reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1201. Liability for certain acts.

§ 1201. Liability for certain acts.
(a) Any person who:
(1) Knowingly presents, or causes to be presented a false or fraudulent claim for payment or approval;
(2) Knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim;
(3) Conspires to commit a violation of paragraph (a)(1), (2), (4), (5), (6) or (7) of this section;
(4) Has possession, custody or control of property or money used or to be used by the Government and knowingly delivers or causes to be delivered, less than all of that money or property;
(5) Is authorized to make or deliver a document certifying receipt of property used or to be used by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government who may not lawfully sell or pledge the property; or
(7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government
shall be liable to the Government for a civil penalty of not less than $10,957 and not more than $21,916, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 2015 (28 U.S.C. § 2461, note), for each act constituting a violation of this section, plus 3 times the amount of damages which the Government sustains because of the act of that person.
(b) Notwithstanding the foregoing, the court may assess not less than 2 times the amount of damages which the Government sustains because of the act of the person, if:
(1) The person committing the violation of this subsection furnished officials of the Government responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;
(2) Such person fully cooperated with any government investigation of such violations; and
(3) At the time such person furnished the Government with the information about the violation, no criminal prosecution, civil action, investigation or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violations.
A person violating this subsection shall also be liable for the costs of a civil action brought to recover any such penalty or damages, including payment of reasonable attorney's fees and costs.
(c) The Superior Court shall have jurisdiction of all offenses under this chapter.
72 Del. Laws, c. 370, §  1;  77 Del. Laws, c. 166, §§  1-4;  79 Del. Laws, c. 141, §  1;  81 Del. Laws, c. 438, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1202. Definitions.

§ 1202. Definitions.
As used in this chapter:
(1) “Claim” means any request or demand, whether under a contract or otherwise, for money or property and whether or not the Government has title to the money or property, that:
a. Is presented to an officer, employee, or agent of the Government; or
b. Is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the Government's behalf or to advance a Government program or interest, and if the Government:
1. Provides or has provided any portion of the money or property requested or demanded; or
2. Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.
“Claim” does not include requests or demands for money or property that the Government has paid to an individual as compensation for employment with the Government or as an income subsidy with no restrictions on that individual's use of the money or property.
(2) “Government” includes all departments, boards or commissions of the executive branch of the State, all political subdivisions of the State, the Delaware Department of Transportation and all state and municipal authorities, all organizations created by or pursuant to a statute which declares in substance that such organization performs or has for its purpose the performance of an essential governmental function, and all organizations, entities or persons receiving funds of the State where the act complained of pursuant to this chapter relates to the use of such funds of the State.
(3) “Knowing” and “knowingly” mean that a person, with respect to information:
a. Has actual knowledge of the information;
b. Acts in deliberate ignorance of the truth or falsity of the information; or
c. Acts in reckless disregard of the truth or falsity of the information, and no proof of specific intent to defraud is required.
(4) “Material” includes anything having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(5) “Obligation” includes an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.
72 Del. Laws, c. 370, §  1;  77 Del. Laws, c. 166, §§  5, 6;  79 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1203. Civil actions for false claims.

§ 1203. Civil actions for false claims.
(a) Responsibilities of the Attorney General. — The Attorney General shall diligently investigate suspected violations under this chapter. If the Attorney General finds that a person has violated or is violating the provisions of this chapter, the Attorney General may bring a civil action under this section against the person.
(b) Private actions. — (1) A private civil action may be brought by any person or labor organization as defined by § 1107A(d) of Title 19 (hereinafter “private party” or “party”) for a violation of this chapter on behalf of the party bringing suit and for the government. The action shall be brought in the name of the government. The action may be dismissed only if the court and the Department of Justice give written consent to the dismissal and their reasons for consenting.
(2) A copy of the complaint and written disclosure of substantially all material evidence and information the private party possesses shall be served on the Department of Justice pursuant to Rules 4 and 5 of the Superior Court Civil Rules. The complaint shall be filed in camera and shall remain under seal for at least 60 days. The complaint shall not be served on the defendant until the expiration of 60 days or any extension approved under paragraph (b)(3) of this section. Within 60 days after receiving a copy of the complaint, the Department of Justice shall conduct an investigation of the factual allegations and legal contentions made in the complaint. The Department of Justice may elect to intervene and proceed with the action within 60 days after it receives the complaint, the material evidence and information.
(3) The Department of Justice may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (b)(2) of this section. Any such motion may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until 20 days after the complaint is unsealed and served upon the defendant pursuant to Rule 4 of the Superior Court Civil Rules.
(4) Before the expiration of the 60-day period or any extensions obtained under paragraph (b)(3) of this section, or within 20 days of being notified by the court that the seal has expired, the Department of Justice shall:
a. Proceed with the action, in which case the action shall be conducted by the Department of Justice; or
b. Notify the court that it declines to take over the action, in which case the private party bringing the action shall have the right to conduct the action.
(5) When a party brings an action under this subsection, no party other than the Department of Justice may intervene or bring a related action based on the facts underlying the pending action.
72 Del. Laws, c. 370, §  1;  77 Del. Laws, c. 166, §§  7-12;  79 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1206. Certain actions barred.

