria and public reporting standards.
- What Delaware provides in response to the House Oversight Committee’s October 26 request, due November 9, 2026.
Primary sources: Delaware General Assembly bill records for H.J.R. 7, H.B. 380 and H.B. 381; June 2 AIC draft bill; Delaware Code; Delaware Public Media, October 30, 2026. See Sources & methodology.