(1) As used in this section: (a) "Online marketplace" means a website or digital platform that: (i) provides, for consideration, regardless of whether the consideration is deducted as a fee from a transaction, an online application, platform, program, software, system, website, or other medium through which a good or service is advertised in this state or is offered to the public as available in this state; and (ii) provides, directly or indirectly, a system that: (A) facilitates a transaction between two persons; (B) transmits or otherwise communicates the offer or acceptance of a transaction between two persons; or (C) allows two or more persons to communicate or connect with each other. (b) "Personal data" means information that is linked or can be reasonably linked to an identified person or an identifiable person. (2) Except as provided in Subsection (3), a municipality or county may not: (a) regulate the operation of an online marketplace; or (b) require an online marketplace to provide the personal data of the online marketplace's website or digital platform users without an administrative subpoena or court order. (3) Subsection (2) does not limit or prohibit a municipality or county from: (a) regulating a person who participates in a transaction facilitated by an online marketplace; (b) adopting or enforcing a short-term rental ordinance: (i) for a municipality, in accordance with Section 10-8-85.4; or (ii) for a county, in accordance with Section 17-50-338; (c) seeking cooperation from or submitting voluntary requests to an online marketplace; (d) enforcing Title 76, Utah Criminal Code; or (e) bringing a civil action to protect the municipality's or county's intellectual property.
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