§ 1206. Certain actions barred.
(a) In no event may a person bring an action under this chapter which is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the government is already a party.
(b) The court shall dismiss an action or claim under this section, unless opposed by the government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:
(1) In any criminal, civil, or administrative hearing in which the government or its agent is a party;
(2) In any government-generated report, hearing, audit, or investigation; or
(3) From the news media.
The requirement to dismiss actions or claims as set forth in this subsection shall not apply to actions brought by the Attorney General or where the person bringing the action is an original source of the information.
(c) For purposes of this section, “original source” means an individual who either:
(1) Prior to a public disclosure under subsection (b) of this section, has voluntarily disclosed to the government the information on which allegations or transactions in a claim are based; or
(2) Who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the government before filing an action under this section.
72 Del. Laws, c. 370, §  1;  77 Del. Laws, c. 166, §  23;  79 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1208. Employee protection.

§ 1208. Employee protection.
(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under this chapter or other efforts to stop 1 or more violations of this chapter.
Such relief shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees. An action under this subsection may be brought in the Superior Court of the State of Delaware in and for the county where the violation is alleged to have occurred. A civil action under this subsection may not be brought more than 3 years after the date when the alleged retaliation occurred.
(b) It shall be the duty of every employer of more than 15 employees to post and maintain in a place accessible to its employees and where they normally pass a summary of this chapter upon request and without charge. Such summaries shall be provided by the Delaware Department of Justice to the Delaware Department of Labor for distribution. As an alternative to posting, such employer may establish written policies for all employees that provide an explanation of state and federal False Claims Act [this chapter and 31 U.S.C. § 3729 et seq.] provisions and a resource for obtaining additional information about the law.
72 Del. Laws, c. 370, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 166, §  24;  79 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1209. False claims and reporting procedure.

§ 1209. False claims and reporting procedure.
(a) A civil action under this chapter may not be brought:
(1) More than 6 years after the date on which the violation is committed; or
(2) More than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the Government charged with responsibility to act in the circumstances,
but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
(b) In any action brought under this chapter, the Department of Justice or the private party shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(c) Notwithstanding any other provision of law, the Delaware Rules of Criminal Procedure, or the Delaware Rules of Civil Procedure, a final judgment rendered in favor of the Government in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under this chapter.
(d) Upon motion of the Department of Justice, the court shall have the power to grant other equitable relief, including temporary injunctive relief, as is necessary to prevent the transfer, concealment or dissipation of the illegal proceeds, or to protect the public.
(e) For statute of limitations purposes, any Government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the Government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
72 Del. Laws, c. 370, §  1;  77 Del. Laws, c. 166, §§  25, 26;  79 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1210. Annual reporting requirement.

§ 1210. Annual reporting requirement.
On August 15, 2009, and annually on July 16, the Department of Justice shall submit to the Delaware legislature a report containing the following information:
(1) The number of cases the Department of Justice has filed during the previous calendar year under this chapter;
(2) The number of cases private individuals filed under this chapter during the previous calendar year, including those cases that remain under seal, and specifying:
a. The state or federal courts in which those cases were filed and the number of cases filed in each court;
b. The state program or agency that is involved in each case;
c. The number of cases filed by private individuals who previously had filed an action based on the same or similar transactions or allegations under the federal False Claims Act [31 U.S.C. § 3729 et seq.] or the false claims act of another state; and
d. The amount recovered by the State under this section in settlement, damages, penalties, and litigation costs.
77 Del. Laws, c. 166, §  27;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12. DELAWARE FALSE CLAIMS AND REPORTING ACT › § 1211. Severability of noncompliant provisions.

§ 1211. Severability of noncompliant provisions.
Any provision of this chapter that the federal government determines does not comply with the requirements for state false claims acts set forth in the Deficit Reduction Act of 2005 (Pub. L. 109-171, 120 Stat. 4) shall be repealed to the extent that this chapter is inconsistent with the Deficit Reduction Act.
77 Del. Laws, c. 166, §  28;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-103. Scope.

