The law
Delaware has no general college NIL statute. The narrower laws that touch NIL are 24 Del. C. ch. 54 (Delaware Revised Uniform Athlete Agents Act, as rewritten by SB 297 of 2022). Rows drawn from a statute come from the enacted text on the legislature's own site; rows drawn from a school or board policy name that policy. Every source is linked under Sources, read on October 21, 2026.
What it says
| Question | What applies | Section or source |
|---|---|---|
| Who is covered | "Student athlete" means anyone eligible to attend an educational institution who engages in or may engage in an interscholastic or intercollegiate sport, so both high school and college athletes are covered. "Name, image, or likeness" includes a symbol, word, name or design that readily identifies a student athlete | 24 Del. C. § 5402(10), (21) |
| Disclosure to the school | No statute requires disclosing an NIL deal itself. When an athlete signs an agency contract, the agent and the athlete must each notify the athletic director within 72 hours or before the next scheduled event, whichever is first, including the agent's name and contact information. The University of Delaware's NIL policy (August 2026) asks athletes to report NIL activities before participating and requires NIL Go reports for third-party deals of $600 or more within five business days, as NCAA Bylaws 22.2.2 and 22.2.2.2 do | § 5410(b), (c); UD NIL Policy |
| Banned categories | Not addressed by statute. The University of Delaware's policy bars NIL activity involving NCAA banned substances, sellers of controlled substances including marijuana, casinos or sports gambling including prediction markets, alcohol, tobacco and nicotine, and adult entertainment | UD NIL Policy |
| Conflicts with team contracts | Not addressed by statute. UD bars NIL deals with direct competitors of its partners in listed categories (for example sportswear, soft drinks, sports drinks, health care and health insurance) unless approved, and bars competing apparel during team activities | UD NIL Policy |
| School and coach involvement | Not addressed by statute. The agent definition excludes a school employee acting "exclusively as an employee of the institution for the benefit of the institution" when advising on finances or career decisions | § 5402(2)a.2.A. |
| Direct pay from the school | No Delaware statute allows or bars it. On its House settlement page (June 2025), the University of Delaware says all full-time members of Conference USA are opting in, and that schools opting in choose how much revenue to share, up to the cap | UD Athletics, House settlement page |
| Agents and attorneys | Registration with the Secretary of the Department of State is required before acting as an agent, with a 14-day window to apply when the athlete makes first contact; registration runs two-year periods from July 1 of odd-numbered years; the fee is set by the Secretary to cover costs, and the Division of Professional Regulation's fee schedule lists a $183 application fee, with the renewal fee stated at renewal and a late fee of 50 percent of it (read 2026-10-21). The agent definition reaches anyone recruiting an athlete into an NIL agency contract and anyone paid to advise on finances, business or career or to manage bills, contracts or taxes. Attorneys and other licensed professionals are excluded unless they also recruit athletes into agency contracts or charge athletes differently | §§ 5402(1), (2); 5404; 5406(f); 5408 |
| High school and minors | The chapter covers interscholastic athletes. For a minor, the agency contract must be signed by a parent or guardian, the parent or guardian may cancel it, and the warning and acknowledgment must be in a language the parent or guardian reads fluently | §§ 5402(21); 5409(g), (h); 5411(a) |
| Financial literacy | Not addressed | None |
| Scholarship protection | Not addressed | None |
| Confidentiality of contracts | Under Delaware's FOIA, "public body," "public record" and "meeting" do not include activities of the University of Delaware and Delaware State University, except that each Board of Trustees is a public body, university documents relating to the expenditure of public funds are public records, and full board meetings are meetings. For other public bodies, trade secrets and privileged or confidential commercial or financial information are not public records | 29 Del. C. § 10002(l), (o)(2) |
| NCAA and conference penalties | Not addressed | None |
| Remedies and enforcement | A school or a student athlete harmed by an agent's violation may sue for damages, costs and attorneys' fees, and the agent forfeits and refunds fees; any violation of the chapter is an unfair or deceptive merchandising practice under the Consumer Fraud Act; prohibited conduct is a class A misdemeanor (fines of $500 to $1,000 for a first conviction); the Secretary may impose a civil penalty up to $50,000; a contract made without registration is void | §§ 5404(c); 5414; 5415; 5416 |
| Employee status | Not addressed | None |
What SB 297 changed
SB 297, with Senate Amendment 1, was the Uniform Law Commission's Revised Uniform Athlete Agents Act adapted for Delaware. Approved on 2022-11-02 as 83 Del. Laws c. 528 and effective 2023-07-01, it deleted the earlier chapter enacted by 73 Del. Laws c. 144 in its entirety and re-enacted the chapter. Three provisions of the new chapter matter for NIL. First, the definition of "agency contract" lists three things an athlete may authorize someone to negotiate: a professional-sports-services contract, an endorsement contract, and "a name, image, or likeness agreement", which it defines as any agreement, oral or written, under which a third party provides money or anything of value for use of the athlete's name, image or likeness (§ 5402(1), (11), (12)). Second, "athlete agent" reaches anyone paid to advise an athlete on "finances, business pursuits, or career management decisions" or to manage bills, payments, contracts or taxes (§ 5402(2)). Third, a violation of the chapter is also an unfair or deceptive merchandising practice under Delaware's Consumer Fraud Act (§ 5415(c)). The bill lists in the 151st to 153rd General Assemblies show no other college NIL bill.
