ACCC amends Consumer Data Right Rules

The ACCC has made some important amendments to the Consumer Data Right Rules, following consent from the Treasurer.

The new rules expand the types of consumers who can use the Consumer Data Right (CDR) to include more business customers. From 1 November 2021, the major banks will enable these customers to share their data with accredited data recipients when shopping around for better services.

“This significant package of amendments is designed to encourage participation in the Consumer Data Right by expanding its benefits to more businesses, including companies and partnerships,” ACCC Commissioner Sarah Court said.

The new rules also include provisions to improve the consumer experience and provide greater flexibility for participants’ business models.

“The new rules lay the foundation for the continued expansion of the Consumer Data Right in 2021, following the successful start of consumer data sharing in 2020,” Ms Court said.

“The rules will encourage increased participation in the Consumer Data Right, and new service offerings for consumers, while also ensuring that strong consumer protections continue to apply.”

The new version of the Consumer Data Right rules can be found on the Federal Register of Legislation website.

Background

The ACCC consulted on the draft Amendment Rules during September and October 2020. We received over 50 submissions from a broad range of stakeholders including banks, credit card providers, fintechs, industry bodies, and consumer and privacy advocates.

We consulted with the Office of the Australian Information Commissioner, Treasury, the Data Standards Body, and with the primary regulators in the banking sector – ASIC and APRA.

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. Further consideration will be given to those issues in light of the submissions provided by stakeholders during consultation.

The rule-making function will transfer from the ACCC to the Minister on 28 February 2021. The ACCC is working closely with the Treasury on these rules as part of the transfer of the CDR rule-making function moving from the ACCC to Treasury and the Minister.

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