Consumer Data Right update

Accredited intermediaries

The ACCC has amended the Consumer Data Right Rules to permit accredited intermediaries to collect data on behalf of third party data recipients, with consumer consent.

The ACCC and Treasury have made Competition and Consumer (Consumer Data Right) Amendment Rules (No. 2) 2020 (Accredited Intermediary Rules) which permit the use of accredited intermediaries to collect data through an expansion of the rules relating to outsourced service providers. The changes commenced on 2 October 2020.

The changed rules will, for example, allow an accredited business to use outsourced IT infrastructure and software of an accredited intermediary to connect to data holders’ APIs, rather than have to build their own.

Proposed changes to CDR Rules

The ACCC is seeking views on changes to the Competition and Consumer (Consumer Data Right) Rules 2020. These changes are intended to expand the Rules and allow for the entry of a greater number and type of businesses in Consumer Data Right.

Legislative Amendments

The Government is seeking stakeholder views on the exposure draft of amendments to Part IVD of the Competition and Consumer Act 2010 in relation to the operation of the Consumer Data Right (CDR) regime.

The amendments are directed at supporting the Government’s commitment to applying the CDR to key sectors of the economy, including Open Banking and in the energy sector.

The proposed technical amendments include provisions that clarify the scope of information that may be subject to the CDR regime; the operation of provisions specifying when data access may be chargeable; that the rules may determine whether or not outsourced service providers (OSPs) of accredited persons must themselves be accredited to collect CDR data; interactions between the rules and the Privacy Safeguards; the permitted types of data flows in relation to Gateways; and miscellaneous amendments addressing a range of minor drafting irregularities.

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David Jacobson

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.

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