Section 1. Definitions.  

For purposes of this section, the term “online marketplace” means a person or entity that does both of the following: 

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 is advertised in this State or is offered to the public as available in this State. 
2. Provides, directly or indirectly, or maintains a platform for services by performing any of the following: 
   • (a) Providing a payment system that facilitates a transaction between two platform users.
   • (b) Transmitting or otherwise communicating the offer or acceptance of a transaction between two platform users.
   • (c) Owning or operating the electronic infrastructure or technology that brings two or more users together. 

Section 2: Regulation of Online Marketplace.  

A county or municipality may not:  

1. Regulate the operation of an online marketplace; or  
2. Require an online marketplace to provide personally identifiable information of its Internet platform users without an administrative subpoena or court order. 

Nothing in this subchapter prevents a state from regulating the operations of marketplaces for the purpose of public safety and tax collection.