§15-799A.3. Online marketplaces – High-volume seller information
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required.
A. Online marketplaces shall require that any high-volume third-party seller on the online marketplace's platform provide the online marketplace with the following information no later than ten
(10)calendar days after qualifying as a high-volume third-party seller on the platform:
1. A bank account number, or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third- party seller. Such bank account or payee information may be provided by the seller either:
a. to the online marketplace, or
b. to other third parties contracted by the online
marketplace to maintain such information, provided
that the online marketplace ensures that it can obtain
such information on demand from such other third
parties;
2. Contact information including:
a. if the high-volume third-party seller is an
individual, the individual's name, or
b. if the high-volume third-party seller is not an
individual, one of the following forms of contact
information:
(1)a copy of a valid government-issued
identification for an individual acting on behalf
of such seller that includes the individual's
name, or
(2)a copy of a valid government-issued record or tax
document that includes the business name and
physical address of such seller;
3. A business tax identification number or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number; and
4. A current working email address and phone number for the high-volume third-party seller.
B. An online marketplace shall:
1. Periodically, but not less than annually, notify any high- volume third-party seller on such online marketplace's platform of the requirement to keep any information collected under subsection A of this section current; and
2. Require any high-volume third-party seller on such online marketplace's platform to, not later than ten
(10)calendar days after receiving the notice under paragraph 1 of this subsection, electronically certify that:
a.
the high-volume third-party seller has provided any
changes to such information to the online marketplace,
if such changes have occurred,
b. there have been no changes to the high-volume third-
party seller's information, or
c. the high-volume third-party seller has provided any
changes to such information to the online marketplace.
C. In the event that a high-volume third-party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than ten
(10)calendar days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.
D. 1. The online marketplace shall:
a. verify the information collected under subsection A of
this section not later than ten
(10)calendar days
after such collection, and
b. verify any change to such information not later than
ten
(10)calendar days after being notified of such
change by a high-volume third-party seller under
subsection B of this section.
2. In the case of a high-volume third-party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.
E. Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.
F. An online marketplace shall implement and maintain reasonable security procedures and practices including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modification. Added by Laws 2022, c. 378, § 3, eff. Jan. 1, 2023.