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Can I use customer data for marketing purposes without violating privacy laws in Delaware? What are the requirements?

Based on Delaware state laws, you cannot use customer data for marketing purposes without violating privacy laws in Delaware. Delaware has several laws that protect the privacy of its citizens, including the Delaware Agriculture Marketing Fund [1.1], the Student Data Privacy Protection Act [4.1], the Development and Implementation of Agency Privacy Policies [2.2], the Privacy of Information Regarding Book Service Users [3.2], and the Posting of Privacy Policy by Operators of Commercial Online Sites and Services [3.1].

The Posting of Privacy Policy by Operators of Commercial Online Sites and Services requires operators of commercial internet websites, online or cloud computing services, online applications, or mobile applications that collect personally identifiable information through the internet about individual users residing in Delaware to make their privacy policy conspicuously available on their internet website, online or cloud computing service, online application, or mobile application. The privacy policy must identify the categories of personally identifiable information that the operator collects through the internet website, online or cloud computing service, online application, or mobile application about users of its commercial internet website, online or cloud computing service, online application, or mobile application and the categories of third-party persons with whom the operator may share that personally identifiable information. The policy must also describe the process by which the operator notifies users of its commercial internet website, online or cloud computing service, online application, or mobile application of material changes to the operator’s privacy policy for that internet website, online or cloud computing service, online application, or mobile application [3.1].

Therefore, to use customer data for marketing purposes in Delaware, you must comply with the Posting of Privacy Policy by Operators of Commercial Online Sites and Services. You must make your privacy policy conspicuously available on your internet website, online or cloud computing service, online application, or mobile application and identify the categories of personally identifiable information that you collect and the categories of third-party persons with whom you may share that personally identifiable information.

Source(s):
Jurisdiction

Delaware