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Can I use third-party analytics tools on my website in Delaware? What are the requirements?
Using Third-Party Analytics Tools on a Website in Delaware
Yes, you can use third-party analytics tools on your website in Delaware, but you must comply with the state’s privacy policy requirements [3.1].
According to Delaware law, 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 must make their privacy policy conspicuously available on their website [3.1]. The privacy policy must identify the categories of personally identifiable information that the operator collects through the website and the categories of third-party persons with whom the operator may share that personally identifiable information. Additionally, the privacy policy must describe the process by which the operator notifies users of its commercial internet website of material changes to the operator’s privacy policy for that internet website.
If you collect personally identifiable information through your website, you must also 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. You must 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 your internet website, online or cloud computing service, online application, or mobile application [3.1].
If you fail to comply with these requirements, you may be in violation of Delaware law [3.1].
Therefore, to use third-party analytics tools on your website in Delaware, you must ensure that your privacy policy complies with the state’s requirements.
Source(s):
Jurisdiction
Delaware