ThinkstockPhotos-455670115-webBeginning January 1, 2016, the recently-enacted “Delaware Online Privacy and Protection Act”1 (DOPPA) will take effect and will impact all companies with online services used by Delaware residents. DOPPA consists of three separate online privacy laws: (1) a law prohibiting certain types of online marketing or advertising to minors;2 (2) a law requiring commercial websites and online services to post privacy policies;3 and (3) a law restricting government access to user records kept by online book service providers.4 The laws are substantively similar to online privacy laws already in effect in other states, and are particularly similar to laws in effect in California. The Consumer Protection Unit of the Delaware Department of Justice can enforce DOPPA’s three laws under the same provisions that it enforces other state consumer protection laws.5 DOPPA does not create a private right of action for any of the three laws.6
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