Enforcement [Effective until Jan. 1, 2027].
Del. Code tit. 6, § 12D-111
in effect(a) The Department of Justice has enforcement authority over this chapter and may investigate and prosecute violations of this chapter in accordance with the provisions of subchapter II of Chapter 25 of Title 29.
(b) During the period beginning on January 1, 2025, and ending on December 31, 2025, the Department of Justice shall, prior to initiating any action for a violation of any provision of this chapter, issue a notice of violation to the controller if the Department of Justice determines that a cure is possible. If the controller fails to cure such violation within 60 days of receipt of the notice of violation, the Department of Justice may bring an enforcement proceeding pursuant to subsection (a) of this section.
(c) Beginning on January 1, 2026, the Department of Justice may, in determining whether to grant a controller or processor the opportunity to cure an alleged violation of any provision of this chapter, may consider all of the following:
(1) The number of violations.
(2) The size and complexity of the controller or processor.
(3) The nature and extent of the controller’s or processor’s processing activities.
(4) The substantial likelihood of injury to the public.
(5) The safety of persons or property.
(6) Whether such alleged violation was likely caused by human or technical error.
(7) The extent to which the controller or processor has violated this or similar laws in the past.
(d) Nothing in this chapter shall be construed as providing the basis for, or be subject to, a private right of action for violations of said sections or any other law.
(e) A violation of this chapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of this title, and shall be enforced solely by the Department of Justice.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title6/c012d/index.htmlFetched: 10/4/2026