Analyzing 2023’s New State Privacy Laws: Oregon and Delaware Join the Strictest Tier

At the end of June, Oregon and Delaware became the 11th and 12th states to pass a comprehensive privacy law, adopting strong consumer-friendly provisions that earn them a spot among the nation’s strictest states. The two laws’ idiosyncrasies, for the most part, will not require companies to significantly alter compliance efforts. However, Oregon, an established privacy enforcement leader, breaks ground by requiring companies to disclose more detailed information about third-party data sharing, posing an operational challenge. This second article in a two-part series about 2023’s new state privacy laws discusses the distinctive elements of the new laws in Oregon and Delaware, the implications for companies’ compliance and the potential impact on privacy law enforcement. Part one addressed the earlier five comprehensive state laws passed (Montana, Tennessee, Iowa, Indiana and Texas), Florida’s law targeting Big Tech and compliance steps to consider. See FTC and $391‑Million State AG Case Put Location Data Enforcement on the Map” (Jan. 4, 2023).

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