Can Your Employer Read That Email? Data Privacy and Cybersecurity Laws in Delaware

Published On:
Can Your Employer Read That Email? Data Privacy and Cybersecurity Laws in Delaware

Delaware employers can generally read work emails on company systems, as the federal Electronic Communications Privacy Act (ECPA) permits access to communications on employer-owned devices or networks with no expectation of privacy, absent specific policies stating otherwise.​

Delaware Personal Data Privacy Act (DPDPA)

Effective January 1, 2025, the DPDPA regulates businesses processing personal data of 35,000+ Delaware residents (or 10,000+ if >20% revenue from data sales), requiring privacy notices, consent for sensitive data, opt-outs for targeted ads/sales/profiling, and data access/deletion rights. It applies to employee data indirectly via processor contracts mandating confidentiality, security, and compliance assistance, but excludes employment records from core consumer protections.​

Cybersecurity Requirements

Controllers must implement reasonable data security for personal data integrity, including assessments for high-risk processing (post-July 1, 2025), with violations enforced by the Attorney General as Consumer Fraud Act breaches—no private right of action. Processors adhere to duties like deleting data post-service and cooperating on requests.​

Key Employee Data Protections

AspectEmployer Access Allowed?Limitations/Requirements
Company EmailYes, on work systems â€‹Policy disclosure advised â€‹
Personal DataLimited by DPDPA consent/opt-out â€‹Security, minimization required â€‹
MonitoringPermissible if notified â€‹No retroactive assessments â€‹

These laws prioritize business compliance over strict employee privacy in workplaces, emphasizing transparency and security.

SOURCES

[1](https://yaware.com/blog/workplace-privacy-laws-2025-complete-guide-for-employers/)
[2](https://www.delawarepublic.org/politics-government/2025-01-06/delawares-data-privacy-protection-act-officially-enacted-in-the-new-year)
[3](https://www.dwt.com/blogs/privacy–security-law-blog/2023/09/delaware-personal-data-privacy-act-enacted)
[4](https://www.datagrail.io/blog/data-privacy/what-you-need-to-know-about-delawares-new-privacy-law/)
[5](https://www.mcneeslaw.com/new-state-privacy-laws-new-jersey-delaware/)

Leave a Comment