Oklahoma § 47-564.3 - Dealer management system providers—Authorized actions—

Full text of Oklahoma Oklahoma Statutes § 47-564.3 — Dealer management system providers—Authorized actions—, with citation guidance and answers to common questions.

§ 47-564.3. Dealer management system providers—Authorized actions—

Restrictions—Authorized integrators.

A. As used in this section:

1. "Access fee" means a requirement to pay money for access to

protected dealer data that is in addition to an amount specified in

a written and executed contract for goods and services;

2. "Authorized integrator" means a person who a dealer has a

contractual relationship with or the dealer otherwise gives express

written authorization to have access to protected dealer data stored

on a dealer data system or to write protected dealer data to the

dealer data system for the purpose of performing a specific function

for the dealer;

3. "Dealer data system" means software, hardware, or firmware

that a dealer leases or rents from a dealer management system

provider for the purpose of storing protected dealer data;

4. "Dealer management system provider" means a person who, for

compensation, maintains and provides access to a dealer data system

in which a dealer stores protected dealer data;

5. "Protected dealer data" means:

consumer data that a dealer generated or that the

consumer provided to the dealer that is not otherwise

publicly available and the consumer has not otherwise

provided consent or acknowledgment to share the

information, and

any other dealer data in connection with the dealer's

daily business operations in which a dealer has rights

in a dealer data system; and

6. Authorized integrator and dealer management system provider

do not include:

a factory or any entity that acts on behalf of, a

factory, including any subsidiary or affiliate of a

factory, or

a governmental body or other person that is acting in

accordance with federal, state, or local law, or a

valid court order.

B. A dealer management system provider may:

1. Condition access and ability of a dealer or authorized

integrator to receive, share, copy, use, write, or transmit

protected dealer data from or to a dealer data system on the

Oklahoma Statutes - Title 47. Motor Vehicles

dealer's or authorized integrator's compliance with commercially

reasonable data security standards;

2. Require an authorized integrator to have express written

authorization from a dealer before allowing the authorized

integrator to gain access to, receive, share, copy, use, or transmit

protected dealer data; and

3. Deny access to a dealer data system to a dealer if the

dealer fails to pay an amount due to the dealer management system

provider under a lease, contract, or other agreement concerning the

dealer's access to or use of the dealer data system.

C. Except as provided in subsection B of this section, a dealer

management system provider shall not take any action that would

limit or prohibit the ability of a dealer or an authorized

integrator to receive, protect, store, copy, share, or use protected

dealer data using means that include, but are not limited to:

1. Imposing an access fee on a dealer or authorized integrator;

and

2. Restricting a dealer or an authorized integrator from

sharing protected dealer data or writing data or having access to a

dealer data system. Prohibited restrictions pursuant to this

paragraph include, but are not limited to:

limits on the scope or nature of protected dealer data

to which a dealer or authorized integrator has access

or may share or write to a dealer data system, and

a requirement for a dealer or authorized integrator to

provide sensitive or confidential business information

or information that a dealer or authorized integrator

uses for competitive purposes in return for access to

protected dealer data or an authorization to share or

write protected dealer data to a dealer data system.

D. Except as otherwise provided in this section, any term or

condition of a contract with a dealer management system provider

that conflicts with the requirements set forth in subsection C of

this section is void and unenforceable to the extent of the

conflict.

E. An authorized integrator shall:

1. Obtain express written authorization from a dealer before

gaining access to, receiving, sharing, copying, using, writing, or

transmitting protected dealer data;

2. Comply with security standards in gaining access to,

receiving, sharing, copying, using, writing, or transmitting

protected dealer data; and

3. Allow a dealer to withdraw, revoke, or amend any express

written authorization the dealer provides under paragraph 1 of this

subsection:

Oklahoma Statutes - Title 47. Motor Vehicles

at the sole discretion of the dealer, if the dealer

gives a thirty-day prior notice to an authorized

integrator, or

immediately, for good cause.

