Title 13, Commerce and Trade

13-58-401. Termination or nonrenewal of agreement -- Notice -- Repurchase obligations. (1) Except as provided in Section 13-58-402, a manufacturer or distributor may not terminate or fail to renew an agreement with a motorboat dealer unless: (a) the motorboat dealer defaults as d…

13-58-402. Termination without time to cure. A manufacturer or distributor may terminate an agreement with a motorboat dealer upon written notice and without a cure period described in Section 13-58-302, if: (1) the motorboat dealer: (a) financially defaults to the manufacturer, …

13-59-101. Title. This chapter is known as the "Health Care Consumer Protection Act."

13-59-102. Definitions. As used in this chapter: (1) "Enrollee" means the same as that term is defined in Section 31A-1-301. (2) "Health benefit plan" means the same as that term is defined in Section 31A-1-301. (3) "Health care provider" means a person licensed to provide health…

13-59-201. Misrepresentation of health insurance coverage. (1) A health care provider or a health care provider's representative may not represent to an enrollee that the health care provider is a contracted provider under the enrollee's health benefit plan if the health care pro…

13-60-101. Title. This chapter is known as the "Genetic Information Privacy Act."

13-60-102. Definitions. As used in this part: (1) "Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva. (2) "Consumer" means an individual who is a resident of the state. (3) "Deidentified data" means data that: (a) cannot r…

13-60-103. Limitations. This part does not apply to: (1) protected health information that is collected by a covered entity or business associate as those terms are defined in 45 C.F.R. Parts 160 and 164; (2) a public or private institution of higher education; or (3) an entity o…

13-60-104. Consumer genetic information -- Privacy notice -- Consent -- Access -- Deletion -- Destruction. (1) A direct-to-consumer genetic testing company shall: (a) provide to a consumer: (i) essential information about the company's collection, use, and disclosure of genetic d…

13-60-105. Prohibited disclosures. A direct-to-consumer genetic testing company may not disclose a consumer's genetic data without the consumer's written consent to: (1) an entity that offers health insurance, life insurance, or long-term care insurance; or (2) an employer of the…

13-60-106. Enforcement powers of the attorney general. (1) The attorney general may enforce this part. (2) The attorney general may initiate a civil enforcement action against a person for violating this part. (3) In an action to enforce this part, the attorney general may recove…

13-60-203. Definitions. As used in this part: (1) "Blood relative" means an individual's biologically related: (a) parent; (b) grandparent; (c) child; (d) grandchild; (e) sibling; (f) uncle; (g) aunt; (h) nephew; (i) niece; or (j) first cousin. (2) "DNA" means: (a) deoxyribonucle…

13-60-204. Restrictions on employers. (1) Except as provided in Subsection (2), an employer may not in connection with a hiring, promotion, retention, or other related decision: (a) access or otherwise take into consideration private genetic information about an individual; (b) r…

13-60-205. Restrictions on health insurers. (1) Except as provided in Subsection (2), an insurer offering health care insurance may not in connection with the offer or renewal of an insurance product or in the determination of premiums, coverage, renewal, cancellation, or any oth…

13-60-206. Private right of action. (1)(a) An individual whose legal rights arising under this part have been violated after June 30, 2003, may recover damages and be granted equitable relief in a civil action. (b) Subsection (1)(a) does not create a legal right prior to the Legi…

13-60-207. Enforcement. (1) Whenever the attorney general has reason to believe that any person is using or is about to use any method, act, or practice in violation of the provisions of this part, and that proceedings would be in the public interest, the attorney general may bri…

13-61-101. Definitions. As used in this chapter: (1) "Account" means the Consumer Privacy Restricted Account established in Section 13-61-403. (2) "Affiliate" means an entity that: (a) controls, is controlled by, or is under common control with another entity; or (b) shares commo…

13-61-101. Definitions. As used in this chapter: (1) "Account" means the Consumer Privacy Restricted Account established in Section 13-61-403. (2) "Affiliate" means an entity that: (a) controls, is controlled by, or is under common control with another entity; or (b) shares commo…

13-61-102. Applicability. (1) This chapter applies to: (a) any controller or processor who: (i)(A) conducts business in the state; or (B) produces a product or service that is targeted to consumers who are residents of the state; (ii) has annual revenue of $25,000,000 or more; an…

13-61-102. Applicability. (1) This chapter applies to any controller or processor who: (a)(i) conducts business in the state; or (ii) produces a product or service that is targeted to consumers who are residents of the state; (b) has annual revenue of $25,000,000 or more; and (c)…

13-61-103. Preemption -- Reference to other laws. (1) This chapter supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a local political subdivision regarding the processing of personal data by a controller or processor. (2) Any reference to fe…

13-61-201. Consumer rights -- Access -- Deletion -- Portability -- Opt out of certain processing. (1) A consumer has the right to: (a) confirm whether a controller is processing the consumer's personal data; and (b) access the consumer's personal data. (2) A consumer has the righ…

13-61-202. Exercising consumer rights. (1) A consumer may exercise a right by submitting a request to a controller, by means prescribed by the controller, specifying the right the consumer intends to exercise. (2) In the case of processing personal data concerning a known child, …

