Use of protected dealer data by manufacturer; imposition of costs; act of cyber ransom and unreasonable fees; prohibition; applicability to right to obtain, use, or control manufacturer data.

Sec. 11. (1) A manufacturer shall not access, share, sell, copy, use, transmit, or require a dealer to share or provide access to protected dealer data beyond the required manufacturer data without prior express written consent. (2) A manufacturer may charge a dealer the manufacturer's actual third-party costs for providing access to protected dealer data to a dealer, authorized integrator, or other third party if the manufacturer does both of the following: (a) Discloses the charge to the dealer in writing. (b) On written request by the dealer, provides to the dealer documentation that the charges were agreed to in writing by the dealer or provided for in the contract for services or goods. (3) A manufacturer and a third party shall not engage in an act of cyber ransom or take an action by contract, technical means, or any other means to prohibit or limit a dealer's ability to protect, store, copy, share, or use protected dealer data. (4) A manufacturer or a manufacturer's selected third party shall not require a dealer to pay an unreasonable fee for sharing required manufacturer data if all of the following apply: (a) The manufacturer requires the dealer to provide the required manufacturer data through a specific third party that the manufacturer selects. (b) The required manufacturer data is in a format that is compatible with the file format required by the manufacturer. (c) The third-party vendor satisfies or is in compliance with the star standards or other generally accepted cybersecurity standards that are at least as comprehensive as the star standards. (5) Unless otherwise provided in this section or section 21, this act does not restrict or limit a manufacturer's right to obtain, use, or control required manufacturer data or use or control data that is proprietary to the manufacturer, created by the manufacturer, obtained from a source other than the dealer, or that is public information.