Georgia Code
Part 1 - General Consideration
§ 10-1-622. Definitions

As used in this article, the term:
(.1) “Consumer data” means “nonpublic personal information” as such term is defined in 15 U.S.C. Section 6809(4) as it existed on January 1, 2019, that is:
Such term shall include, but shall not be limited to, dealership management systems and customer relations management systems.
(.2) “Data management system” means a computer hardware or software system that:
(A) Is owned, leased, or licensed by a dealer, including a system of web based applications, computer software, or computer hardware;
(B) Is located at the dealership or hosted remotely; and
(A) The dealer, if the dealer is a corporation, partnership, or other business organization; or
(B) All business assets used in connection with the dealer’s business pursuant to the franchise including, but not limited to, the dealership facilities, the franchise, inventory, accounts receivable, and good will if the dealer is an individual.
(A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark;
(B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale; and
(C) Any person, other than a person who finances the purchase or lease of motor vehicles, who is controlled by a franchisor or more than 10 percent owned by a franchisor, as that term is defined in subparagraphs (A) and (B) of this paragraph.
(8.1) “Line-make” is a collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer that are offered for sale, lease, or distribution pursuant to a common brand name or mark; provided, however:
(A) Multiple brand names or marks may constitute a single line-make, but only when included in a common dealer agreement and the manufacturer, distributor, or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and
(B) Motor vehicles bearing a common brand name or mark may constitute separate line-makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use.
(13.1) “Relevant market area” means the area located within an eight-mile radius of an existing dealership.
History. Code 1981, § 10-1-622 , enacted by Ga. L. 1993, p. 1585, § 2; Ga. L. 1999, p. 1194, § 1; Ga. L. 2005, p. 1233, § 1/SB 155; Ga. L. 2010, p. 988, § 2/HB 1072; Ga. L. 2015, p. 951, § 1/HB 393; Ga. L. 2015, p. 996, § 3C-3/SB 65; Ga. L. 2017, p. 774, § 10/HB 323; Ga. L. 2019, p. 517, § 1/SB 122; Ga. L. 2020, p. 493, § 10/SB 429.
The 2015 amendments. —
The first 2015 amendment, effective July 1, 2015, deleted “which has been sold to a dealer and” following “a motor vehicle” in paragraph (11). The second 2015 amendment, effective January 1, 2016, substituted “as defined in Code Section 11-1-201” for “as defined and interpreted in Code Section 11-1-203” at the end of paragraph (8).
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in paragraph (8.1).
The 2019 amendment, effective July 1, 2019, added paragraphs (.1) and (.2).
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “15 U.S.C. Section 6809(4)” for “15 U.S.C. s. 6809(4)” in paragraph (.1).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1999, capitalization was revised in paragraph (6).
Editor’s notes.
Ga. L. 2010, p. 988, § 1, not codified by the General Assembly, provides: “WHEREAS, the General Assembly desires to reaffirm the legislative findings and declarations set forth in Code Section 10-1-621 and to make changes to the Georgia Motor Vehicle Franchise Practices Act in an effort to promote the stability of franchised motor vehicle dealerships in this state, thereby maintaining necessary reliable services to the consuming public, maintaining full and fair competition among dealers in the public interest, and providing continued employment to the citizens of this state.”
Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides that: “(a) This Act shall be known and may be cited as the ‘Debtor-Creditor Uniform Law Modernization Act of 2015.’
“(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.”
Law reviews.
For annual survey on business corporations, see 64 Mercer L. Rev. 61 (2012).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 23 (2015).