Stay current on changes and developments in corporate law with a wide variety of resources and tools.
July 28 — As of Jan. 1, 2015, businesses in De law are must take “reasonable steps” to protect personal information during its disposal and if they fail to meet the standard, may face possible enforcement action by the state and litigation by individual data subjects, under a recently enacted measure ( H.B. 295 ).
Businesses disposing of information must shred, erase or destroy personal data in electronic, paper or any other form and “make it entirely unreadable or indecipherable through any means.”
The law authorizes the Delaware Office of the Attorney General to file in state court to enforce the law.
An individual who can show “actual damages” related to the failure of a business to properly destroy his or her personal data may file a lawsuit. Under the law, courts are authorized to award treble damages.
Entities covered by the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act or the Fair Credit Reporting Act are exempt from the law. Government entities are also exempt.
The measure unanimously passed the house June 3, and the senate voted unanimously for the legislation June 18.
Delaware Governor Jack A. Markell (D) signed the bill into law July 1.
Full text of H.B. 295, as signed into law, is available at http://op.bna.com/ccw.nsf/r?Open=mmey-9mnnyh.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)