§ 13-73-203 — Dealer data vendors -- Authorized integrators -- Requirements.

(1) (1)(a) A dealer data vendor shall adopt and make available to a franchisee and authorized integrator in a standardized framework:
(1)(a)(i) the exchange, integration, and sharing of data between a dealer data system and an authorized integrator; and
(1)(a)(ii) the retrieval of data by an authorized integrator.
(1)(b) The standardized framework described in Subsection (1)(a) shall comply with STAR standards or other generally accepted standards.
(2) (2)(a) Except as provided in Subsection (2)(b), a dealer data vendor shall provide to an authorized integrator access to open application programming interfaces for the standardized framework described in Subsection (1) that meet the reasonable commercial or technical standard for secure data integration.
(2)(b) If the open application interfaces described in Subsection (2)(a) do not meet the reasonable commercial or technical standard for secure data integration, a dealer data vendor may provide to an authorized integrator a similar open access integration method that:
(2)(b)(i) provides the same or better access to an authorized integrator as an application programming interface; and
(2)(b)(ii) uses the standardized framework described in Subsection (1).
(3) A dealer data vendor and an authorized integrator:
(3)(a) may access, use, store, or share protected dealer data or any other data from a dealer data system only to the extent allowed in the written agreement with the franchisee;
(3)(b) shall, upon a franchisee's request, provide the franchisee with a list of all persons:
(3)(b)(i) with whom the dealer data vendor or authorized integrator is sharing, or has shared, protected dealer data; or
(3)(b)(ii) to whom the dealer data vendor or authorized integrator has allowed or is allowing access to protected dealer data; and
(3)(c) shall allow a franchisee to audit the dealer data vendor's or authorized integrator's access to and use of protected dealer data.
(4) A franchisee may terminate an agreement between a dealer data vendor or authorized integrator and the franchisee relating to access to, sharing of, selling of, copying, using, or transmitting protected dealer data upon 90 days' notice.
(5) (5)(a) If a dealer data vendor or authorized integrator receives a franchisee's notice described in Subsection (4), the dealer data vendor or authorized integrator shall ensure a secure transition of all protected dealer data to a successor dealer data vendor or successor authorized integrator.
(5)(b) In fulfilling the dealer data vendor's or authorized integrator's duties under Subsection (5)(a), a dealer data vendor or authorized integrator shall:
(5)(b)(i) provide access to or an electronic copy of all protected dealer data and all other data stored in the dealer data system in:
(5)(b)(i)(A) a commercially reasonable time; and
(5)(b)(i)(B) a format that the successor dealer data vendor or successor authorized integrator can access and use; and
(5)(b)(ii) before the agreement terminates, delete or return to the franchisee all protected dealer data pursuant to the franchisee's written directions.

Legislative History

Enacted by Chapter 212, 2024 General Session