Employee Monitoring Law Planner
Sources

Delaware Wiretapping and Electronic Surveillance Act (11 Del. C. chapter 24, subchapter I)

Law. Placed at Delaware. Read 30 Sep 2026; 2 provisions cited by the planner.

What does Del. Code tit. 11 2402 and 2401 require?

A person must not intentionally intercept, try to intercept, or procure another to intercept any wire, oral or electronic communication unless an exception applies. Also cited: 2401(8), business-extension exclusion: provider-furnished telephone equipment used in the ordinary course of business.

Del. Code tit. 11 2402(a)(1) and (c)(4)Intercept calls, conversations or electronic communications only as a party or with one party's prior consent

A person must not intentionally intercept, try to intercept, or procure another to intercept any wire, oral or electronic communication unless an exception applies. The exception open to private persons and businesses, 2402(c)(4), requires that the person is a party or that one party has given prior consent, and that the purpose is not a criminal or tortious act. The same rule applies to telephone, in-person and electronic communications. Penalty: class E felony and a fine of up to 10,000 dollars. 11 Del. C. 1335(a)(4), the violation of privacy offence in the criminal code, separately makes it a class A misdemeanour to intercept without the consent of all parties a message by telephone, telegraph, letter or other private means, including private conversation. The two provisions read differently; this framework records both and does not resolve which governs a given recording.

What a reviewer asks to see: Record of the party consent relied on for each monitoring programme run by people who are not parties (for example agents' acknowledgement of call monitoring); Legal review noting the all-party wording in 11 Del. C. 1335(a)(4) and the approach taken (for example announcing recording to all parties)
Where monitoring plans usually fall short: Monitoring by staff who are not parties and have no party's consent; Policy relying on one-party consent without addressing the 1335(a)(4) wording
Source: Delaware Wiretapping and Electronic Surveillance Act (11 Del. C. chapter 24, subchapter I), read 30 Sep 2026
Del. Code tit. 11 2401(8)Business-extension exclusion: provider-furnished telephone equipment used in the ordinary course of business

Telephone or telegraph equipment furnished to a subscriber by a wire or electronic communication service provider in the ordinary course of its business and used by the subscriber in the ordinary course of its business, or furnished by the subscriber for connection to the service and so used, is not an electronic, mechanical or other device, so using it is not an interception. Monitoring outside such equipment or outside the ordinary course of business needs a party's consent.

What a reviewer asks to see: Description of the telephone equipment used for monitoring and its business purpose
Where monitoring plans usually fall short: Separate recorders or software treated as provider-furnished equipment
Source: Delaware Wiretapping and Electronic Surveillance Act (11 Del. C. chapter 24, subchapter I), read 30 Sep 2026

Open the full text on compliance.theartofservice.com

See the specimen plan run Plan your own list