§§ 12A-103. Scope.
(a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills or codicils;
(2) The Uniform Commercial Code other than Sections 1-107 [see now Section 1-306] and 1-206 [former version of Section 1-206, to which this reference referred, has been repealed], Article 2, and Article 2A;
(3) The Uniform Computer Information Transactions Act;
(4) The General Corporation Law of the State [§§ 101 to 398 of Title 8], the Delaware Professional Service Corporation Act [§ 601 et seq. of Title 8], the Delaware Revised Uniform Partnership Act [§ 15-101 et seq. of this title], the Delaware Revised Uniform Limited Partnership Act [§ 17-101 et seq. of this title], the Delaware Limited Liability Company Act [§ 18-101 et seq. of this title], the Delaware Uniform Partnership Law and the Delaware Statutory Trust Act [§ 3801 et seq. of Title 12];
(5) The Corporation Law for State Banks and Trust Companies, Credit Card Institutions and the Corporation Law for State Savings Banks in Chapters 7, 15 and 16, respectively, of Title 5.
(c) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this section to the extent it is governed by a law other than those specified in subsection (b) of this section.
(d) A transaction subject to this chapter is also subject to other applicable substantive law.
72 Del. Laws, c. 457, §  1;  73 Del. Laws, c. 329, §  9;  83 Del. Laws, c. 69, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-104. Prospective application.

§§ 12A-104. Prospective application.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 14, 2000.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-105. Use of electronic records and electronic signatures; variation by agreement.

§§ 12A-105. Use of electronic records and electronic signatures; variation by agreement.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-106. Construction and application.

§§ 12A-106. Construction and application.
This chapter must be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-107. Legal recognition of electronic records, electronic signatures, and electronic contracts.

§§ 12A-107. Legal recognition of electronic records, electronic signatures, and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-109. Attribution and effect of electronic record and electronic signature.

§§ 12A-109. Attribution and effect of electronic record and electronic signature.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-110. Effect of change or error.

§§ 12A-110. Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and 1 party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
a. Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
b. Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
c. Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither paragraph (1) nor paragraph (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Paragraphs (2) and (3) of this section may not be varied by agreement.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-111. Notarization and acknowledgment.

§§ 12A-111. Notarization and acknowledgment.
If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-112. Retention of electronic records; originals.

§§ 12A-112. Retention of electronic records; originals.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.
(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 14, 2000, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-114. Automated transaction.

§§ 12A-114. Automated transaction.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-115. Time and place of sending and receipt.

§§ 12A-115. Time and place of sending and receipt.
(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) Is in a form capable of being processed by that system; and
(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) It is in a form capable of being processed by that system.
(c) Subsection (b) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d) of this section.
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than 1 place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12A. UNIFORM ELECTRONIC TRANSACTIONS ACT › § 12A-117. Choice of forum.

§§ 12A-117. Choice of forum.
(a) The parties to an electronic contract may choose an exclusive judicial forum; provided, however, that the provisions of §§ 1-301 and 2708 of this title shall apply to such choice; provided further that if the contract is a consumer contract the choice is not enforceable if such choice is unreasonable and unjust.
(b) A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides.
72 Del. Laws, c. 457, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12B. COMPUTER SECURITY BREACHES › § 12B-100. Protection of personal information.

§§ 12B-100. Protection of personal information.
Any person who conducts business in this State and owns, licenses, or maintains personal information shall implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business.
81 Del. Laws, c. 129, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12B. COMPUTER SECURITY BREACHES › § 12B-103. Procedures deemed in compliance with security breach notice requirements.

§§ 12B-103. Procedures deemed in compliance with security breach notice requirements.
(a) Under this chapter, a person that maintains its own notice procedures as part of an information security policy for the treatment of personal information, and whose procedures are otherwise consistent with the timing requirements of this chapter is deemed to be in compliance with the notice requirements of this chapter if the person notifies affected Delaware residents in accordance with its policies in the event of a breach of security.
(b) Under this chapter, a person that is regulated by state or federal law, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) and the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended) and that maintains procedures for a breach of security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional state or federal regulator is deemed to be in compliance with this chapter if the person notifies affected Delaware residents in accordance with the maintained procedures when a breach of security occurs.
75 Del. Laws, c. 61, §  1;  81 Del. Laws, c. 129, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12B. COMPUTER SECURITY BREACHES › § 12B-104. Violations.

§§ 12B-104. Violations.
(a) Pursuant to the enforcement duties and powers of the Director of Consumer Protection of the Department of Justice under Chapter 25 of Title 29, the Attorney General may bring an action in law or equity to address the violations of this chapter and for other relief that may be appropriate to ensure proper compliance with this chapter or to recover direct economic damages resulting from a violation, or both. The provisions of this chapter are not exclusive and do not relieve a person subject to this chapter from compliance with all other applicable provisions of law.
(b) Nothing in this chapter may be construed to modify any right which a person may have at common law, by statute, or otherwise.
75 Del. Laws, c. 61, §  1;  77 Del. Laws, c. 282, §  16;  81 Del. Laws, c. 129, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12C. ONLINE AND PERSONAL PRIVACY PROTECTION › § 1203C. Enforcement.

