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Can I store personal information about my customers in Delaware? What are the requirements?

Storing Personal Information in Delaware

Delaware has laws that regulate the collection, use, and disclosure of personal information. The following documents provide relevant information:

  • 6 DECO 1205C: Posting of privacy policy by operators of commercial online sites and services.
  • 29 DECO 9020C: Prohibition on disclosure of personal information.
  • 6 DECO 1206C: Privacy of information regarding book service users.

Based on these documents, it is clear that Delaware takes the privacy of personal information seriously. If you want to store personal information about your customers in Delaware, you must comply with the state’s laws.

Requirements for Storing Personal Information

To store personal information about your customers in Delaware, you must:

  • Obtain the customer’s consent to collect and store their personal information [29 DECO 9020C].
  • Make your privacy policy conspicuously available on your website, online or cloud computing service, online application, or mobile application [6 DECO 1205C].
  • Identify the categories of personally identifiable information that you collect through your website, online or cloud computing service, online application, or mobile application about users of your service and the categories of third-party persons with whom you may share that personally identifiable information [6 DECO 1205C].
  • Describe the process by which the customer can review and request changes to any of their personally identifiable information that is collected through your service [6 DECO 1205C].
  • Describe the process by which you notify customers of material changes to your privacy policy [6 DECO 1205C].
  • Identify the effective date of your privacy policy [6 DECO 1205C].
  • Disclose how you respond 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 you engage in that collection [6 DECO 1205C].
  • 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 your service [6 DECO 1205C].

Customers’ Remedies

If you violate the laws regarding the collection, use, and disclosure of personal information, your customers may have remedies available to them. For example, if a customer suffers a loss or harm as a result of a violation or prohibited act or practice under Delaware law, they may recover actual and punitive damages, attorney’s fees, court costs, and any other remedies provided by law, including equitable relief [6 DECO 2508A].

Consistency with Other Code Provisions

Nothing in the Delaware laws regarding the collection, use, and disclosure of personal information shall abridge public access to information available or permitted by any other provisions of the Delaware Code. Additionally, nothing in these laws shall authorize the disclosure of information the disclosure of which is prohibited or restricted by any other provisions of the Delaware Code [29 DECO 9022C].

Exemptions

The Delaware laws regarding the collection, use, and disclosure of personal information do not apply to certain entities, such as banks, credit unions, financial institutions subject to the Gramm Leach Bliley Act, health insurers or healthcare facilities subject to the Health Insurance Portability and Accountability Act of 1996, consumer report agencies subject to the Federal Credit Reporting Act, and government agencies [6 DECO 5004C].

Conclusion

You can store personal information about your customers in Delaware, but you must comply with the state’s laws. Make sure to obtain your customers’ consent, make your privacy policy available, and disclose how you collect and use personal information. If you violate these laws, your customers may have remedies available to them.

Jurisdiction

Delaware