Cyber Liability by state
Delaware data breach notification law and cyber insurance
Direct answer
What is Delaware's data breach notification law?
Delaware's breach notification law (Del. Code tit. 6, sect. 12B-101 et seq.) requires businesses to notify affected residents without unreasonable delay but not later than 60 days after determination of the breach after a breach of personal information. Cyber liability insurance typically covers the forensics, notification, credit monitoring, and legal costs this statute drives.
What the statute requires
Delaware requires businesses to notify affected residents within 60 days of determining a breach, with Attorney General notice when more than 500 residents are affected, and to offer credit monitoring where Social Security numbers are involved. Cyber liability insurance typically covers the forensics, notification, credit monitoring, and legal costs this statute drives.
- Consumer notification deadline
- Without unreasonable delay but not later than 60 days after determination of the breach
- Regulator notice
- Notify the Delaware Attorney General not later than the time residents are notified when the breach affects more than 500 Delaware residents.
- Safe harbor
- Notification is not required if the compromised data was encrypted, unless the encryption key was also compromised, or if an investigation finds the breach is not reasonably likely to cause harm.
- Enforcement
- Violations are enforceable by the Attorney General, who may bring an action for damages and injunctive relief.
Statutes and sources
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Delaware Computer Security Breaches Law
Del. Code tit. 6, sect. 12B-101 et seq.
Regulator: Delaware Department of Justice . Last verified 2026-07-29 from the official source .
Related Delaware compliance pages
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