Definitions.

Sec. 3. As used in this act: (a) "Authorized integrator" means a third party that a dealer enters into a contractual relationship with to perform a specific function for the dealer that allows the third party to access protected dealer data or to write data to a dealer data system, or both, to carry out the specified function. (b) "Consumer data" means nonpublic personal information as that term is defined in 15 USC 6809. (c) "Cyber ransom" means to encrypt, restrict, or prohibit or threaten or attempt to encrypt, restrict, or prohibit a dealer's or an authorized integrator's access to protected dealer data to obtain payment not agreed to by the dealer or the authorized integrator in a written contract for services or goods. (d) "Dealer" means that term as defined in section 11 of the Michigan vehicle code, 1949 PA 300, MCL 257.11. (e) "Dealer data system" means a software, hardware, or firmware system that is owned, leased, or licensed from a third party by a dealer and includes a system of web-based applications, computer software, or computer hardware, located at the motor vehicle dealership or a remote location, that stores or provides access to protected dealer data including, but not limited to, dealership management systems and consumer relations management systems. (f) "Dealer data vendor" means a third-party dealer management system provider, third-party consumer relationship management system provider, or other third-party vendor providing similar services that permissibly stores protected dealer data under a contract with the dealer. (g) "Fee" means a charge for access to protected dealer data beyond any direct costs incurred by the dealer data vendor in providing protected dealer data access to an authorized integrator or allowing an authorized integrator to write data to a dealer data system. (h) "Manufacturer" means that term as defined in section 28 of the Michigan vehicle code, 1949 PA 300, MCL 257.28. (i) "Motor vehicle" means that term as defined in section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33. Motor vehicle does not include a bus, tractor, or farm equipment. (j) "Person" means an individual or a partnership, corporation, limited liability company, association, or other legal entity. (k) "Prior express written consent" means consent from a dealer contained in a document that is separate from any other consent, contract, franchise agreement, or other writing that contains both of the following: (i) The dealer's express consent to the data sharing and reasonable identification of the parties with whom the data may be shared. (ii) All details required by the dealer relating to the scope and nature of the data to be shared, including the data fields and the duration for which the sharing is authorized. (l) "Protected dealer data" means, except as otherwise provided in subdivision (m), any of the following types of data: (i) Personal, financial, or other data relating to a consumer that a consumer provides to a dealer or that a dealer otherwise obtains and that is stored in the dealer's dealer data system. (ii) Motor vehicle diagnostic data that is stored in a dealer data system. (iii) Other data regarding a dealer's business operations that is stored in the dealer data system. (m) Protected dealer data does not include data that is otherwise publicly available or that a manufacturer or third party obtains through another source. (n) "Required manufacturer data" means, except as otherwise provided in subdivision (o), any of the following types of data: (i) Data that is required to be obtained by the manufacturer under federal or state law. (ii) Data that is required to complete or verify a transaction between the dealer and the manufacturer. (iii) Motor vehicle diagnostic data. (iv) Data that is reasonably necessary, and used in compliance with the motor vehicle franchise act, 1981 PA 118, MCL 445.1561 to 445.1583, to do any of the following: (A) To satisfy a safety, recall, or other legal notice obligation. (B) To process and complete the sale and delivery of a new motor vehicle or a certified used motor vehicle to a consumer. (C) To validate and pay a consumer or dealer incentive. (D) For a claim for dealer-supplied services relating to warranty parts or repairs. (E) To evaluate a dealer's performance, including, but not limited to, a dealer's monthly financial statements, sales, service, or consumer satisfaction with the dealer through direct consumer contact or consumer surveys. (F) For dealer market analytics. (G) To identify the dealer that sold or leased a specific motor vehicle and the date of the transaction. (H) For marketing purposes designed for the benefit of or to direct leads to dealers. (I) To develop, evaluate, or improve the manufacturer's products or services. (o) Required manufacturer data does not include consumer data on a consumer credit application or a dealer's notes about a consumer that are not related to a transaction. (p) "Star standards" means the current applicable security standards published by the Standards for Technology in Automotive Retail. (q) "Third party" means a service provider, vendor, dealer data vendor, authorized integrator, or any person other than a dealer, a government entity acting under federal, state, or local law, an entity acting in accordance with a valid court order, a manufacturer, or an affiliate thereof.