13-61-203. Controller's response to requests. (1) Subject to the other provisions of this chapter, a controller shall comply with a consumer's request under Section 13-61-202 to exercise a right. (2)(a) Within 45 days after the day on which a controller receives a request to exer…

13-61-301. Responsibility according to role. (1) A processor shall: (a) adhere to the controller's instructions; and (b) taking into account the nature of the processing and information available to the processor, by appropriate technical and organizational measures, insofar as r…

13-61-302. Responsibilities of controllers -- Transparency -- Purpose specification and data minimization -- Consent for secondary use -- Security -- Nondiscrimination -- Nonretaliation -- Nonwaiver of consumer rights. (1)(a) A controller shall provide consumers with a reasonably…

13-61-303. Processing deidentified data or pseudonymous data. (1) The provisions of this chapter do not require a controller or processor to: (a) reidentify deidentified data or pseudonymous data; (b) maintain data in identifiable form or obtain, retain, or access any data or tec…

13-61-304. Limitations. (1) The requirements described in this chapter do not restrict a controller's or processor's ability to: (a) comply with a federal, state, or local law, rule, or regulation; (b) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena,…

13-61-305. No private cause of action. A violation of this chapter does not provide a basis for, nor is a violation of this chapter subject to, a private right of action under this chapter or any other law.

13-61-401. Investigative powers of division. (1) The division shall establish and administer a system to receive consumer complaints regarding a controller's or processor's alleged violation of this chapter. (2)(a) The division may investigate a consumer complaint to determine wh…

13-61-402. Enforcement powers of the attorney general. (1) The attorney general has the exclusive authority to enforce this chapter. (2) Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of t…

13-61-403. Consumer Privacy Restricted Account. (1) There is created a restricted account known as the "Consumer Privacy Account." (2) The account shall be funded by money received through civil enforcement actions under this chapter. (3) Upon appropriation, the division or the a…

13-61-404. Attorney general report. (1) The attorney general and the division shall compile a report: (a) evaluating the liability and enforcement provisions of this chapter, including the effectiveness of the attorney general's and the division's efforts to enforce this chapter;…

13-61-501. Definitions. As used in this part: (1) "Connected device" means a consumer's mobile phone, tablet, or similar personal electronic device that connects to a motor vehicle through the in-vehicle interface for purposes of accessing the device's applications, contacts, or …

13-61-502. Motor vehicle manufacturer requirements. (1) Except as provided in Subsection (2), a motor vehicle manufacturer shall, for a motor vehicle with a model year 2030 or later, provide in-vehicle privacy controls that allow a consumer to: (a) view the categories of personal…

13-61-503. Exemptions for motor vehicle manufacturers. (1) A motor vehicle manufacturer may collect personal data for the purpose of improving the motor vehicle manufacturer's product if the motor vehicle manufacturer: (a) collects only the minimum personal data necessary to acco…

13-61-504. Motor Vehicle Division notification requirements. The Motor Vehicle Division, created in Section 41-1a-106, shall provide information on the division's website regarding the data privacy rights of motor vehicle owners under this part.

13-62-101. Definitions. As used in this chapter: (1) "Agent" means a person who is authorized to act on behalf of an owner with respect to a digital asset. (2) "Control" means: (a) an owner or an agent has the exclusive legal authority to conduct a transaction relating to the dig…

13-62-102. Ownership of digital assets. (1) Digital securities are intangible personal property and shall be considered securities and investment property for purposes of this chapter, Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities, and Title 70A, Chapter 9…

13-62-103. Protection of private keys. (1)(a) Except as provided in Subsection (1)(b), a person may not be compelled to produce a private key, or any components that allow the derivation of a private key, or make a private key known to any other person in any civil, criminal, adm…

13-64-101. Definitions. As used in this chapter: (1) "Administrative functions" means the same as that term is defined in Section 31A-6b-102. (2) "Agreement administrator" means a person who provides administrative functions related to a vehicle value protection agreement. (3) "C…

13-64-201. Vehicle value protection agreement -- Required disclosures -- Finance agreement conditions. (1) A person may not issue, sell, offer to sell, or otherwise provide a vehicle value protection agreement that does not comply with this chapter. (2) A vehicle value protection…

13-64-202. Liability insurance -- Security for payment -- Provider net worth value. (1) A provider under a vehicle value protection agreement shall: (a) insure all vehicle value protection agreements the provider enters into under a contractual liability insurance policy that: (i…

13-64-203. Preliminary period -- Cancellation -- Refund. (1)(a) A vehicle value protection agreement shall provide for a preliminary period of at least 30 days. (b) If a purchaser cancels a vehicle value protection agreement within the preliminary period, the purchaser is entitle…

13-64-301. Administration and enforcement -- Division powers -- Fees -- Rulemaking. (1) The division shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) In addition to the division's enforcement powers under Chapter 2, Divi…

13-65-101. Definitions. As used in this chapter: (1) "Advertiser" means a person who advertises the person's product, service, or website through the use of commercial email. (2) "Commercial email" means an email used primarily to: (a) advertise or promote a commercial website, p…