A quiet but consequential shift is happening under the feet of every Delaware small business. At Epic Marketing Consultants Corp., we’ve always believed that the internet can be a force for good. We’ve seen it happen. We’ve employed digital tools to help a client reach potential lifesaving kidney donors. We’ve helped a client reach domestic violence survivors to help with healing. We’ve used targeted outreach to support a client in collecting construction remnants that are then used to build housing for those who are looking for a safe and secure home to call their own. Over the last 18 years, we’ve worked with almost every credit union in Delaware to help them reach underbanked communities. We utilized precise data targeting to help a client get in front of engineers at NASA to showcase their tech, resulting in it being on the Mars rover.
None of these victories were accidents. They were the result of a digital ecosystem that allows small businesses and nonprofits to identify and reach their audiences: the right person, at the right time, on the right digital channel.
However, as we move through 2026, a well-intended but fragmented regulatory landscape is now putting these outcomes at risk.
The road paved with good intentions
In the absence of a clear, uniform federal privacy standard, states have stepped in to fill the void. Delaware’s own Personal Data Privacy Act, which saw major updates take effect in January, is a prime example. On the surface, these laws are easy to support. They aim to protect our children, secure our personal data and make it easier to cancel those pesky recurring subscriptions.
These are goals we all share. No one wants predatory advertising or hidden fees. As a business owner and a neighbor, I support those goals. We should have high standards for privacy. The problem isn’t the intent; it’s the complexity of their implementation and the patchwork execution.
The compliance trap
When every state has a different definition of digital data consent, a different requirement for opt-out signals and a different deadline for compliance, the internet stops being an open highway and starts looking like a series of tollbooths. For a giant corporation with an army of lawyers, this is a line item on a budget. For a Delaware small business or a local nonprofit, it’s a barrier to entry or a “Now Closed” sign.
The unintended consequences
When regulations become too complex, the safe move for Big Tech platforms is often to simply disable the very tools on which small businesses rely. We are seeing the unintended consequences play out in real time:
- Diverted resources — Money that should go toward finding a kidney donor or building homes for the housing-insecure is instead being diverted to legal audits to ensure that digital outreach isn’t accidentally violating a specific statute in a neighboring state.
- The niche penalty — To avoid the risk of massive fines, many digital platforms are simply turning off the precise targeting tools that allowed us to find the specific professionals at NASA or decision-makers at local construction firms. Those potential connections may no longer exist.
- A degraded experience — As the Federal Trade Commission and various states push for opt-out defaults that treat all data use as harmful, the tools we use to stay competitive, from basic bookkeeping dashboards to streaming services, become more expensive and less efficient.
- Economic friction — According to a study from Deloitte, small businesses that use data-driven ads are 16% more likely to see growth. By making these tools harder to use, we aren’t just protecting privacy; we are inadvertently cooling the engine of our local and national economy.
Why we need a national standard
We are currently in a regulatory storm. While Delaware has taken its own path, we are just weeks away from new federal Children’s Online Privacy Protection Act deadlines, which add yet another layer of complexity. This fragmentation doesn’t just confuse businesses; it confuses consumers.
The irony is that, while our government is spending billions to expand broadband access across the country, a fragmented regulatory landscape is making the content on that broadband more expensive and less effective. According to research from the Massachusetts Institute of Technology, Americans value ad-supported services at thousands of dollars annually. If we make it impossible for small businesses to use data responsibly, then that value disappears.
We don’t need a war on digital advertising or to choose between privacy and progress. We need a national privacy standard that protects every American equally, while ensuring that small businesses in the First State and all states can continue to use vital digital tools and services. Privacy and innovation don’t have to be enemies, but they do need a clear, consistent map to follow.
I encourage Delaware’s congressional delegation — Democratic Sens. Chris Coons and Lisa Blunt Rochester, and Democratic Rep. Sarah McBride — to continue working toward solutions that protect consumers, while supporting innovation and small-business growth.
Delaware has always been a leader in business and innovation. As we look at the hurdles facing our small businesses, entrepreneurs and nonprofits today, it’s time to advocate for a commonsense federal framework. Let’s protect our neighbors’ data without accidentally dismantling the digital tools that help them save lives, build homes and reach the stars.
Nancy Dibert is the CEO of Epic Marketing Consultants Corp., a Delaware-based agency. She is also the director of the University of Delaware’s Professional & Continuing Studies and an instructor.