F. 1. This section does not prevent a dealer, a dealer

management system provider, or an authorized integrator from

discharging the obligations of a dealer, dealer management system

provider, or of an authorized integrator under federal, state, or

local law to secure and prevent unauthorized access to protected

dealer data, or from limiting the scope of the obligations, in

accordance with federal, state, or local law.

2. A dealer management system provider is not liable for any

action that a dealer takes directly with respect to securing or

preventing unauthorized access to protected dealer data, or for

actions that an authorized integrator takes in appropriately

following the written instructions of the dealer for securing or

preventing unauthorized access to protected dealer data, to the

extent that the actions prevent the dealer management system

provider from meeting a legal obligation to secure or prevent

unauthorized access to protected dealer data.

3. A dealer is not liable for any action that an authorized

integrator takes directly with respect to securing or preventing

unauthorized access to protected dealer data, or for actions that

the authorized integrator takes in appropriately following the

written instructions of the dealer for securing or preventing

unauthorized access to protected dealer data, to the extent that the

actions prevent the dealer from meeting a legal obligation to secure

or prevent unauthorized access to protected dealer data.

4. An authorized integrator is not liable for any action that a

dealer takes directly with respect to securing or preventing

unauthorized access to protected dealer data, or for actions that

the dealer takes in appropriately following the written instructions

of the authorized integrator for securing or preventing unauthorized

access to protected dealer data, to the extent that the actions

prevent the authorized integrator from meeting a legal obligation to

secure or prevent unauthorized access to protected dealer data.

5. A factory or any entity that acts on behalf of a factory,

including any subsidiary or affiliate of a factory, is not liable

for any action that a dealer, dealer management system provider,

authorized integrator, or other third party, except for a third

party who the manufacturer has provided the data to as provided for

in paragraph 7 of this subsection, takes directly with respect to

securing or preventing unauthorized access to protected dealer data

or for actions that an authorized integrator, dealer management

system provider, or other third party takes in appropriately

following the written instructions of the dealer for securing or

preventing unauthorized access to protected dealer data.

Oklahoma Statutes - Title 47. Motor Vehicles

6. Notwithstanding any other agreement, an authorized

integrator shall indemnify and hold the new motor vehicle dealer

harmless from any third-party claims asserted against or damages

incurred by the new motor vehicle dealer to the extent caused by

access to, use of, or disclosure of consumer data in violation of

this section.

7. Notwithstanding any other agreement, a factory or any entity

that acts on behalf of a factory, including any subsidiary or

affiliate of a factory, shall indemnify the dealer for any thirdparty claims asserted against or damages incurred by the dealer to

the extent the claims or damages are caused by the access to and

unlawful disclosure of protected dealer data resulting from a breach

caused by the manufacturer or distributor or a third party to which

the manufacturer or distributor has provided the protected dealer

data in violation of this section, the written consent granted by

the dealer, or other applicable state or federal law.

G. A factory or entity that acts on behalf of, a factory,

including any subsidiary or affiliate of a factory, may not prohibit

an Authorized Integrator that has satisfied or is compliant with

commercially reasonable data security standards and that the dealer

has identified as one of its authorized integrators from integrating

into the dealer's dealer data system or place an unreasonable

restriction on integration by an authorized integrator or other

third party that the dealer wishes to be an authorized integrator.

For the purposes of this subsection, "unreasonable restriction"

includes:

1. Imposing an access fee on a dealer or authorized integrator;

2. An unreasonable limitation or condition on the scope or

nature of the data that is shared with an authorized integrator;

3. An unreasonable limitation on the ability of the authorized

integrator to write data to a dealer data system;

4. An unreasonable limitation or condition on an authorized

integrator that accesses or shares protected dealer data or that

writes data to a dealer data system; and

5. Requiring unreasonable access to an authorized integrator's

sensitive, competitive, or other confidential business information

as a condition for accessing protected dealer data or sharing

protected dealer data with an authorized integrator.

