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Can I ensure that my company is compliant with expanding privacy protections in Delaware? What are the requirements?

To ensure that your company is compliant with expanding privacy protections in Delaware, you must comply with the following requirements:

Disclosure of agency privacy policies [1.1][1.2]

Each state agency must post its internet privacy policy on its website. Such posting shall include a conspicuous and direct link to such privacy policy. The policy shall also be made available at no charge to other public and private entities. The policy should include a statement of any information, including personal information, the state agency website may collect with respect to the user and the use of the information; the circumstances under which information, including personal information, collected may be disclosed; whether any information collected will be retained by the state agency, and, if so, the period of time that such information will be retained; the procedures by which a user may gain access to the collected information pertaining to that user; the means by which information is collected and whether such collection occurs actively or passively; and whether the collection of information is voluntary or required, and the consequences, if any, of a refusal to provide the required information.

Posting of privacy policy by operators of commercial online sites and services [2.1]

An operator of a commercial internet website, online or cloud computing service, online application, or mobile application that collects personally identifiable information through the Internet about individual users residing in Delaware who use or visit the operator’s commercial internet website, online or cloud computing service, online application, or mobile application shall make its privacy policy conspicuously available on its internet website, online or cloud computing service, online application, or mobile application. The privacy policy required by this section shall 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 shall 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. The privacy policy shall also disclose how the operator responds to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across third-party internet websites, online or cloud computing services, online applications, or mobile applications, if the operator engages in that collection. The policy shall also disclose whether other parties may collect personally identifiable information about a user’s online activities over time and across different internet websites, online or cloud computing services, online applications, or mobile applications when a user uses the operator’s internet website, online or cloud computing service, online application, or mobile application.

Registration requirements [4.1]

To register under this chapter, a contractor shall submit all required forms, information, and fees to the Department. A contractor must apply for a registration certificate by submitting a complete application on the form provided by the Department, which must include all of the following information regarding the contractor, if applicable: name, principal business address, telephone number, fax number, and e-mail address; type of business entity, including corporation, partnership, or sole proprietorship; if the principal business address is not within the State, the name and address of the custodian of records and agent for service of process in the State; the name of the person, the date and nature of the violation, conviction, or judgment, and all additional information requested by the Department if the contractor or a person holding a financial interest in the contractor’s business has ever done any of the following: held a financial interest in a licensed entity that was cited by the Department for a violation of a labor law, been convicted of home improvement fraud under § 916 of Title 11 or new home construction fraud under § 917 of Title 11, or been found to have engaged in an unlawful practice under § 2513 of Title 6; the federal employer identification number, the state taxpayer identification number, individual tax identification number, or other tax identification number; proof of Delaware worker’s compensation insurance; proof of a state business license; a safety plan that is compliant with the requirements established by the Occupational Safety and Health Administration.

Prohibition on disclosure of personal information [1.3]

No state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information. For the purposes of this section, the voluntary disclosure of personal information to a state agency by a user through a state agency website, whether solicited or unsolicited, shall constitute consent to the disclosure of the information by the state agency for the specific purposes for which the user disclosed it to the state agency.

Therefore, to ensure compliance with expanding privacy protections in Delaware, your company must post its internet privacy policy on its website, make it conspicuously available, and identify the categories of personally identifiable information that the company collects through its website and the categories of third-party persons with whom the company may share that personally identifiable information. Additionally, if your company is a contractor, you must submit all required forms, information, and fees to the Department and provide a safety plan that is compliant with the requirements established by the Occupational Safety and Health Administration. Finally, no state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information.

Source(s):
Jurisdiction

Delaware