Sec. 209. Small business protections
349 words·~2 min read·
/bill/117/hr/8152/ih/section-209A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any covered entity or service provider that can establish that it met the requirements described in paragraph
(2)for the period of the 3 preceding calendar years (or for the period during which the covered entity has been in existence if such period is less than 3 years) shall— be exempt from compliance with sections 203(a)(4), 208(b)(1)–(3), (5)–(7), and 301(c); and at the covered entity’s sole discretion, have the option of complying with section 203(a)(2) by, after receiving a verified request from an individual to correct covered data of the individual under such section, deleting such covered data in its entirety instead of making the requested correction. The requirements of this paragraph are, with respect to a covered entity or a service provider and a period, the following: The covered entity or service provider’s average annual gross revenues during the period did not exceed $41,000,000. The covered entity or service provider, on average, did not annually collect or process the covered data of more than 200,000 individuals during the period beyond the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested service or product, so long as all covered data for such purpose is deleted or de-identified within 90 days. The covered entity or service provider did not derive more than 50 percent of its revenue from transferring covered data during any year (or part of a year if the covered entity has been in existence for less than 1 year) that occurs during the period. For purposes of this section, the term revenue as it relates to any covered entity that is not organized to carry on business for its own profit or that of their members, means the gross receipts the covered entity received in whatever form from all sources without subtracting any costs or expenses, and includes contributions, gifts, grants, dues or other assessments, income from investments, or proceeds from the sale of real or personal property. Nothing in this Act shall be construed to limit or diminish First Amendment freedoms to gather and publish information guaranteed under the Constitution.