Employee Monitoring Law Planner
Sources

Delaware Code title 19 section 705 (monitoring of employee communications)

Law. Placed at Delaware. Read 30 Sep 2026; 3 provisions cited by the planner.

Del. Code tit. 19 705(b)Do not monitor telephone, email or internet use without a daily electronic notice or an acknowledged one-time notice

No employer, and no agent or representative of an employer, may monitor or otherwise intercept any telephone conversation or transmission, email or transmission, or internet access or usage of or by a Delaware employee unless the employer has given notice in one of two ways set out in (b)(1) and (b)(2).

What a reviewer asks to see: Inventory of telephone, email and internet monitoring or interception tools covering Delaware employees; For each tool, the notice route relied on (daily electronic notice or acknowledged one-time notice) and its evidence
Where monitoring plans usually fall short: Monitoring of Delaware remote workers overlooked because the employer's premises are elsewhere; Call recording or web proxy logging run with no notice route chosen
Source: Delaware Code title 19 section 705 (monitoring of employee communications), read 30 Sep 2026
Del. Code tit. 19 705(b)(1)Daily electronic notice on each day of access

The first route: provide an electronic notice of the monitoring or intercepting policies or activities to the employee at least once during each day the employee accesses the employer-provided email or internet access services.

What a reviewer asks to see: Screenshot of the log-on or daily banner text describing the monitoring; System configuration showing the banner is displayed at least once each day of access to email or internet services
Where monitoring plans usually fall short: Banner shown only at first log-on, not daily; Banner covers the corporate network but not webmail or mobile email access
Source: Delaware Code title 19 section 705 (monitoring of employee communications), read 30 Sep 2026
Del. Code tit. 19 705(b)(2)One-time notice acknowledged by the employee

The second route: first give the employee a one-time notice of the monitoring or intercepting activity or policies, in writing, in an electronic record or in another electronic form, and have the employee acknowledge it in writing or electronically.

What a reviewer asks to see: One-time monitoring notice text given to Delaware employees; Written or electronic acknowledgement from each employee, dated before monitoring began
Where monitoring plans usually fall short: Notice in the handbook with no individual acknowledgement; Acknowledgements missing for employees hired before the notice was introduced
Source: Delaware Code title 19 section 705 (monitoring of employee communications), read 30 Sep 2026

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