United States of America: Implemented Utah Motor Vehicle Consumer Data Protection Act (SB 215)

On 1 May 2024, the Utah Motor Vehicle Consumer Data Protection Act (SB215) entered into force. The Act outlines regulations governing the handling of dealer data within the automotive industry. The Act would prohibit franchisors or third parties from mandating franchisees to provide direct or indirect access to their dealer data systems, specifying accepted electronic file formats for data submission, and requiring written agreements for data processing assistance. Additionally, the Act imposes restrictions on accessing, sharing, selling, or using protected dealer data without prior written consent and prohibits unreasonable restrictions on franchisees regarding data protection. Franchisors are also restricted from requiring consent for participation in programs unless specific data is essential. The Act mandates indemnification for damages resulting from data protection violations and ensures termination rights for franchisees with a secure transition of data to successors.