June 27, 2016
Authored by: Christopher Achatz
Effective January 1, 2016, Delaware became the second state in the U.S., joining California, to require operators of commercial websites that collect personally identifiable information to post online privacy policies. The Delaware Online Privacy and Protection Act (DOPPA) applies to anyone who operates a “commercial internet website, online or cloud computing service, online application, or mobile application.”
- Persons protected:
a.California: Protects “consumers,” defined as any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.
b. Delaware: Protects “users,” defined as any individual that uses an internet website, online or cloud computing service, online application, or mobile application.
- Services covered:
a.California: Covers commercial website or online service.
b.Delaware: Covers commercial internet website, online or cloud computing service, online application, or mobile application.
- Definition of “Operators” to whom the law applies:
a.California: Applies to any person or entity that owns a website or online service that collects and maintains personally identifiable information from consumers residing in California.
b.Delaware: Applies to any “person who owns an internet website, online or cloud computing service, online application, or mobile application” that collects personally identifiable information through the internet about individual users residing in Delaware.