§437-52 Reciprocal rights and obligations among dealers, manufacturers, and distributors of motor vehicles. (a) A manufacturer or distributor shall not:
(b) Notwithstanding the provisions of any franchise agreement, a manufacturer or distributor shall not require a dealer to provide its consumer and proprietary data, or access the dealer's data management system to obtain consumer and proprietary data, unless written consent is provided by the dealer.
(c) Notwithstanding the provisions of any franchise agreement, a manufacturer or distributor:
(d) Written consent under subsection (c)(3):
(e) For purposes of this section:
"Consumer and proprietary data" means a dealer's customer and prospective customer information, customer lists, service files, transaction data, or other proprietary business information. "Consumer and proprietary data" does not include the same or similar data which is obtained by a manufacturer from any other source.
"Data management system" means a computer hardware or software system that is owned, leased, or licensed by a dealer, including a system of web-based applications, and is located at the dealership or hosted remotely, which stores and provides access to consumer and proprietary data collected and which is stored by the dealer or on behalf of a dealer. [L 2010, c 164, pt of §2; am L 2018, c 163, §4]