Delaware

From US data breach notification laws: After a data breach, how fast must a business tell people, and who else must it tell?

Law: 12B-102

The section that holds the state's general breach notification duty for businesses, as the source names it.

12b-102

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.

Days to tell residents: 60 days

The outer limit in days for telling affected residents, as stated. Blank where no number is stated. States start the clock differently, at discovery or at determining a breach happened, and the quote shows which.

not later than 60 days after determination of the breach of security

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.

How fast, in the law's words: without unreasonable delay

The law's own words for how quickly residents must be told, apart from any day count.

must be made without unreasonable delay

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.

Attorney general told: Yes

Yes if the source says the state attorney general or its equivalent must be told of a breach in at least some cases. Florida's Department of Legal Affairs and Oregon's Attorney General count.

also provide notice of the breach of security to the attorney general

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.

Residents before the AG is told: 500 residents

The number of affected residents at which the attorney general must be told, as stated. Blank where no number is stated. The quote shows whether it means that many or more than that many.

the affected number of delaware residents to be notified exceeds 500 residents

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.

Days to tell the AG: Not stated

The deadline in days for telling the attorney general, as stated. Blank where no number is stated. Clocks differ: some run from the breach, and others from telling residents, as the quote shows.

No source we could use stated this. A blank never means no.

Encrypted data excepted: Yes

Yes if the text limits the duty to unencrypted data, or leaves encrypted data out. Stolen keys can undo this in several states.

is not a breach of security to the extent that personal information contained therein is encrypted

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.

Low-harm exception: Yes

Yes if the text lets a business skip notice after finding that harm or misuse is unlikely, or only counts breaches that create a real risk.

the person reasonably determines that the breach of security is unlikely to result in harm

Source: https://delcode.delaware.gov/title6/c012b/index.html. Read 2026-11-01. Checked by a second reader.