Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 12A-106. Construction and application.
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§ 12A-106. Construction and application. This chapter must be construed and applied: (1) To facilitate electronic transactions consistent with other applicable law; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion …
6 Del. C. § 12A-107. Legal recognition of electronic records, electronic signatures, and electronic contracts.
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§ 12A-107. Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability…
6 Del. C. § 12A-108. Provision of information in writing; presentation of records.
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§ 12A-108. Provision of information in writing; presentation of records. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the i…
6 Del. C. § 12A-109. Attribution and effect of electronic record and electronic signature.
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§ 12A-109. Attribution and effect of electronic record and electronic signature. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of …
6 Del. C. § 12A-110. Effect of change or error.
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§ 12A-110. Effect of change or error. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and 1 party has conforme…
6 Del. C. § 12A-111. Notarization and acknowledgment.
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§ 12A-111. Notarization and acknowledgment. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other informa…
6 Del. C. § 12A-112. Retention of electronic records; originals.
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§ 12A-112. Retention of electronic records; originals. (a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) Accurately reflects the information set forth in the record after it …
6 Del. C. § 12A-113. Admissibility in evidence.
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§ 12A-113. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.72 Del. Laws, c. 457, § 1;
6 Del. C. § 12A-114. Automated transaction.
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§ 12A-114. Automated transaction. In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and …
6 Del. C. § 12A-115. Time and place of sending and receipt.
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§ 12A-115. Time and place of sending and receipt. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated…
6 Del. C. § 12A-116. Transferable records.
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§ 12A-116. Transferable records. (a) In this section, “transferable record” means an electronic record that: (1) Would be a note under Article 3 of this title or a document under Article 7 of this title if the electronic record were in writing; and (2) The issuer of the electroni…
6 Del. C. § 12A-117. Choice of forum.
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§ 12A-117. Choice of forum. (a) The parties to an electronic contract may choose an exclusive judicial forum; provided, however, that the provisions of §§ 1-301 and 2708 of this title shall apply to such choice; provided further that if the contract is a consumer contract the cho…
6 Del. C. § 12B-100. Protection of personal information.
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§ 12B-100. Protection of personal information. Any person who conducts business in this State and owns, licenses, or maintains personal information shall implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclos…
6 Del. C. § 12B-101. Definitions.
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§ 12B-101. Definitions. For purposes of this chapter: (1) “Breach of security” means as follows: a. The unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information. Good faith acquisition of personal informati…
6 Del. C. § 12B-102. Disclosure of breach of security; notice.
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§ 12B-102. Disclosure of breach of security; notice. (a) Any person who conducts business in this State and who owns or licenses computerized data that includes personal information shall provide notice of any breach of security following determination of the breach of security t…
6 Del. C. § 12B-103. Procedures deemed in compliance with security breach notice requirements.
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§ 12B-103. Procedures deemed in compliance with security breach notice requirements. (a) Under this chapter, a person that maintains its own notice procedures as part of an information security policy for the treatment of personal information, and whose procedures are otherwise c…
6 Del. C. § 12B-104. Violations.
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§ 12B-104. Violations. (a) Pursuant to the enforcement duties and powers of the Director of Consumer Protection of the Department of Justice under Chapter 25 of Title 29, the Attorney General may bring an action in law or equity to address the violations of this chapter and for o…
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 …
6 Del. C. § 1301. Definitions.
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§ 1301. Definitions. As used in this chapter: (1) “Affiliate” means: a. A person who directly or indirectly owns, controls or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: 1. As a fid…
6 Del. C. § 1301A. Actions relating to dishonor of checks, drafts, or orders; damages.
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§ 1301A. Actions relating to dishonor of checks, drafts, or orders; damages. (a) In any action against a drawer of any check, draft, or order for the payment of money that has been duly dishonored for lack of funds or credit to pay the same, or because the drawer has no account w…
6 Del. C. § 1302. Insolvency.
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§ 1302. Insolvency. (a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets, at a fair valuation. (b) A debtor who is generally not paying debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under subs…
