Yes, web scraping is generally legal in Delaware, provided it complies with federal and state laws, including Delaware’s Uniform Trade Secrets Act and the Computer Fraud and Abuse Act (CFAA). Delaware’s 2025 amendments to its data privacy statute (6 Del. C. § 1201) impose stricter limits on automated data collection, requiring explicit consent for scraping personal data. Courts in Delaware have not yet ruled on scraping-specific cases, but federal precedents (e.g., hiQ Labs v. LinkedIn) suggest scraping publicly available data is permissible unless it violates terms of service or contractual restrictions.
Key Regulations for Web Scraping in Delaware
- Delaware Uniform Trade Secrets Act (6 Del. C. § 2001-2009): Scraping proprietary or confidential business data without authorization may constitute misappropriation, exposing violators to injunctions and damages under state law.
- Computer Fraud and Abuse Act (CFAA): Excessive scraping that exceeds authorized access to a website’s servers (e.g., bypassing rate limits) could trigger federal liability, particularly if the site’s terms prohibit automated access.
- Delaware Personal Data Privacy Act (effective 2026): Requires businesses scraping personal data to obtain opt-in consent from Delaware residents, with penalties up to $7,500 per violation for non-compliance.