# Transportation (GTR)

## Title 15. Vehicle Laws -- Licensing of Businesses and Occupations

### Subtitle 2. Manufacturers, Distributors, and Factory Branches

#### Section 15-207.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Consumer data" means nonpublic personal information, as defined in 15 U.S.C. Sec. 6809(4), collected by a dealer and provided by the dealer directly to a manufacturer, distributor, or factory branch, or its agent.

    (ii) "Consumer data" does not include the same or similar data that is obtained by a manufacturer from any other source.

  (3) "Data management system" means a computer hardware or software system that:

    (i) Is owned, leased, or licensed by a dealer, including a system of web-based applications;

    (ii) Is located at the dealership or hosted remotely; and

    (iii) Stores and provides access to consumer data collected and stored by the dealer.

(b) Notwithstanding the provisions of any franchise agreement, a manufacturer, distributor, or factory branch, or its agent:

  (1) Shall allow a dealer to furnish consumer data in a widely accepted file format, such as comma-separated values, and through a third-party vendor selected by the dealer;

  (2) May access or obtain consumer data directly from a dealer's data management system only with the express written consent of the dealer;

  (3) May not take any adverse action against a dealer for refusing to grant access to the dealer's data management system;

  (4) May require that a franchised dealer of the manufacturer, distributor, or factory branch provide consumer data or transactional data that pertains to:

    (i) Claims for warranty parts or repairs;

    (ii) Sales and deliveries of new or certified pre-owned vehicles of any line make of the manufacturer, distributor, or factory branch;

    (iii) Safety or recall obligations; or

    (iv) Validation and payment of customer or dealer incentives; and

  (5) Shall indemnify the dealer for any third-party claims asserted against or damages incurred by the dealer to the extent the claims of damages are caused by access to and unlawful disclosure of consumer data resulting from a breach caused by the manufacturer, distributor, or factory branch, or its agent, or a third party to which the manufacturer, distributor, or factory branch, or its agent, has provided the consumer data in violation of this section.

(c) A manufacturer, distributor, or factory branch, or its agent, may not require that a dealer grant the manufacturer, distributor, or factory branch, or its agent, access to the dealer's data management system through a franchise agreement or as a condition of renewal or continuation of the franchise agreement.

(d) Written consent under subsection (b)(2) of this section:

  (1) Shall be separate from the dealer franchise agreement;

  (2) Shall be executed by the dealer; and

  (3) May be withdrawn by the dealer on 30 days' written notice to the manufacturer, distributor, or factory branch.

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Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)