Data Breach Law in Delaware

January 2, 2018

Data Breach Law in Delaware

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Delaware: Fines, Penalties, Requirements

In Delaware, any business that experiences a data breach is required to investigate the likelihood that personal information will be exploited. Businesses are legally required to notify affected Delaware residents as soon as possible by mail, telephone, or electronic means. If the security breach impacts more than 100,000 people, or the cost of notification surpasses $75,000, businesses can use other means of notification (e.g., public service announcements). Read more about DE’s data breach laws below.

Name of Law / Statute Computer Security Breaches
Definition of Protected Information Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes.
Who Is Subject to Law? Any person or business conducting business in the state who licenses or maintains PI in course of business
Notification of Consumers? Yes, unless determination of no harm by business
By what means? Written, electronic, or phone
Substitute Notice Threshold? If cost of notice >$75,000 or involves >100k residents
Notification of authorities / regulators required? No
By what means? N/A
Regulatory Fines Yes (“appropriate damages and penalties” at discretion of AG)
Credit monitoring requirement? No
Private lawsuits allowed? Yes
Private damages cap? Triple damages + costs and attorney fees
Regulatory actions allowed? Yes
HIPAA Compliance exemption? N/A
Other  (e.g., timeframe) Law does not apply if PI was encrypted
Link to complete law

Learn more about Delaware’s data breach law by reading the full text.