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Can I accept payments online without violating payment processing laws in Delaware? What are the requirements?

Requirements for accepting payments online in Delaware

To accept payments online in Delaware, you must comply with the following requirements:

  1. Obtain a license from the State Bank Commissioner [1.1][1.3][2.3].
  2. Participate in any automated system involving one or more other states that will facilitate any aspect of the application and licensing processes of this chapter [1.1][2.1].
  3. Establish any additional requirements for a license under this chapter that the Commissioner determines are necessary for participation in the system [1.1][2.3].
  4. Establish any additional investigation fees, any fees paid directly to the administrator of the system, or any other fee required by the system to process an application or maintain a license, in such amount as the Commissioner determines is necessary to participate in the system [1.1][1.4].
  5. Act on behalf of the Commissioner to collect from the applicants and licensees subject to the system any payments due the Commissioner under this chapter, to collect information and maintain records in electronic or other format relating to those applicants and licensees, and to submit fingerprints and any other information required for a criminal history background check to the Federal Bureau of Investigation or other law-enforcement agency [1.1][2.1].
  6. Maintain appropriate confidentiality, privacy, data security, and security breach notification policies that are in full compliance with Delaware law [1.1][2.1].
  7. Make its privacy policy conspicuously available on its internet website, online or cloud computing service, online application, or mobile application [3.1].
  8. Identify the categories of personally identifiable information that the operator collects through the internet website, online or cloud computing service, online application, or mobile application about users of its commercial internet website, online or cloud computing service, online application, or mobile application and the categories of third-party persons with whom the operator may share that personally identifiable information [3.1].
  9. Provide a description of the process by which the operator maintains a process for a user of the internet website, online or cloud computing service, online application, or mobile application to review and request changes to any of that user’s personally identifiable information that is collected through the internet website, online or cloud computing service, online application, or mobile application [3.1].
  10. Describe the process by which the operator notifies users of its commercial internet website, online or cloud computing service, online application, or mobile application of material changes to the operator’s privacy policy for that internet website, online or cloud computing service, online application, or mobile application [3.1].
  11. Identify the effective date of the privacy policy [3.1].
  12. Disclose how the operator responds to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personally identifiable information about a user’s online activities over time and across third-party internet websites, online or cloud computing services, online applications, or mobile applications, if the operator engages in that collection [3.1].
  13. Disclose whether other parties may collect personally identifiable information about a user’s online activities over time and across different internet websites, online or cloud computing services, online applications, or mobile applications when a user uses the operator’s internet website, online or cloud computing service, online application, or mobile application [3.1].

Conclusion

To accept payments online in Delaware, you must comply with the Delaware Online Privacy and Protection Act and the payment processing laws in Delaware. You must obtain a license from the State Bank Commissioner and comply with the requirements listed above.

Source(s):
Jurisdiction

Delaware