Notwithstanding paragraph 1 of this subsection, a factory, or

entity that acts on behalf of a factory, including any subsidiary or

affiliate of a factory may charge a motor vehicle dealer or

authorized integrator for actual costs associated with modifications

to a franchisor’s electronic systems to enable a functional and

secure interface with the authorized integrator’s system and

software.

Added by Laws 2023, c. 29, § 1, eff. Nov. 1, 2023. Amended by Laws

2025, c. 119, § 3, eff. Nov. 1, 2025.

Oklahoma Statutes - Title 47. Motor Vehicles

§47-564v1. Licenses.

A. It shall be unlawful for any person, firm, association,

corporation, partnership, trust, joint venture, or common entity

thereof, to engage in business as, or serve in the capacity of, or

act as a new motor vehicle dealer, powersports dealer, or

manufacturer or distributor of new motor vehicles or powersports

vehicles, or factory branch, distributor branch or factory

representative or distributor representative, as defined in Section

562 of this title, in this state without first obtaining a license

therefor as provided for by law. Any person, firm, association,

corporation, partnership, trust, joint venture, or common entity

thereof, engaging in more than one of such capacities or having more

than one place where such business is carried on or conducted in

this state shall be required to obtain and hold a current license

for each thereof. Provided that, a new motor vehicle dealer's

license shall authorize one person to sell in the event such person

shall be the owner of a proprietorship, or the person designated as

principal in the dealer's franchise or the managing officer or one

partner if no principal person is named in the franchise. It is

further provided that a factory shall not be permitted to engage in

the activities of a dealer as defined in paragraph 2 of Section 562

of this title or to be licensed as a new motor vehicle dealer in

this state, except as provided by subparagraph b of paragraph 12 of

Section 565 of this title.

B. Applications for licenses required to be obtained under the

provisions of Section 561 et seq. of this title shall be verified by

the oath or affirmation of the applicant and shall be on forms

prescribed by the Oklahoma New Motor Vehicle Commission and

furnished to the applicants, and shall contain information as the

Commission deems necessary to enable it to fully determine the

qualifications and eligibility of the several applicants to receive

the license or licenses applied for. The Commission shall require

in such application, or otherwise, information relating to the

applicant's current financial standing, the applicant's business

integrity, whether the applicant has an established place of

business and is primarily engaged in the pursuit, avocation, or

business for which a license, or licenses, are applied for, and

whether the applicant is able to properly conduct the business for

which a license, or licenses, are applied for, and such other

pertinent information consistent with the safeguarding of the public

interest and the public welfare. All applications for license or

licenses shall be accompanied by the appropriate fee or fees

therefor in accordance with the schedule thereof hereinafter set

out. In the event any application is denied and the license applied

for is not issued, the entire license fee shall be returned to the

applicant. All licenses issued under the provisions of Section 561

Oklahoma Statutes - Title 47. Motor Vehicles

et seq. of this title shall expire on June 30, following the date of

issue and shall be nontransferable. All applications for renewal of

a license for a new motor vehicle dealer, powersports dealer,

manufacturer, distributor, or manufacturer's or distributor's

representative shall be submitted by June 1 of each year, and such

license or licenses will be issued by July 1. If applications have

not been made for renewal of licenses at the times described in this

subsection, it shall be illegal for any person to represent himself

or herself and act as a dealer, manufacturer, distributor, or

manufacturer's or distributor's representative. Service Oklahoma

and licensed operators will be notified not to accept such dealers'

titles until such time as licenses have been issued by the

Commission.

