The ACCC has amended the Consumer Data Right Rules to expand the types of consumers who can use the Consumer Data Right (CDR) to include more business customers from 1 November 2021.
The new requirements apply in respect of three particular classes of consumers:
- non-individuals (such as limited companies);
- business partnerships with a partnership account; and
- account holders with accounts with the data holder in respect of which another person has (or other persons have) account privileges.
Additional service requirements are designed to facilitate the sharing of consumer data by non-individuals, business partnerships and secondary account users.
The amendments require data holders to provide both non-individuals and business partnerships with a consumer data request service that enables these groups to nominate one or more individuals (such as an employee or a partner in a business partnership) to grant and revoke authorisations to disclose CDR data on their behalf.
The amendments also require data holders to provide a consumer data request service with the functionality that enables account holders to make or revoke an instruction that allows a secondary user of the account to share CDR data related to the account on and from 1 November 2021 for initial data holders in respect of their primary brands, and otherwise 1 November 2022 for all data holders.
From 1 July 2021, accredited persons may offer CDR consumers the functionality on the consumer dashboard to amend a consent.
These new rules do not include rules about tiers of accreditation, the disclosure of ‘insights’ derived from CDR data to any non-accredited person, or the sharing of data with trusted advisors.
The rule-making function will transfer from the ACCC to the Minister on 28 February 2021 following the passing of the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 which amended the Competition and Consumer Act.
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Author: David Jacobson
Principal, Bright Corporate Law
About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.