(a) For purposes of this chapter:

(1) “County” means a county or any person or entity with authority to act on its behalf.

(2) “Data center” means a facility consisting of 1 or more buildings that has a primary purpose of providing for the storage, management, processing, or transmission of digital data, and that contains equipment such as routers, graphics processing units, servers, and switches.

(3) “Large-scale data center” means a data center that uses or is able to use 100 megawatts of power or more.

(4) “Nondisclosure agreement” means a contract, agreement, clause, term, condition, or understanding, whether verbal or written, that has the purpose or effect of restricting or prohibiting the disclosure of information, including confidentiality agreements, secrecy provisions, side letters, memoranda of understanding, or settlement agreements.

(b) A county may not enter into a nondisclosure agreement if the nondisclosure agreement restricts the county from disclosing information to the public about potential or actual large-scale data center development in the county.

(c) An agreement or contract, or a provision of an agreement or contract, that violates this section is against public policy and is void and unenforceable.

85 Del. Laws, c. 447, § 1;