§ 1203C. Enforcement.
The Consumer Protection Unit of 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.
80 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12D. Delaware Personal Data Privacy Act [Effective Jan. 1, 2025]. › § 12D-101. Short title [Effective Jan. 1, 2025].

§§ 12D-101. Short title [Effective Jan. 1, 2025].
This chapter shall be known and may be cited as the “Delaware Personal Data Privacy Act.”
84 Del. Laws, c. 197, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12D. Delaware Personal Data Privacy Act [Effective Jan. 1, 2025]. › § 12D-105. Designation of agent to exercise rights of consumer, including through universal opt-out mechanisms [Effective Jan. 1, 2025].

§§ 12D-105. Designation of agent to exercise rights of consumer, including through universal opt-out mechanisms [Effective Jan. 1, 2025].
(a) A consumer may designate an authorized agent to act on the consumer's behalf to opt out of the processing of such consumer's personal data for 1 or more of the purposes specified in § 12D-104(a)(6) of this title. The consumer may designate such authorized agent by way of, among other things, a platform, technology, or mechanism, including an Internet link or a browser setting, browser extension, or global device setting, indicating such consumer's intent to opt out of such processing. For the purposes of such designation, the platform, technology, or mechanism may function as the agent for purposes of conveying the consumer's decision to opt-out.
(b) A controller shall comply with an opt-out request received from an authorized agent if the controller is able to verify, with commercially-reasonable effort, the identity of the consumer and the authorized agent's authority to act on such consumer's behalf. The Department of Justice may publish or reference on its website a list of agents who presumptively shall have such authority unless the controller has established a reasonable basis to conclude that the agent lacks such authority.
84 Del. Laws, c. 197, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12D. Delaware Personal Data Privacy Act [Effective Jan. 1, 2025]. › § 12D-109. De-identified data [Effective Jan. 1, 2025].

§§ 12D-109. De-identified data [Effective Jan. 1, 2025].
(a) Nothing in this chapter shall be construed to require a controller or processor to re-identify de-identified data or pseudonymous data, or to maintain data in identifiable form, or collect, obtain, retain, or access any data or technology, in order to be capable of associating an authenticated consumer request with personal data.
(b) Nothing in this chapter shall be construed to require a controller or processor to comply with an authenticated consumer rights request if all of the following apply:
(1) The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data.
(2) The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer.
(3) The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.
(c) The rights afforded under § 12D-104(a)(1) to (a)(4) of this title, inclusive, do not apply to pseudonymous data in cases where the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information.
(d) A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments. The determination of the reasonableness of such oversight and the appropriateness of contractual enforcement must take into account whether the disclosed data includes data that would be sensitive data if it were re-identified.
84 Del. Laws, c. 197, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 12D. Delaware Personal Data Privacy Act [Effective Jan. 1, 2025]. › § 12D-111. Enforcement [Effective Jan. 1, 2025].

§§ 12D-111. Enforcement [Effective Jan. 1, 2025].
(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.
84 Del. Laws, c. 197, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 13. FRAUDULENT TRANSFERS › § 1302. Insolvency.

§ 1302. Insolvency.
(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation.
(b) A debtor who is generally not paying debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) of this section if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
(d) Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
70 Del. Laws, c. 434, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 13. FRAUDULENT TRANSFERS › § 1303. Value.

§ 1303. Value.
(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of §§ 1304(a)(2) and 1305, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
70 Del. Laws, c. 434, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 13. FRAUDULENT TRANSFERS › § 1304. Transfers fraudulent as to present and future creditors.

§ 1304. Transfers fraudulent as to present and future creditors.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) With actual intent to hinder, delay or defraud any creditor of the debtor; or
(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
a. Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
b. Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(b) In determining actual intent under paragraph (a)(1) of this section, consideration may be given, among other factors, to whether:
(1) The transfer or obligation was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer or obligation was disclosed or concealed;
(4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) The transfer was of substantially all the debtor's assets;
(6) The debtor absconded;
(7) The debtor removed or concealed assets;
(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
70 Del. Laws, c. 434, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 13. FRAUDULENT TRANSFERS › § 1305. Transfers fraudulent as to present creditors.

§ 1305. Transfers fraudulent as to present creditors.
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.
70 Del. Laws, c. 434, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 13. FRAUDULENT TRANSFERS › § 1306. When transfer is made or obligation is incurred.

§ 1306. When transfer is made or obligation is incurred.
For the purposes of this chapter:
(1) A transfer is made:
a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
b. With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;
(4) A transfer is not made until the debtor has acquired rights in the asset transferred;
(5) An obligation is incurred:
a. If oral, when it becomes effective between the parties; or
b. If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
70 Del. Laws, c. 434, §  1;