2016 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 12B. COMPUTER SECURITY BREACHES
§ 12B-103. Procedures deemed in compliance with security breach requirements.

(a) Under this chapter, an individual or a commercial entity that maintains its own notice procedures as part of an information security policy for the treatment of personal information, and whose procedures are otherwise consistent with the timing requirements of this chapter is deemed to be in compliance with the notice requirements of this chapter if the individual or the commercial entity notifies affected Delaware residents in accordance with its policies in the event of a breach of security of the system.

(b) Under this chapter, an individual or a commercial entity that is regulated by state or federal law and that maintains procedures for a breach of the security of the system pursuant to the laws, rules, regulations, guidances, or guidelines established by its primary or functional state or federal regulator is deemed to be in compliance with this chapter if the individual or the commercial entity notifies affected Delaware residents in accordance with the maintained procedures when a breach occurs.

75 Del. Laws, c. 61, § 1.;