GA Motor Vehicle Franchise Practices Act (5) Shall indemnify the dealer for any third-party claims asserted against or damages incurred by the dealer to the extent caused by access to, use of, or disclosure of consumer data in violation of this Code section by the franchisor, manufacturer, distributor, or affiliate thereof or a third party to whom the franchisor, manufacturer, or distributor has provided consumer data. (b) Nothing contained in this Code section shall limit the ability of a franchisor, manufacturer, distributor, or affiliate thereof to require that the dealer provide, or use in accordance with the law, such customer information related solely to such manufacturer’s or distributor’s own vehicle makes to the extent necessary to do any of the following: (1) Satisfy any safety or recall notice obligations or other legal notice obligations on the part of the manufacturer; (2) Complete the sale and delivery of a new motor vehicle to a customer; (3) Validate and pay customer or dealer incentives; (4) Submit to the franchisor, manufacturer, or distributor claims for any services supplied by the dealer for any claim for warranty parts or repairs; (5) Market analysis; (6) Evaluate sales and service customer satisfaction with the dealer, including surveys; or (7) Reasonable marketing purposes that benefit the dealer. (c) In any cause of action against a franchisor, manufacturer, distributor or affiliate thereof for a violation of this Code section, the party bringing the action shall have the burden of proof .” 10-1-633. (a) As used in this Code Section, the term: (1) ‘Authorized integrator’ means a third party with whom a dealer has entered into a written contract to perform a specific function which requires such third party to access protected dealer data or write data to a dealer data system or both. (2) ‘Data access overcharge’ means any charge to a dealer or person authorized to perform integration that is greater than an amount which reimburses direct cost incurred by a dealer data systems vendor for integration. When a dealer data system vendor fails to disclose the direct costs of integration and provide documentation of costs, any direct costs sought to be reimbursed shall be considered a data access overcharge. (3) ‘Dealer data system’ means any software or hardware provided by a third party and used by a dealer in its business operations to store, process, or maintain protected dealer data. (4) ‘Dealer data systems vendor’ means any third party that stores protected dealer data pursuant to written contract with a dealer and shall include a dealer management system or customer relations management system provided by a third party. Such term shall not include a manufacturer, distributor, or affiliate subject to Code section 10-1-632. (5) ‘Integration’ means access by an authorized integrator to protected dealer data which does not require access to any copyright protected material but allows for access to all protected dealer data and which can be accomplished by any commercially reasonable means not otherwise in violation of this Code section. (6) ‘Prior express written consent’ means written consent provided by the dealer that is contained in a document separate from any other consent, contract , franchise agreement, or other writing and that specifically outlines a dealer’s consent for an unauthorized integrator to obtain protected dealer data, including the scope and duration of such consent, and may be unilaterally revoked by the dealer upon 30 days’ notice without cause and immediately with cause. (7) ‘ Protected dealer data’ means any of the following data that is stored in a dealer data system: (A) Personal, financial, or other data pertaining to a consumer that is provided to a dealer by a consumer (B) Motor vehicle diagnostic data; or (C) Any other data relating to the business operations of a dealer stored or maintained within a dealer data system. WWW.GADA.COM | 61
RkJQdWJsaXNoZXIy MTg3NDExNQ==