DelawareHB 381153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMPUTER SECURITY BREACHES.

Sponsored By: Krista Griffith (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Delaware adds state oversight of breach notices

Entities can use substitute notice when notice costs exceed $75,000, more than 100,000 Delaware residents need notice, or contact information is insufficient. Substitute notice must include available email notices, clear website postings, statewide media notice, and notice to Delaware's Attorney General. Another rule applies when reasonable efforts cannot identify some affected residents within 60 days after the breach is determined. The entity must notify the Attorney General within those 60 days. No separate Attorney General notice is needed if substitute notice is provided within that same period.

Delaware sets breach notice deadlines and exceptions

Affected Delaware residents generally must receive notice without unreasonable delay, no later than 60 days after a breach is determined. A shorter federal deadline takes priority. Law enforcement can request a delay while notice threatens a criminal investigation; notice must follow when that risk ends. Residents not identified within 60 days despite reasonable efforts must receive notice as soon as practicable after identification. State- or federally regulated entities meet these timing rules by maintaining and following regulator-established breach procedures, but not every other breach-law requirement.

Sponsors & Cosponsors

Sponsor

  • Krista Griffith

    Democratic • House

Cosponsors

  • Kerri Evelyn Harris

    Democratic • House

  • Kendra Johnson

    Democratic • House

  • Eric Morrison

    Democratic • House

  • Edward S. Osienski

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

  • John "Jack" Walsh

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 60 • No: 0

Senate vote • 6/25/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 5/21/2026

Passed (SM required)

Yes: 39 • No: 0

Actions Timeline

  1. Signed by Governor

    9/2/2026Governor
  2. Passed By Senate. Votes: 21 YES

    6/25/2026Senate
  3. Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 8 On Its Merits

    6/17/2026Senate
  4. Assigned to Banking, Business, Insurance & Technology Committee in Senate

    5/21/2026Senate
  5. Passed By House. Votes: 39 YES 2 ABSENT

    5/21/2026House
  6. Reported Out of Committee (Technology & Telecommunications) in House with 6 On Its Merits

    4/21/2026House
  7. Introduced and Assigned to Technology & Telecommunications Committee in House

    4/16/2026House

Bill Text

  • Current

    4/16/2026

Related Bills

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