6 Del. C. § 1303. Value.
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§ 1303. Value. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of…
6 Del. C. § 1304. Transfers fraudulent as to present and future creditors.
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§ 1304. Transfers fraudulent as to present and future creditors. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the …
6 Del. C. § 1305. Transfers fraudulent as to present creditors.
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§ 1305. Transfers fraudulent as to present creditors. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation wit…
6 Del. C. § 1306. When transfer is made or obligation is incurred.
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§ 1306. When transfer is made or obligation is incurred. For the purposes of this chapter: (1) A transfer is made: a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asse…
6 Del. C. § 1307. Remedies of creditors.
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§ 1307. Remedies of creditors. (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in § 1308 of this title, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’…
6 Del. C. § 1308. Defenses, liability and protection of transferee.
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§ 1308. Defenses, liability and protection of transferee. (a) A transfer or obligation is not voidable under § 1304(a)(1) of this title against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as oth…
6 Del. C. § 1309. Extinguishment of cause of action.
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§ 1309. Extinguishment of cause of action. A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought: (1) Under § 1304(a)(1) of this title, within 4 years after the transfer was made or the obligation was inc…
6 Del. C. § 1310. Supplementary provisions.
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§ 1310. Supplementary provisions. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or oth…
6 Del. C. § 1311. Short title.
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§ 1311. Short title. This chapter may be cited as the “Uniform Fraudulent Transfer Act.”70 Del. Laws, c. 434, § 1;
6 Del. C. § 1312. [Reserved.]
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§ 1312. [Reserved.]
6 Del. C. § 1401. Definitions.
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§ 1401. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Certificate of acceptance” means a certificate of acceptance filed in accordance with § 1407 of this title including, except where the context requires otherwise, any amendments thereto and …
6 Del. C. § 1402. Operating on a cooperative basis.
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§ 1402. Operating on a cooperative basis. (a) The organizational documents shall provide that the workers cooperative intends to operate on a cooperative basis and to comply with the requirements of this chapter. (b) A workers cooperative under this chapter may perform services f…
6 Del. C. § 1403. Members.
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§ 1403. Members. (a) The organizational documents shall establish qualifications and the method of acceptance and termination of members; provided however, that pursuant to the organizational documents, at least a majority of the members of a workers cooperative shall be employee…
6 Del. C. § 1404. Ownership of voting and nonvoting stock.
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§ 1404. Ownership of voting and nonvoting stock. (a) Except as otherwise provided in the organizational documents, all voting stock shall be owned by members; provided however, that pursuant to the organizational documents, at least a majority of each class of voting stock shall …
6 Del. C. § 1405. Voting rights of members and stockholders.
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§ 1405. Voting rights of members and stockholders. Pursuant to the organizational documents (or voting trust agreements), at least a majority of the board of directors shall be elected by the members on the basis of 1 member, 1 vote.70 Del. Laws, c. 395, § 1;
6 Del. C. § 1406. Allocation of earnings.
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§ 1406. Allocation of earnings. (a) The net earnings of a workers cooperative shall be allocated and distributed by the board of directors in accordance with the organizational documents. (b) Except as otherwise provided in the organizational documents, all of the net earnings of…
6 Del. C. § 1407. Certificate of acceptance; amendment; restatement; cancellation.
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§ 1407. Certificate of acceptance; amendment; restatement; cancellation. (a) In order for a corporation to constitute a workers cooperative, such corporation must execute a certificate of acceptance. The certificate of acceptance shall be filed in the office of the Secretary of S…
6 Del. C. § 1408. Execution of certificate.
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§ 1408. Execution of certificate. (a) Each certificate required by this chapter to be filed in the office of the Secretary of State shall be executed by an authorized officer of the workers cooperative. (b) Unless otherwise provided in the organizational documents, any person may…
6 Del. C. § 1409. Filing of certificate.
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§ 1409. Filing of certificate. (a) The certificate of acceptance and any certificates of amendment, correction or cancellation and of any restated certificate shall be delivered to the office of the Secretary of State for filing. A person who executes a certificate as an agent or…