August 13, 2020

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August 13, 2020

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Consumer Data Right Draft Rules - Submissions Closing Soon

The deadline for submissions on the ACCC’s draft Competition and Consumer (Consumer Data) Rules 2019 (Draft Rules) is fast approaching. The ACCC is seeking feedback from community organisations, businesses and consumers on the approach and positions of the Draft Rules for the Consumer Data Right (CDR) regime until this Friday, 10 May 2019.

Key aspects of the Draft Rules (which are available on the ACCC’s website) include:

  • the three ways in which CDR data may be requested;
  • the requirements for consent to collect CDR data;
  • rules relating to the accreditation process; and
  • rules relating to the thirteen privacy safeguards for CDR data.

K&L Gates has previously blogged on the CDR in relation to the Australian Open Banking regime.

A quick recap: In May 2018, the Commonwealth Government committed to implement the CDR in line with the recommendations of the Review into Open Banking in Australia. The CDR is a competition and consumer reform which aims to give Australian consumers greater control over their data. It will allow a consumer to require a company, such as their bank, to share their data with another accredited service provider, such as another bank or a comparison site, for the purposes the consumer has authorised. The expectation is that this will create more choice for consumers and facilitate competition amongst providers.

The Draft Rules would be made under the proposed Treasury Laws Amendment (Consumer Data Right) Bill 2019 (Cth), which provides the framework for the CDR.

Although the CDR will initially apply to the banking sector followed by energy and telecommunications, the intention is that it will be rolled out economy-wide on a sector-by-sector basis, so now is a good time to become familiar with the proposed framework and to start planning for its potential effect on your organisation’s processes.

Rebecca Gill contributed to this piece.

Copyright 2020 K & L GatesNational Law Review, Volume IX, Number 127

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About this Author

Cameron Abbott, Technology, Attorney, Australia, corporate, KL Gates Law Firm
Partner

Mr. Abbott is a corporate lawyer who focuses on technology, telecommunications and broadcasting transactions. He assists corporations and vendors in managing their technology requirements and contracts, particularly large outsourcing and technology procurements issues including licensing terms for SAP and Oracle and major system integration transactions.

Mr. Abbott partners with his clients to ensure market leading solutions are implemented in to their businesses. He concentrates on managing and negotiating complex technology solutions, which...

+61.3.9640.4261
Rob Pulham Corporate Attorney K&L Gates
Special Counsel

Rob Pulham is an experienced corporate advisory and transactional lawyer with an active technology and privacy practice representing companies in the energy, manufacturing, mining, retail, health and financial services sectors, as well as government and not for profit organisations. He has extensive experience advising customers and vendors in the technology industry, with particular focus on software licensing, data privacy and protection, and systems integration projects. In his role as a senior corporate lawyer, Mr. Pulham reviews organisational policies and practices regarding data privacy to identify key risks, develops and implements strategies to mitigate privacy and cybersecurity risks, and advises clients in the investigation of, and response to, data breaches.

Mr. Pulham also serves as a strategic advisor to his clients, regularly advising on large outsourcing and technology procurement matters including negotiating software licensing terms with ERP and CRM vendors such as Oracle, SAP and Salesforce, and on major systems integration transactions. He advises his clients on all facets of their technology practices, procurement and needs, including key technology procurement requirements and licensing issues (acting for both customer and service provider clients), marketing and advertising in compliance with Australian competition and consumer laws, website content and terms of use, and general commercial intellectual property and software licensing matters.

61-3-9640-4414