Mandated Timeframe for Breach Reporting and/or Consumer Notification

Within 60 days
Laws related specifically to personal information
  • Breach Reporting & Consumer Notification
  • Protect Personal Information
  • Program for Protection/Security
  • Vendor Specific Obligations
  • Vendor Mandated Contracts
  • Employee Training
  • Data Disposal/Destruction
  • Risk Assessment
  • Requests for Information
Fines & Penalties

Violations of breach notification laws:
- Penalties and/or civil relief may apply

Regulation Levels
  • Breach Reporting
  • Consumer Notifications
  • Vendor Management
  • Data Protection
Level Description
  • None to minimal
  • Basic Requirements
  • Comprehensive Requirements
  • Extensive Requirements
Quick Facts
  • Delaware residents affected by a breach of security must be notified of the breach within 60 days, unless it is determined after appropriate investigation that harm to the individual(s) is unlikely.
  • A breach of security involving computerized personal information affecting over 500 residents must be reported to the Attorney General within 60 days.
  • If a breach of security includes individual’s Social Security numbers, businesses must provide credit monitoring services for a period of 1 year at no cost to the affected consumer.
  • If vendor is breached, they must notify the data owner. The data owner will be responsible to complete any required regulatory and consumer breach notification.
  • If a breach affects residents of other jurisdictions, those individuals must be notified based on the breach notification laws of the jurisdiction where they reside.
  • Businesses must have in place measures to destroy or arrange for destruction of consumer’s personal identifying records so that the records are made unreadable or indecipherable.
  • The Attorney General may bring an action to address violations relating to security breach and may seek relief appropriate to ensure compliance or recover monetary damages, or both.
  • Civil actions may be brought for violations relating to data disposal laws.
  • Posting of a Privacy Policy containing specific information is required of any operator of a commercial internet website, online or cloud computing service, application or mobile application that collects personal information of Delaware residents.
  • Employers must respond to employee’s requests for information and permit employees to inspect their own personnel files for purposes of accuracy of the records held by the employer.
  • Employer refusal of employee access can incur a civil penalty of up to $5,000.
  • Education-sector vendors must be contracted and abide by contractual requirements for the protection of educational records.
  • Delaware’s Insurance Data Security Law includes requirements for insurance licensees to protect personal information and investigate and respond to breaches of security, Licensees have until July 31, 2020 to comply with the information security requirements, and until July 31, 2021 to comply with the vendor management requirements.
  • Entities regulated by the Insurance Commissioner have a breach notification deadline of 3 business days.
Statutes and Laws
  • Del. Code Title 6 §§ 12B-100-12B-104 Computer security breaches
  • Del. Code Title 6 §§ 1201C-1206C Delaware Online Privacy and Protection Act
  • Del. Code Title 6 §§ 5001C-5004C Safe Destruction of Records Containing Personal Identifying Information
  • Del. Code Title 19 §§ 730-736 Right to Inspect Personnel Files / Safe destruction of records containing personal identifying information
  • Del Code Title 14 § 4111 Disclosure of pupils’ school records
  • Del. Code Title 14 §§ 8101A- 8106A Student Data Privacy Protection Act
  • Del. Code Title 18 §§ 8601-8611 Insurance Data Security Act
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