Duty LXD-5002
Sends commercial email, in Delaware
Computer Security Breaches, protection of personal informationsince 1 line
Del. Code Ann. tit. 6, section 12B-100 · Read the law's page
- Implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of that personal information, collected or maintained in the regular course of business.
- This binds any person, including a government entity, that conducts business in Delaware and owns, licenses, or maintains personal information of a Delaware resident.
- There is no separate compliance runway to build against: the duty has been in force since , when 81 Del. Laws, c. 129, section 1 took effect 240 days after its approval.
- Expect enforcement only from the Delaware Attorney General, through the Director of Consumer Protection, seeking to address a violation and to recover direct economic damages; the chapter does not itself state whether a private plaintiff may also sue.
Delaware Harassment Statute (Telephone Solicitation Clause)in force3 lines
11 Del. C. § 1311(a)(2), (3), (5) · Read the law's page
- Do not, with intent to harass, annoy or alarm another person, communicate with that person by telephone, telegraph, mail or any other written or electronic means, including an intrastate sales call, in a manner you know is likely to cause annoyance or alarm.
- Do not knowingly permit a telephone under your control to be used for a purpose this section prohibits.
- Do not, with intent to harass, annoy or alarm another person, make repeated or anonymous telephone calls to that person, whether or not a conversation results, knowing the person is thereby likely to suffer annoyance or alarm.
Delaware Unrequested or Unauthorized Electronic Mail Statutein force3 lines
11 Del. C. §§ 937-939, 941 · Read the law's page
- Do not, without authorization, intentionally or recklessly distribute unsolicited bulk commercial electronic mail to a receiving address or account under the control of an authorized user of a computer system, unless the mail is sent between individuals, the recipient requested it, an organization sends it to its own members, or a preexisting business relationship exists.
- Do not use a computer or computer network without authority to falsify or forge electronic mail transmission information in connection with sending unsolicited bulk electronic mail, and do not sell, give, distribute, or possess with intent to distribute, software primarily designed, of only limited other significant use, or marketed for falsifying that information.
- Include in every item of commercial electronic mail sent to a Delaware receiving address information telling the recipient how to unsubscribe or stop receiving further commercial electronic mail from you, and stop sending it once a recipient asks you to.