Delaware. Breach notification. Act

DE breach lawDelaware data breach notification law (Del. Code tit. 6, § 12B-101 et seq.)

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Delaware residents to notify affected individuals after a security breach. Core timing rule: Individuals without unreasonable delay and within 60 days of determining a breach. Covered data: name plus SSN, driver's licence/ID, financial account with codes, passport, online credentials, medical history and DNA profile, health insurance ID, biometric data, taxpayer ID.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

One year of free credit monitoring is mandatory when SSNs are breached; also imposes a duty to maintain reasonable security.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Delaware requires the maintaining entity to notify and cooperate with the owner immediately after determining a breach. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals without unreasonable delay and within 60 days of determining a breach; AG no later than individuals if >500 residents
DPO
No
Cross-border transfers
None
Maximum penalty
AG enforcement under consumer fraud laws; direct economic damages recoverable

§3Dates

Key dates
  • Adopted
  • In force
  • Overhauled by HS 1 for HB 180 (signed 2017-08-17, eff. 2018-04-14)

§4Text and authority

Text
Authority
Delaware Department of Justice (Attorney General)

§5Where it applies

Domestic law of
Delaware

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.