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Can I use third-party collaboration tools that collect personal information in Delaware? What are the requirements?

Using Third-Party Collaboration Tools that Collect Personal Information in Delaware

If you plan to use third-party collaboration tools that collect personal information in Delaware, you must comply with the state’s privacy laws and regulations.

Prohibition on Disclosure of Personal Information

Under Delaware law, 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 [2.1].

Protection of Personal Information

Any person who conducts business in Delaware and owns, licenses, or maintains personal information shall implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business [3.1].

State Information Security Requirements

The Department of Technology and Information shall have the power to develop and implement a comprehensive information security program that applies personnel, process, and technology controls to protect the State’s data, systems, and infrastructure, within the State’s computing environment and on partner systems. All systems that connect to the State network shall comply with the State Information Security Program [1.2].

Posting of Privacy Policy by Operators of Commercial Online Sites and Services

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 [5.1].

Therefore, if you plan to use third-party collaboration tools that collect personal information, you must ensure that you have a privacy policy in place that complies with Delaware’s privacy laws and regulations. You must also implement reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business. Additionally, you must make your privacy policy conspicuously available on your internet website, online or cloud computing service, online application, or mobile application if you collect personally identifiable information through the Internet about individual users residing in Delaware.

Source(s):
Jurisdiction

Delaware