C. The schedule of license fees to be charged and received by

the Commission for the licenses issued hereunder shall be as

follows:

1. For each factory branch or distributor branch, Four Hundred

Dollars ($400.00) initial fee with annual renewal fee of Three

Hundred Dollars ($300.00);

2. For each manufacturer or distributor of new motor vehicles

or new powersport vehicles, Four Hundred Dollars ($400.00) initial

fee with annual renewal fee of Three Hundred Dollars ($300.00);

3. For each factory representative or distributor

representative, One Hundred Dollars ($100.00) annually;

4. For each new motor vehicle dealer, except powersports

vehicle dealers, initial fee of Three Hundred Dollars ($300.00) per

franchise sold at each location licensed, with an annual renewal fee

of One Hundred Dollars ($100.00) per franchise sold at each location

licensed per year; and

5. For each powersports vehicle dealer, initial fee of Three

Hundred Dollars ($300.00) per manufacturer represented by the dealer

at each location licensed, with an annual renewal fee of One Hundred

Dollars ($100.00) per manufacturer represented by the dealer at each

location licensed per year.

D. The licenses issued to each new motor vehicle dealer, new

powersports vehicle dealer, manufacturer, distributor, factory

branch, or distributor branch shall specify the location of the

factory, office, or branch thereof. In case such location is

changed, the Commission may endorse the change of location on the

license without charge unless the change of address triggers a

relocation of a new motor vehicle dealer or new powersports vehicle

dealer pursuant to the provisions of Section 578.1 of this title.

The licenses of each new vehicle dealer shall be posted in a

conspicuous place in the dealer's place or places of business.

Every motor vehicle factory representative or distributor

representative shall physically possess the license when engaged in

business and shall display such upon request. The name of the

Oklahoma Statutes - Title 47. Motor Vehicles

employer of such factory representative or distributor

representative shall be stated on the license.

E. The new powersports dealer license shall only allow the sale

of the specific types of powersports vehicles authorized by the

manufacturer and agreed to by the powersports dealer.

Added by Laws 1953, p. 181, § 4, emerg. eff. May 26, 1953. Amended

by Laws 1959, p. 207, § 6, emerg. eff. July 16, 1959; Laws 1967, c.

251, § 6, emerg. eff. May 8, 1967; Laws 1969, c. 241, § 3, emerg.

eff. April 21, 1969; Laws 1977, c. 14, § 3, emerg. eff. March 18,

1977; Laws 1980, c. 85, § 10, eff. Jan. 1, 1981; Laws 1982, c. 239,

§ 1, emerg. eff. May 4, 1982; Laws 1985, c. 229, § 6, eff. Nov. 1,

1985; Laws 2001, c. 148, § 2, emerg. eff. April 30, 2001; Laws 2009,

c. 425, § 1, eff. Nov. 1, 2009; Laws 2013, c. 191, § 2, eff. Nov. 1,

2013; Laws 2019, c. 79, § 1, eff. Nov. 1, 2019; Laws 2023, c. 29, §

5, eff. Nov. 1, 2023; Laws 2024, c. 240, § 4, eff. Nov. 1, 2024;

Laws 2025, c. 119, § 2, eff. Nov. 1, 2025.

§47-564v2. Licenses.

A. It shall be unlawful for any person, firm, association,

corporation, or trust to engage in business as, or serve in the

capacity of, or act as a new motor vehicle dealer, powersports

vehicle dealer, or new motor vehicle manufacturer, or distributor ,

factory branch, distributor branch , factory representative, or

distributor representative, as defined in Section 562 of this title,

in this state without first obtaining a license therefor as provided

for by law. Any person, firm, association, corporation, or trust

engaging in more than one of such capacities or having more than one

place where such business is carried on or conducted in this state

shall be required to obtain and hold a current license for each

thereof. Provided that, a new motor vehicle dealer’s or powersports

vehicle dealer’s license shall authorize one person to sell without

the necessity of registering as a salesperson, so long as such

person is an owner of the dealership, or the person designated as

principal in the dealer’s franchise or the managing officer or one

partner if no principal person is named in the franchise. It is

further provided that a factory or an entity affiliated by any

ownership or control by the factory shall not be permitted to be

licensed as a new motor vehicle dealer in this state, except as

provided by subparagraph b of paragraph 12 of Section 565 of this

title.

