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Can I skip updating my privacy policy and other CCPA-related documents in Delaware? What are the requirements?

Delaware Privacy Policy and CCPA Requirements

Delaware law requires operators of commercial internet websites, online or cloud computing services, online applications, or mobile applications that collect personally identifiable information (PII) through the internet about individual users residing in Delaware to make their privacy policy conspicuously available on their website, online or cloud computing service, online application, or mobile application [1.1]. Failure to comply with this law may result in a violation.

The California Consumer Privacy Act (CCPA) is a California state law that applies to certain businesses that collect personal information from California residents. The CCPA does not apply to businesses that do not meet certain criteria, such as having annual gross revenues of less than $25 million [1.2]. Since the CCPA is a California state law, it does not directly apply to businesses in Delaware. However, if a Delaware business collects personal information from California residents, it may be subject to the CCPA [1.2].

Updating Privacy Policy

Delaware law requires operators to make their privacy policy conspicuously available on their website, online or cloud computing service, online application, or mobile application [1.1]. If an operator fails to make its privacy policy conspicuously available within 30 days after being notified of noncompliance, it may be in violation of the Delaware privacy law [1.1]. Therefore, it is important to update the privacy policy as soon as possible after being notified of noncompliance.

If a Delaware business collects personal information from California residents, it may be subject to the CCPA [1.2]. The CCPA requires businesses to provide certain notices to California residents, such as a notice at or before the point of collection of personal information and an updated privacy policy that includes certain disclosures [1.2]. If a Delaware business is subject to the CCPA, it must comply with these requirements.

Conclusion

Delaware law requires operators of commercial internet websites, online or cloud computing services, online applications, or mobile applications that collect PII through the internet about individual users residing in Delaware to make their privacy policy conspicuously available on their website, online or cloud computing service, online application, or mobile application. Failure to comply with this law may result in a violation. If a Delaware business collects personal information from California residents, it may be subject to the CCPA and must comply with certain notice and disclosure requirements.

Source(s):
Jurisdiction

Delaware