(a) A dealer shall maintain all original paper business records at its principal place of
business or branch location for at least 90 days after the purchase, sale, rental, or lease of a vehicle.
(1) After
the initial 90-day record retention period required pursuant to subdivision (a), a dealer may maintain the original paper business records at an
offsite storage location within California, provided that the original paper business records are retrievable and available for inspection by the
department upon three business days' notice and the original paper business records are stored in a manner that meets any applicable safeguard
requirements pursuant to 15 U.S.C. section
6801(b).
(2) A dealer may create an electronic copy of
an original paper business record at any time. After the initial 90-day record retention period required pursuant to subdivision (a), an electronic
copy of an original paper business record shall satisfy the record retention requirements of Section
272.00(b), Title 13,
California Code of Regulations, for the remainder of the three-year record retention period, provided the electronic record requirements in
subdivision (b)(1) through (b)(5) of this Section are satisfied.
(A) A dealer that makes an electronic copy of an
original paper business record that meets the requirements of subdivision (b)(1) through (b)(5) of this Section may dispose of the original paper
business record, provided that the original paper business record is disposed of in a manner that meets the requirements of Civil Code section
1798.81.
(b) A dealer may create an original electronic business record provided all
of the following requirements are satisfied:
(1) The electronic record is created in a non-alterable
format;
(2) The electronic record is retained in a format that permits the electronic record to be
readily accessible and retrievable;
(3) The electronic record is legible, complete and
accurate;
(4) The electronic record is retained in a manner that permits the electronic record to be
retrieved and made available to the department for inspection upon three business days' notice;
(5) Any
access device, server, network device, or any internal or external storage medium used for storing the electronic record has access controls and
physical security measures to protect the records from unauthorized access, viewing or alteration.
(c) Use of a third party to physically or electronically store business records shall not reduce a dealer's
responsibility to produce a business record when required.
(d) If a dealer has a branch location,
original paper business records relating to transactions that take place at that branch location may be maintained either at the branch location or
at the principal place of business.
