Tenn. Code Ann. § 5-1-133: Prohibited regulation of online marketplace

(a) As used in this section, "online marketplace" means a person or entity that: (1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and (2) Directly or indirectly provides or maintains a platform for goods or services by performing the following: (A) Providing a payment system that facilitates a transaction between two (2) platform users; (B) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; (C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together; (D) Providing a virtual currency that users are allowed or required to use to transact; or (E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2). (b) A county, including a county with a metropolitan form of government, shall not: (1) Regulate the operation of an online marketplace; or (2) Require an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order. Added by 2021 Tenn. Acts, ch. 339, s 1, eff. 5/4/2021.

(a) As used in this section, "online marketplace" means a person or entity that: (1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and (2) Directly or indirectly provides or maintains a platform for goods or services by performing the following: (A) Providing a payment system that facilitates a transaction between two (2) platform users; (B) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; (C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together; (D) Providing a virtual currency that users are allowed or required to use to transact; or (E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2).

(1) Provides for consideration, regardless of whether the consideration is deducted as a fee from the transaction, an online application, software, website, system, or other medium, through which a good or service in this state is advertised or offered to the public as available; and

(2) Directly or indirectly provides or maintains a platform for goods or services by performing the following: (A) Providing a payment system that facilitates a transaction between two (2) platform users; (B) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users; (C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together; (D) Providing a virtual currency that users are allowed or required to use to transact; or (E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2)

between two (2) platform users; (C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together; (D) Providing a virtual currency that users are allowed or required to use to transact; or (E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2).

(A) Providing a payment system that facilitates a transaction between two (2) platform users;

(B) Transmitting or otherwise communicating the offer or acceptance of a transaction between two (2) platform users;

(C) Owning or operating the infrastructure, whether electronic or physical, or technology that brings two (2) or more users together;

(D) Providing a virtual currency that users are allowed or required to use to transact; or

(E) Providing software development or research and development activities related to any of the activities described in this subdivision (a)(2).

(b) A county, including a county with a metropolitan form of government, shall not: (1) Regulate the operation of an online marketplace; or (2) Require an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order.

(1) Regulate the operation of an online marketplace; or

(2) Require an online marketplace to provide personally identifiable information of users without an administrative subpoena or court order.