Montana Code Annotated 2021

TITLE 30. TRADE AND COMMERCE

CHAPTER 11. SALES

Part 7. Canceled Dealership Contracts Repurchase Requirements

Other Responsibilities And Restrictions

30-11-719. Other responsibilities and restrictions. All dealer data vendors and authorized integrators:

(1) may access, use, store, or share protected dealer data only to the extent permitted in the contract with the dealer;

(2) shall make any agreement regarding access to, sharing or selling of, copying, using, or transmitting protected dealer data terminable upon no more than 90 days' notice from the dealer;

(3) must, on notice of the dealer's intent to terminate its contract and in order to prevent any risk of consumer harm or inconvenience, work to ensure a secure transition of all protected dealer data to a successor dealer data vendor or authorized integrator, including but not limited to:

(a) providing unrestricted access to, or an electronic copy of, all protected dealer data and all other data stored in the dealer data system in a format that a successor dealer data vendor or authorized integrator can access and use; and

(b) deleting or returning to the dealer all protected dealer data prior to termination of the contract pursuant to any written directions of the dealer;

(4) shall provide a dealer, on request, with a listing of all entities with whom it is sharing dealer data or with whom it has allowed access to protected dealer data; and

(5) shall allow a dealer to audit the dealer data vendor's or authorized integrator's access to and use of any protected dealer data.

History: En. Sec. 3, Ch. 283, L. 2019.