(1) A franchisor or third party may not require a franchisee to grant to the franchisor, third party, or person acting on behalf of the franchisor or third party, direct or indirect access to the franchisee’s dealer data system.

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Terms Used In Utah Code 13-73-201

  • Dealer data system: means a software, hardware, or firmware system that is owned, leased, or licensed by a franchisee, that includes a system of web-based applications, computer software, or computer hardware, whether located at the franchisee's dealership or hosted remotely, and that stores or provides access to protected dealer data. See Utah Code 13-73-101
  • Franchisee: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
  • Franchisor: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
  • Other generally accepted standards: means security standards that are at least as comprehensive as STAR standards. See Utah Code 13-73-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • STAR standards: means the current, applicable security standards published by the Standards for Technology in Automotive Retail. See Utah Code 13-73-101
  • Third party: includes :
              (18)(b)(i) a service provider;
              (18)(b)(ii) a vendor, including a dealer data vendor and authorized integrator;
              (18)(b)(iii) a manufacturer acting in the capacity of a vendor, service provider, or dealer data vendor; or
              (18)(b)(iv) an affiliate of a manufacturer described in Subsection (18)(b)(iii). See Utah Code 13-73-101
(2) A franchisee may submit or push data or information to a franchisor or third party through an electronic file format or protocol if the electronic file format or protocol:

     (2)(a) is widely accepted; and
     (2)(b) complies with:

          (2)(b)(i) STAR standards; or
          (2)(b)(ii) other generally accepted standards.