Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 12D-101. Short title.
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§ 12D-101. Short title. This chapter shall be known and may be cited as the “Delaware Personal Data Privacy Act.” 84 Del. Laws, c. 197, § 1;
6 Del. C. § 12D-102. Definitions.
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§ 12D-102. Definitions. For purposes of this chapter, the following definitions shall apply: (1) “Affiliate” means a legal entity that shares common branding with another legal entity or controls, is controlled by, or is under common control with another legal entity. For the pur…
6 Del. C. § 12D-103. Applicability of chapter.
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§ 12D-103. Applicability of chapter. (a) This chapter applies to persons that conduct business in the State or persons that produce products or services that are targeted to residents of the State and that during the preceding calendar year did any of the following: (1) Controlle…
6 Del. C. § 12D-104. Consumer personal data rights.
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§ 12D-104. Consumer personal data rights. (a) A consumer has the right to do all of the following: (1) Confirm whether a controller is processing the consumer’s personal data and access such personal data, unless such confirmation or access would require the controller to reveal …
6 Del. C. § 12D-105. Designation of agent to exercise rights of consumer, including through universal opt-out mechanisms.
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§ 12D-105. Designation of agent to exercise rights of consumer, including through universal opt-out mechanisms. (a) A consumer may designate an authorized agent to act on the consumer’s behalf to opt out of the processing of such consumer’s personal data for 1 or more of the purp…
6 Del. C. § 12D-106. Duties of controllers.
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§ 12D-106. Duties of controllers. (a) A controller shall do all of the following: (1) Limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to the consumer. (2) Exce…
6 Del. C. § 12D-107. Duties of processors.
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§ 12D-107. Duties of processors. (a) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting the controller’s obligations under this chapter. Such assistance must include all of the following: (1) Taking into account the nature of p…
6 Del. C. § 12D-108. Data protection assessments.
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§ 12D-108. Data protection assessments. (a) A controller that controls or processes the data of not less than 100,000 consumers, excluding data controlled or processed solely for the purpose of completing a payment transaction, shall conduct and document, on a regular basis, a da…
6 Del. C. § 12D-109. De-identified data.
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§ 12D-109. De-identified data. (a) Nothing in this chapter shall be construed to require a controller or processor to re-identify de-identified data or pseudonymous data, or to maintain data in identifiable form, or collect, obtain, retain, or access any data or technology, in or…
6 Del. C. § 12D-110. Exclusions.
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§ 12D-110. Exclusions. (a) Nothing in this chapter shall be construed to restrict a controller’s or processor’s ability to do any of the following: (1) Comply with federal, state, or local laws, rules, or regulations. (2) Comply with a civil, criminal, or regulatory inquiry, inve…
6 Del. C. § 12D-111. Enforcement.
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§ 12D-111. Enforcement. (a) The Department of Justice has enforcement authority over this chapter and may investigate and prosecute violations of this chapter in accordance with the provisions of subchapter II of Chapter 25 of Title 29. (b) During the period beginning on January …