Delaware Student Data Privacy Protection Act Guide

Primary Law
Student Data Privacy Protection Act (operator duties, prohibited activities, and security safeguards for student data)

Citation
Delaware Code Title 14, Chapter 81A (Student Data Privacy Protection Act)

Official Text
https://delcode.delaware.gov/title14/c081a/index.html

Overview

Delaware's Student Data Privacy Protection Act governs how edtech operators collect, use, disclose, and protect student data when their services are used for K-12 school purposes. The law requires operators to implement and maintain reasonable security procedures and practices appropriate to the nature of the student data and establishes restrictions such as limits on targeted advertising and other non-school uses.

For districts, the practical takeaway is that vendors handling student data should be governed by signed agreements that clearly define permitted uses, require security safeguards, and control subcontractors and downstream disclosures.

Applicability and Scope

This is most relevant when:

• A vendor operates an online service, cloud service, application, or mobile app used primarily for K-12 school purposes
• The service collects, maintains, or uses student data in digital/electronic form
• Student data is shared with third parties or subprocessors as part of service delivery

Security and Vendor Expectations

Delaware law places clear obligations on operators to use reasonable security practices appropriate to the nature of student data. Districts may operationalize these requirements through written agreements, structured vendor vetting, or a combination of both, depending on risk and data sensitivity.

Districts should ensure that vendor agreements and/or documented review processes establish:

• Defined limits on data use, restricting student information to authorized K–12 school purposes
• Security controls proportionate to the sensitivity of the student data involved
• Oversight of subcontractors, including restrictions on third-party access and required privacy and security flow-down obligations
• Data deletion and return procedures when requested by the district or when services conclude

This approach allows districts to enforce Delaware’s security expectations while retaining flexibility in governance.

How Can EdPrivacy Help Delaware Schools

Delaware compliance is easier when districts can clearly see which vendors receive student data and how each vendor has been evaluated. EdPrivacy provides a centralized system to manage vendor approvals, agreements (where used), and supporting privacy and security documentation.

With EdPrivacy, districts can:

• Maintain a complete inventory of applications and vendors that handle student data
• Store contracts, DPAs, and vendor privacy and security artifacts in one place
• Document required safeguards, including security controls, deletion expectations, and disclosure limitations
• Track vendor policy or practice changes and schedule periodic re-reviews

This structure helps districts apply consistent oversight across a growing edtech ecosystem.

Summary

Delaware districts should be prepared to:

• Use written agreements, documented vendor vetting, or both when tools collect or process student data
• Confirm that vendors implement reasonable security safeguards and enforceable privacy controls
• Limit student data use to school purposes and manage third-party access appropriately
• Maintain repeatable, district-wide oversight through documentation, monitoring, and periodic review

Delaware’s student data privacy framework supports a flexible, risk-based approach to protecting student information in vendor-hosted systems, allowing districts to demonstrate compliance through contractual controls, structured vetting, or a blended model.

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