ACCC makes Accredited Intermediary Rules9 Nov 2020

The ACCC has made amendments to the Consumer Data Right Rules. These amendments permit the use of accredited intermediaries to collect data, through an expansion of the rules relating to outsourced service providers. The amendments expand the Consumer Data Right system by allowing for accredited businesses to rely on other accredited businesses to collect Consumer Data Right data on their behalf, so they can provide goods and services to consumers.

The Competition and Consumer (Consumer Data Right) Amendment Rules (No. 2) 2020 (Accredited Intermediary Rules) commenced on 2 October 2020 and are available on the Federal Register of Legislation.

The Privacy Impact Assessment (PIA) for the Accredited Intermediary Rules and the ACCC’s response to the PIA are both available below.

Clarification on terminology for Collection Arrangement Rules

In June 2020, the ACCC released consultation rules for enabling the use of accredited intermediaries to collect data. The draft rules proposed collection with one party (the provider) collecting on behalf of the other party (the principal) under what was termed a Combined Accredited Person (CAP) arrangement. Following consultation, rules made on 1 October 2020 permit such collection not under a CAP arrangement but through extending the existing rules for outsourcing arrangements, with an accredited outsourced service provider collecting on behalf of a principal.