Law / United States / 
Delaware
Delaware Personal Data Privacy Act, Department of Justice enforcement
Del. Code Ann. tit. 6, § 12D-111
In force since .
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect DPDPA violations to be enforced solely by the Delaware Department of Justice, never by a private plaintiff.
- Do not assume a mandatory cure notice as of right. The mandatory cure period ended ; since the Department of Justice decides whether to offer one.
These lines are LexLint's reading of the law's text. Also read by: Delaware Department of Justice, Fraud and Consumer Protection Division (guidance, recorded ).
Who enforces it
Settledness
The Department of Justice's FAQs state that the right to cure sunsets on .
- As of
- Guidance link
- https://attorneygeneral.delaware.gov/fraud/personal-data-privacy-portal/frequently-asked-questions/
- Guidance body
- Delaware Department of Justice, Fraud and Consumer Protection Division
- Open questions
- Does 'per violation' in the civil penalty of up to $10,000 that the Department of Justice's FAQs state count each affected consumer, each unanswered request or each unlawful processing activity, when Section 12D-111(e) deems a violation an unlawful practice under Section 2513 of Title 6?
What it makes you log
Logging duty
Section 12D-111 gives the Department of Justice enforcement authority over the chapter, sets a notice and cure period, lists the factors it may weigh in granting a cure and makes a violation an unlawful practice under section 2513 of Title 6. It names no record a controller must keep and no demand for one. The Attorney General's power to require disclosure of a data protection assessment sits in section 12D-108(c), which the row does not cite and which is coded on the general row.
- Kind
- None
- As of
What this law does
The Delaware Department of Justice has authority to enforce DPDPA; a violation is deemed an unlawful practice under the Delaware Consumer Fraud Act, Del. Code tit. 6, section 2513, and is enforced solely by the Department of Justice. A cure notice was mandatory through ; from the Department may consider listed factors in deciding whether to offer a cure. The chapter creates no private right of action.
When LexLint raises it
When your app profile says your app processes personal data.
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