Title 6, Commerce and Trade

§ 1206C. Privacy of information regarding book service users. (a) A book service provider shall not knowingly disclose to any government entity, or be compelled to disclose to any person, private entity, or government entity, any book service information about a user to any perso…

§ 1207. Government not liable for certain expenses. No Government shall be liable for expenses which a party incurs in bringing an action under this chapter.72 Del. Laws, c. 370, § 1;

§ 1208. Employee protection. (a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner …

§ 1209. False claims and reporting procedure. (a) A civil action under this chapter may not be brought: (1) More than 6 years after the date on which the violation is committed; or (2) More than 3 years after the date when facts material to the right of action are known or reason…

§ 1210. Annual reporting requirement. On August 15, 2009, and annually on July 16, the Department of Justice shall submit to the Delaware legislature a report containing the following information: (1) The number of cases the Department of Justice has filed during the previous cal…

§ 1211. Severability of noncompliant provisions. Any provision of this chapter that the federal government determines does not comply with the requirements for state false claims acts set forth in the Deficit Reduction Act of 2005 (Pub. L. 109-171, 120 Stat. 4) shall be repealed …

§ 12A-101. Short title. This chapter may be cited as the “Uniform Electronic Transactions Act.”72 Del. Laws, c. 457, § 1;

§ 12A-102. Definitions. In this chapter: (1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a partic…

§ 12A-103. Scope. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law govern…

§ 12A-104. Prospective application. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 14, 2000.72 Del. Laws, c. 457, § 1;

§ 12A-105. Use of electronic records and electronic signatures; variation by agreement. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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;

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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;

§ 12D-102. Definitions [Effective until Jan. 1, 2027]. 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 an…

§ 12D-103. Applicability of chapter [Effective until Jan. 1, 2027]. (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 …

§ 12D-104. Consumer personal data rights [Effective until Jan. 1, 2027]. (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 re…

§ 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…

§ 12D-106. Duties of controllers [Effective until Jan. 1, 2027]. (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 disc…

§ 12D-107. Duties of processors [Effective until Jan. 1, 2027]. (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) Taki…

§ 12D-107A. Duties of third parties [Effective Jan. 1, 2027]. (a) A third party that receives personal data from a controller or processor and does not have a contract as required by this chapter may not further process personal data disclosed to the third party. (b) A third part…

§ 12D-108. Data protection assessments [Effective until Jan. 1, 2027]. (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 doc…

§ 12D-109. De-identified data [Effective until Jan. 1, 2027]. (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 acces…

§ 12D-110. Exclusions [Effective until Jan. 1, 2027]. (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, crimin…

§ 12D-111. Enforcement [Effective until Jan. 1, 2027]. (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 t…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…