The University of Delaware's rules
UD's athletics department says it opted into the House settlement along with the other full members of Conference USA. Its NIL policy, updated August 2026, applies from initial full-time enrollment or the start of official practice. It bars NIL activity during practices, games and other countable athletically related activities, and during official team activities without prior approval; lists prohibited categories that include casinos, sports gambling and prediction markets; bars deals with competitors of UD partners in named categories such as sportswear (adidas), soft drinks (Pepsi) and health care (ChristianaCare) unless approved; routes deals of $600 or more to NIL Go within five business days and smaller deals through INFLCR; and lets each athlete designate one representative to enter deals in NIL Go. See how NIL Go works and agent registration by state.
How it changed
| Act | What it did | Effective |
|---|---|---|
| 73 Del. Laws c. 144 | enacted the Uniform Athlete Agents Act as 24 Del. C. ch. 54 | 2001 session (effective date not confirmed) |
| 73 Del. Laws c. 329; 74 Del. Laws c. 262; 75 Del. Laws c. 281 and c. 436; 78 Del. Laws c. 376 | amended the earlier chapter (listed in the Code's section histories; their text was not read here); superseded when SB 297 deleted ch. 54 | effective dates not confirmed |
| SB 297 with Senate Amendment 1 (151st General Assembly), 83 Del. Laws c. 528 | deleted ch. 54 in its entirety and re-enacted it as the Delaware Revised Uniform Athlete Agents Act; the new chapter adds "name, image, or likeness agreement" to the agency contract definition, defines NIL, NIL agreement and NIL compensation, reaches paid advisers and business managers, requires notice to the athletic director within 72 hours and a 14-day cancellation right, and makes violations an unfair or deceptive merchandising practice; approved 2022-11-02 | 2023-07-01 |
Federal law
As of 2026-10-21, S. 4668 (Protect College Sports Act) passed the Senate 77-22 on 2026-09-28 and has been held at the House desk since 2026-10-05 with no later action (govinfo bill status record, last updated 2026-10-07); it is not law. No Delaware statute found governs NCAA, conference or school NIL rules, so § 121(a)(2) has little to reach. 24 Del. C. ch. 54 is Delaware's version of the Revised Uniform Athlete Agents Act, which § 121(b)(1)(A) ("Uniform Athlete Agent Acts") preserves unless it conflicts with § 121(a); § 121(b)(1)(I) likewise preserves consumer protection law, which § 5415(c) ties to the chapter. § 102 would require an agent representing a student athlete in an endorsement contract to "register with a State" and deems an agent registered if "registered and certified under the All State Uniform Agent Acts in the State in which the agent operates"; a Delaware registration is the kind of state registration that clause describes, though the bill does not define "registered and certified". The bill would add a federal 5 percent cap on agent fees for endorsement contracts (Delaware sets none), a bar on agency contracts running past eligibility, a federal private right of action alongside Delaware's § 5415 action, Division I reporting of deals over $600 within 5 days of signing and of otherwise unreported pay within 30 days of receipt (§ 101(b)(1), (5)), and federal authority for schools, conferences and collectives to pay athletes for NIL (§ 101(c)).
What sits on top of it
- Division I reporting. Third-party deals of $600 or more go to NIL Go within five business days, whatever the state's own rule (NIL Go, reporting a deal, level by level).
- Your school. A school can set a stricter policy than the statute, and most set the disclosure process.
- Agents. Delaware's athlete-agent rules are on the state-by-state registration table.
- High school. High school NIL in Delaware is set by the state's athletic association, not this statute.
- Taxes. NIL taxes in plain words.
How Leave fits
In Leave, every deal thread carries a rules summary for the athlete's state and level, and keeps the contract, its dates and the disclosure deadline that applies. It is a summary, not a ruling; the school and the statute decide. Leave is software, not an agent, and takes 0% of any deal. You decide, you send.
Questions about college NIL law in Delaware
Does Delaware have an NIL law in 2026?
Only a narrow one. As of 2026-10-21 Delaware has no general college NIL statute, and SB 297 (2022) is the only NIL-related bill in the 151st to 153rd General Assemblies' bill lists. SB 297 (83 Del. Laws c. 528, effective 2023-07-01) made Delaware's athlete-agent law, 24 Del. C. ch. 54, cover agents who negotiate name, image, or likeness agreements for high school and college athletes.
Can Delaware colleges pay athletes directly?
No Delaware statute addresses it. On its House settlement page (June 2025), the University of Delaware says all full-time members of Conference USA are opting into the settlement, which lets Division I schools share revenue directly with athletes up to a cap, and answers "Not at this time" to whether it will spend up to that year's $20.5 million cap.
Do I have to tell my school about an NIL deal in Delaware?
No Delaware statute requires disclosing an NIL deal. The University of Delaware's policy (updated August 2026) asks athletes to report NIL activity in advance through its channels and to report third-party deals of $600 or more to NIL Go within five business days (NCAA Bylaws 22.2.2 and 22.2.2.2). If an athlete signs with an agent, 24 Del. C. § 5410 requires both to notify the athletic director within 72 hours.
Does Delaware require an NIL agent to be licensed?
Registered, yes. Since 2023-07-01 an "agency contract" includes authority to negotiate an NIL agreement (24 Del. C. § 5402(1)c.), and no one may act as an athlete agent in Delaware without registering with the Secretary of the Department of State (§ 5404); the Division of Professional Regulation lists a $183 application fee (fee schedule read 2026-10-21). The contract must carry a boldface warning and a separate eligibility acknowledgment (§ 5409), and the athlete may cancel within 14 days (§ 5411).
Are NIL contracts public records at the University of Delaware?
Generally not. 29 Del. C. § 10002(l) says "public record" does not include activities of the University of Delaware and Delaware State University, except documents relating to the expenditure of public funds and full Board of Trustees meetings. Whether a particular record of school payments to athletes involves public funds is not settled by statute.
Be your own agent. Leave.
