Delaware breach notification lookup
Use this Delaware breach notification lookup as an incident-triage clock, not as legal advice. It shows the fields Policywright has verified for Delaware: statute citation, stated notification deadline, residents or regulators who may need notice, consumer-reporting-agency threshold, consumer-notice trigger, official source links, and the last verified date.
Last verified 2026-08-13. Not legal advice.
| Field | Verified value | Use in the incident file |
|---|---|---|
| Statute | 6 Del. C. §§ 12B-102 to 12B-103 | Link the decision record to the official citation |
| Deadline | Resident notice without unreasonable delay and no later than 60 days after discovery of the security breach, subject to law-enforcement delay; Attorney General notice applies when more than 500 Delaware residents are affected. | Sort multi-state response work by the shortest stated clock |
| Residents | Delaware residents whose personal information was breached or is reasonably believed to have been breached, unless an appropriate investigation reasonably determines that the breach is unlikely to result in harm to those individuals. | Identify whether affected residents receive notice |
| Regulator | Notify the Delaware Attorney General when a security breach affects more than 500 Delaware residents; the notice must provide the same information requested by the Department of Justice reporting form. | Record AG or regulator portal review |
| Consumer-reporting agencies | The reviewed Delaware breach-notification chapter does not create a separate statewide nationwide-consumer-reporting-agency threshold; Delaware law focuses on resident notice and Attorney General notice for more than 500 affected Delaware residents. | Check whether the affected count crosses a CRA threshold |
| Consumer trigger | Delaware requires Attorney General notice when a security breach affects more than 500 Delaware residents, and the Consumer Protection Unit provides online and fillable forms for Attorney General notice. | Tie notice analysis to the statutory trigger, not an unsupported assumption |
What this state lookup shows
Delaware fields are rendered from the verified state dataset only when the field exists. No deadline is inferred when the data does not state one.
6 Del. C. §§ 12B-102 to 12B-103 is the statute citation retained for this lookup, and the state page links to the official statute source when available.
Delaware requires Attorney General notice when a security breach affects more than 500 Delaware residents, and the Consumer Protection Unit provides online and fillable forms for Attorney General notice. The consumer trigger matters because the clock usually starts only after a legally meaningful incident analysis, not merely because an IT alert appeared.
The last verified date for this Delaware lookup is 2026-08-13. Use that date as a prompt to refresh counsel review before making a live notification decision.
How to use it during an incident
Start with containment and evidence preservation, then identify affected resident states and compare the shortest stated deadline first.
A practical incident file should record discovery time, encryption status, systems involved, affected consumer count, vendor involvement, and the person responsible for counsel review.
For Delaware, the WISP should say where the notification decision log lives, who contacts counsel, who checks the regulator portal, and who approves any consumer notice before it is sent.
This lookup pairs with the Incident Response Plan because the plan owns the workflow: intake, escalation, containment, preservation, notice analysis, communications, and final review.
How it fits the WISP
A WISP should not guess at state-law outcomes; it should make the breach-review path fast, documented, and source-linked.
Pair this lookup with the Delaware WISP requirements page so the firm's written program names the state-aware incident path before an event happens.
Policywright keeps the breach clock separate from the policy packet: the lookup tells you what to review, while the generated packet assigns owners, evidence records, remediation steps, and review cadence.
Not legal advice. A qualified lawyer should confirm whether the incident facts meet a statutory definition, whether substitute notice or regulator notice applies, and whether another state or federal rule changes the timeline.
FAQ
Is this Delaware lookup legal advice?
No. It is a source-linked lookup for incident planning and should be reviewed with qualified counsel before relying on it in a live notification decision.
What if affected residents live outside Delaware?
Use the multi-state lookup page and include every state where affected residents may live. The comparison table sorts selected states by the shortest stated deadline first.
Does this replace the FTC Safeguards Rule notice analysis?
No. State notice review is separate from the federal Safeguards Rule and 16 CFR 314.4(j) analysis. A serious incident file should preserve both review tracks.