The Rules Outline for the new Consumer Data Right (CDR) has been made available today, and sets out the ACCC’s position on what should be included in the rules that will govern the CDR.
“This is an important step towards making the Consumer Data Right a reality. The Consumer Data Right will initially apply to banking data, giving consumers and small businesses the choice to securely share data with trusted third parties,” ACCC Commissioner Sarah Court said.
“We expect the Consumer Data Right to open up a range of innovative and cheaper financial services to consumers because it will overcome some of the problems caused by the lack of transparency around current market offers and the concentration of consumer banking data in the hands of the banks.
“The rules outline will offer certainty to data holders and potential data recipients so they can continue to develop the reliable and secure systems and new product offerings ahead of the start of the CDR regime,” Ms Court said.
The Rules Outline follows consultation on the Rules Framework published in September.
“In the Rules Framework, the ACCC stated that we did not intend to address all potential issues in the first version of the Rules, but would instead seek to make rules on the matters that are essential to the commencement of the CDR in the banking sector. We have maintained this approach in the Rules Outline published today.”
“The ACCC looks forward to the introduction of the Consumer Data Right bill into Parliament next year and will be in a position to make the final Consumer Data Right Rules once the bill becomes law,” Ms Court said.
The Consumer Data Right Rules Outline can be found at Consumer data right.
Background
The Consumer Data Right is a competition and consumer reform announced by the Australian Government in May 2018. The consumer data right will be implemented first in the banking sector and then in the energy and telecommunications sectors.
The ACCC has the lead role in the implementation of the consumer data right but will be working closely with the Data Standards Body (hosted by Data61 at the CSIRO) and the Australian Information Commissioner (OAIC). The ACCC’s roles include rule-making, consumer education and enforcement.
The ACCC rules will be a key determinant of the data-sharing obligations in sectors covered by the CDR. Relevant CDR data will need to be shared in accordance with the data standards set by the Data Standards Body.
The OAIC has responsibilities in relation to dispute settlement and to ensure the adequacy of privacy protections in the CDR regime. The Data Standards Body will lead development of technical data standards. The ACCC will also have a role enforcing serious or systemic breaches of the consumer data right in line with its Compliance and Enforcement policy.