Does Delaware require RON-specific insurance?

It is not legally required by the state, but most DE notaries add RON coverage to their E&O policy for protection against digital errors.

What is the recording retention period in Delaware?

Delaware law requires that the audiovisual recording of a remote act be kept for ten years.

How do I verify a signer's identity in Delaware?

You must use two forms of identity proofing, typically credential analysis and KBA questions.

Delaware (DE)

Remote Online Notaries Professional Liability Insurance in Delaware

Delaware authorized Remote Online Notarization under 29 Del. C. § 4324, allowing notaries to perform acts for remotely located individuals using approved technology. The state mandates a two-step identity verification process—credential analysis and KBA—and requires notaries to maintain an audiovisual recording of every session for at least ten years. Delaware notaries performing RON are advised to carry Errors and Omissions insurance that specifically addresses the risks of electronic notarization and long-term digital record keeping.

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Remote Online Notaries in Delaware at a glance

Statutory Citation: 29 Del. C. § 4324
Identity Proofing: Two-Part Verification
Recording Retention: 10 years
Authority: Delaware Secretary of State

DE RON Statutes and Identity Verification

Delaware's RON laws enable notaries to serve signers globally, provided the notary is physically located in Delaware. The notary must verify the signer's identity using two-part identity proofing, which typically involves an automated check of a government-issued ID and a set of knowledge-based authentication (KBA) questions.

The communication technology used must be secure and allow for synchronous audio-video interaction. Delaware notaries must ensure their chosen RON platform complies with the technical standards established by the Secretary of State.

Delaware Recording Retention and Storage

A Delaware notary must ensure that a recording of each remote notarial act is created and stored for a period of ten years. This recording serves as a vital record of the transaction and must be protected against unauthorized tampering or deletion.

The responsibility for record retention falls squarely on the notary, even if they use a third-party platform for storage. If a platform goes out of business or suffers a data loss, the notary could face regulatory penalties, making the selection of a stable technology provider and insurance coverage essential.

Insurance for Delaware Remote Notaries

Professional liability insurance (E&O) is highly recommended for Delaware RONs to protect against errors in the digital process. Common risks include failure to properly verify identity through the KBA process or accidental deletion of a required recording.

Delaware notaries should verify that their E&O policy does not exclude 'remote' or 'electronic' acts. Special coverage for cyber liability may also be appropriate, given the sensitive personal data handled during the identity proofing and digital signing stages.

Remote Online Notaries FAQs for Delaware

General guidance, not legal advice. Confirm current rules with the Delaware Department of Insurance or talk with a licensed US Professional Insure agent.