B. Applications for licenses required to be obtained under the

provisions of Section 561 et seq. of this title shall be verified by

the oath or affirmation of the applicant and shall be on forms

prescribed by the Oklahoma New Motor Vehicle Commission and

furnished to the applicants, and shall contain information as the

Commission deems necessary to enable it to fully determine the

qualifications and eligibility of the several applicants to receive

Oklahoma Statutes - Title 47. Motor Vehicles

the license or licenses applied for. The Commission shall require

in such application, or otherwise, information relating to the

applicant’s current financial standing, the applicant’s business

integrity, the applicant’s criminal convictions or criminal or civil

court proceedings history, whether the applicant has an established

place of business and is primarily engaged in the pursuit,

avocation, or business for which a license, or licenses, are applied

for, and whether the applicant is able to properly conduct the

business for which a license, or licenses, are applied for, and such

other pertinent information consistent with the safeguarding of the

public interest and the public welfare. All applications for

license or licenses shall be accompanied by the appropriate fee or

fees therefor in accordance with the schedule thereof hereinafter

set out. In the event any application is denied and the license

applied for is not issued, the entire license fee shall be returned

to the applicant. All licenses issued under the provisions of

Section 561 et seq. of this title shall expire on June 30, following

the date of issue and shall be nontransferable. All applications

for renewal of a license for a new motor vehicle dealer, powersports

vehicle dealer, manufacturer, distributor, factory branch,

distributor branch, or manufacturer’s or distributor’s

representative shall be submitted by June 1 of each year, and such

license or licenses will be issued by July 1. If applications have

not been made for renewal of licenses at the times described in this

subsection, it shall be illegal for any person to represent himself

or herself and act as a dealer, manufacturer, distributor, or

manufacturer’s or distributor’s representative. Service Oklahoma

and licensed operators will be notified not to accept manufacturers’

statements or certificates of origin for unlicensed dealers until

such time as their licenses have been issued by the Commission.

C. The schedule of license fees to be charged and received by

the Commission for the licenses issued hereunder shall be as

follows:

1. For each manufacturer, distributor, factory branch, or

distributor branch of new motor vehicles or powersports vehicles,

Four Hundred Dollars ($400.00) initial fee with annual renewal fee

of Three Hundred Dollars ($300.00);

2. For each factory representative or distributor

representative, One Hundred Dollars ($100.00) annually;

3. For each new motor vehicle dealer, initial fee of Three

Hundred Dollars ($300.00) per franchise sold at each location

licensed, with an annual renewal fee of One Hundred Dollars

($100.00) per franchise sold at each location licensed per year; and

4. For each powersports vehicle dealer, initial fee of Three

Hundred Dollars ($300.00) per manufacturer represented by the dealer

at each location licensed, with an annual renewal fee of One Hundred

Oklahoma Statutes - Title 47. Motor Vehicles

Dollars ($100.00) per manufacturer represented by the dealer at each

location licensed per year.

D. The licenses issued to each new motor vehicle dealer, new

powersports vehicle dealer, manufacturer, distributor, factory

branch, or distributor branch shall specify the location thereof.

In case such location is changed, the Commission may endorse the

change of location on the license without charge unless the change

of address triggers a relocation of a new motor vehicle dealer or

new powersports vehicle dealer pursuant to the provisions of Section

578.1 of this title. The licenses shall be posted in a conspicuous

place in the licensee’s place or places of business.

Every representative of a factory or distributor shall

physically possess the license when engaged in business and shall

display such upon request. The name of the employer shall be stated

on the representative’s license.

E. The new powersports vehicle dealer license shall only allow

the sale of the specific types of powersports vehicles authorized by

the manufacturer and agreed to by the powersports dealer.