Impact Of NYC's New Delivery Service Data Sharing Requirement

New York City recently amended its law governing third party delivery services, with the changes going into effect December 27, 2021. The revised law specifically permits restaurants to ask for customers' personal information from the delivery service. The delivery services, in turn, must tell consumers about the potential sharing "in a conspicuous manner" on its website and give people the ability to opt-out of such sharing. That notice needs to indicate that the person's information will be shared with the restaurant, and needs to identify the restaurant.

If requested by the restaurant, the delivery service will need to provide the information on customer-specific, monthly basis and in a "machine-readable format." Delivery services will need to scrub out anyone who has opted out. Restaurants who receive information from the delivery services under this new law cannot sell or otherwise share the information unless they have gotten express consent from the