Delaware Cybersecurity Laws You Should Know (2025)
In a digital age where data breaches and cyberattacks are becoming more frequent, Delaware businesses must stay ahead of evolving cybersecurity laws. Understanding Delaware cybersecurity regulations helps protect sensitive data, maintain customer trust, and avoid costly legal penalties. Below, we’ll explore the major state and federal cybersecurity laws that affect Delaware businesses and outline how to stay compliant.
Delaware Cybersecurity Laws
Delaware Data Breach Notification Law (6 Del. C. § 12B-101 et seq.)
Delaware’s Data Breach Notification Law requires businesses to notify affected individuals within 60 days of discovering a data breach that compromises personal information. The law mandates that businesses use “reasonable security practices” to protect data and retain written documentation of their breach response efforts.
Delaware Online Privacy and Protection Act (6 Del. C. § 1201C et seq.)
This act regulates how businesses collect, store, and share personal information online, including through websites and mobile applications. It also includes provisions that protect children’s online privacy, similar to the federal Children’s Online Privacy Protection Act (COPPA).
Delaware Computer Misuse and Tampering Act (11 Del. C. § 932 et seq.)
The Delaware Computer Misuse and Tampering Act makes unauthorized access, tampering, or misuse of computer systems a criminal offense. It applies to both external hacking and internal data misuse by employees or contractors.
Delaware Uniform Electronic Transactions Act (6 Del. C. § 12A-101 et seq.)
This act validates the use of electronic signatures and records in Delaware. Businesses must follow data integrity and security protocols when transmitting or storing digital contracts and records.
Federal and Industry-Specific Cybersecurity Regulations That Affect Delaware Businesses
Payment Card Industry Data Security Standard (PCI DSS)
PCI DSS applies to any Delaware business that processes or stores credit card data. Compliance requires encryption, access controls, and continuous system monitoring to prevent breaches.
Health Insurance Portability and Accountability Act (HIPAA)
HIPAA governs how Delaware healthcare providers and related entities manage personal health information (PHI). It mandates strong technical safeguards and privacy protections for all stored or transmitted patient data.
Gramm-Leach-Bliley Act (GLBA)
Financial institutions in Delaware must comply with GLBA, which requires companies to protect customer financial data and provide clear privacy disclosures.
General Data Protection Regulation (GDPR)
Although a European Union law, GDPR applies to Delaware businesses that collect or process data from EU citizens. It emphasizes informed consent, data portability, and the right to deletion.
Cybersecurity Requirements for Financial Services Companies (NYDFS 23 NYCRR 500)
Delaware financial institutions operating in New York must comply with NYDFS cybersecurity standards, including multifactor authentication, encryption, and incident reporting requirements.
NIST Cybersecurity Framework
The National Institute of Standards and Technology (NIST) Cybersecurity Framework is widely used in Delaware’s financial, manufacturing, and technology sectors. It provides best practices for identifying, protecting, detecting, responding to, and recovering from cybersecurity incidents.
Federal Trade Commission (FTC) Act
The FTC Act prohibits unfair or deceptive acts related to cybersecurity. Delaware businesses must implement reasonable data protection practices and avoid making misleading statements about their security measures.
Children’s Online Privacy Protection Act (COPPA)
If your Delaware business collects personal data from children under 13, COPPA applies. It requires verified parental consent and restricts data sharing or targeted advertising directed at minors.
Sarbanes-Oxley Act (SOX)
Publicly traded companies in Delaware must comply with SOX to protect the integrity of financial reporting systems and prevent data manipulation or unauthorized access.
Family Educational Rights and Privacy Act (FERPA)
FERPA safeguards student educational records and applies to Delaware educational institutions and related service providers. It requires parental consent before sharing personally identifiable student information.
Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA)
CAN-SPAM Act
The CAN-SPAM Act governs commercial emails, requiring businesses to provide recipients with a clear opt-out option, accurate sender details, and truthful subject lines.
Defense Federal Acquisition Regulation Supplement (DFARS)
Delaware businesses contracting with the U.S. Department of Defense must comply with DFARS cybersecurity requirements, which are aligned with NIST SP 800-171 standards.
Section 5 of the FTC Act (Unfair or Deceptive Practices)
This section prohibits Delaware businesses from misrepresenting their cybersecurity practices or failing to protect customer data, even if unintentional.
More Delaware Cybersecurity Laws to Be Aware Of
While these are Delaware’s primary cybersecurity laws, businesses may be subject to additional state, federal, or industry-specific regulations depending on their operations. Sectors such as healthcare, finance, education, and energy often have heightened compliance standards under HIPAA, GLBA, or FERC.
Delaware, home to many incorporated companies, emphasizes strong data protection practices as part of its corporate governance framework. Businesses are encouraged to perform annual cybersecurity risk assessments, update data handling policies, and train employees to identify and prevent cyber threats.
Conclusion
Compliance with Delaware cybersecurity laws is critical for every business, from startups to Fortune 500 companies. By understanding these regulations and aligning with recognized frameworks like NIST or ISO 27001, organizations can protect data, reduce liability, and demonstrate a strong commitment to digital responsibility.
If your business needs help navigating cybersecurity compliance in Delaware, we provide comprehensive services to strengthen your security posture and protect your operations from cyber risks.
Frequently Asked Questions About Delaware Cybersecurity Laws
- What is Delaware’s main cybersecurity law?
The Delaware Data Breach Notification Law (6 Del. C. § 12B-101) is the state’s primary cybersecurity statute, requiring businesses to notify affected individuals within 60 days of a data breach. - Who enforces cybersecurity laws in Delaware?
The Delaware Department of Justice and the Attorney General’s Consumer Protection Unit oversee enforcement of state cybersecurity and data breach laws. - Does Delaware require businesses to implement specific cybersecurity standards?
No specific framework is mandated, but businesses are encouraged to follow NIST, ISO, or other industry-recognized standards to demonstrate reasonable security practices. - Are small businesses in Delaware required to comply with these laws?
Yes. All businesses that handle personal information about Delaware residents, regardless of size, must comply with breach notification and data protection requirements. - What data is protected under Delaware’s cybersecurity laws?
Protected data includes personal identifiers such as Social Security numbers, driver’s license or state ID numbers, financial account information, medical data, and any combination of information that could identify an individual.
Read More Cybersecurity Laws by State:
Florida Cybersecurity Laws You Should Know (2025)
Ohio Cybersecurity Laws You Should Know (2025)
Virginia Cybersecurity Laws You Should Know (2025)
North Carolina Cybersecurity Laws You Should Know (2025)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel for advice specific to their organization or situation.
