Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Legislative instruments
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Competition and Consumer (Consumer Data Right) Rules 2020
In force
Administered by
Department of the Treasury
This item is authorised by the following title:
Competition and Consumer Act 2010
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
F2020L00094
05 February 2020
-
18 June 2020
Legislation text
View document
Select value
Legislative instrument
Explanatory statement
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
Collapse
Division 1.1—Preliminary
1.1 Name
1.2 Commencement
1.3 Authority
Collapse
Division 1.2—Simplified outline and overview of these rules
1.4 Simplified outline of these rules
1.5 What these rules are about
1.6 Overview of these rules
Collapse
Division 1.3—Interpretation
1.7 Definitions
1.8 Data minimisation principle
1.9 Fit and proper person criteria
1.10 Meaning of outsourced service provider and CDR outsourcing arrangement
Collapse
Division 1.4—General provisions relating to data holders and to accredited persons
Collapse
Subdivision 1.4.1—Preliminary
1.11 Simplified outline of Division
Collapse
Subdivision 1.4.2—Services for making requests under these rules
1.12 Product data request service
1.13 Consumer data request service
Collapse
Subdivision 1.4.3—Services for managing consumer data requests made by accredited persons
1.14 Consumer dashboard—accredited person
1.15 Consumer dashboard—data holder
Collapse
Subdivision 1.4.4—Other obligations of accredited persons and accredited data recipients
1.16 Obligation relating to CDR outsourcing arrangements
Collapse
Subdivision 1.4.5—Deletion and de-identification of CDR data
1.17 CDR data de-identification process
1.17A Identification of otherwise redundant data that is not to be deleted
1.18 CDR data deletion process
Collapse
Part 2—Product data requests
2.1 Simplified outline of this Part
2.2 Making product data requests—flowchart
2.3 Product data requests
2.4 Disclosing product data in response to product data request
2.5 Refusal to disclose required product data in response to product data request
2.6 Use of data disclosed pursuant to product data request
Collapse
Part 3—Consumer data requests made by eligible CDR consumers
Collapse
Division 3.1—Preliminary
3.1 Simplified outline of this Part
3.2 How an eligible CDR consumer makes a consumer data request—flowchart
Collapse
Division 3.2—Consumer data requests made by CDR consumers
3.3 Consumer data requests made by CDR consumers
3.4 Disclosing consumer data in response to a valid consumer data request
3.5 Refusal to disclose required consumer data in response to consumer data request
Collapse
Part 4—Consumer data requests made by accredited persons
Collapse
Division 4.1—Preliminary
4.1 Simplified outline of this Part
4.2 Consumer data requests made by accredited persons—flowchart
Collapse
Division 4.2—Consumer data requests made by accredited persons
4.3 Request for accredited person to seek to collect CDR data
4.4 Consumer data requests by accredited persons
4.5 Data holder must ask eligible CDR consumer to authorise disclosure
4.6 Disclosing consumer data in response to a consumer data request
4.7 Refusal to disclose required consumer data in response to consumer data request
Collapse
Division 4.3—Consents to collect and use CDR data
Collapse
Subdivision 4.3.1—Preliminary
4.8 Purpose of Division
4.9 Object
Collapse
Subdivision 4.3.2—Consents and their duration and withdrawal
4.10 Requirements relating to accredited person’s processes for seeking consent
4.11 Asking CDR consumer to give consent to collect and use CDR data
4.12 Restrictions on seeking consent
4.13 Withdrawal of consent to collect and use CDR data and notification
4.14 Duration of consent to collect and use CDR data
Collapse
Subdivision 4.3.3—Information relating to de-identification of CDR data
4.15 Additional information relating to de-identification of CDR data
Collapse
Subdivision 4.3.4—Election to delete redundant data
4.16 Election to delete redundant data
4.17 Information relating to redundant data
Collapse
Subdivision 4.3.5—Notification requirements
4.18 CDR receipts
4.19 Updating consumer dashboard
4.20 Ongoing notification requirement—consents to collect and use CDR data
Collapse
Division 4.4—Authorisations to disclose CDR data
4.21 Purpose of Division
4.22 Requirements relating to data holder’s processes for seeking authorisation
4.23 Asking CDR consumer to give authorisation to disclose CDR data
4.24 Restrictions when asking CDR consumer to authorise disclosure of CDR data
4.25 Withdrawal of authorisation to disclose CDR data and notification
4.26 Duration of authorisation to disclose CDR data
4.27 Updating consumer dashboard
Collapse
Part 5—Rules relating to accreditation etc.
Collapse
Division 5.1—Preliminary
5.1 Simplified outline of this Part
Collapse
Division 5.2—Rules relating to accreditation process
Collapse
Subdivision 5.2.1—Applying to be accredited person
5.2 Applying to be an accredited person
Collapse
Subdivision 5.2.2—Consideration of application to be accredited person
5.3 Data Recipient Accreditor may request further information
5.4 Data Recipient Accreditor may consult
5.5 Criteria for accreditation—unrestricted level
5.6 Accreditation decision―accreditation number
5.7 Accreditation decision—notifying accreditation applicant
5.8 When accreditation takes effect
5.9 Default conditions on accreditation
5.10 Other conditions on accreditation
5.11 Notification to accredited person relating to conditions
Collapse
Subdivision 5.2.3—Obligations of accredited person
5.12 Obligations of accredited person at the “unrestricted” level
5.13 Accredited person must comply with conditions
5.14 Notification requirements
5.15 Provision of information to the Accreditation Registrar
Collapse
Subdivision 5.2.4—Transfer, suspension, surrender and revocation of accreditation
5.16 Transfer of accreditation
5.17 Revocation, suspension, or surrender of accreditation
5.18 Revocation of accreditation—process
5.19 Suspension of accreditation—duration
5.20 General process for suspension of accreditation or extension of suspension
5.21 Process for urgent suspensions or extensions
5.22 When surrender, revocation or suspension takes effect
5.23 Consequences of surrender, suspension or revocation of accreditation
Collapse
Division 5.3—Rules relating to Register of Accredited Persons
5.24 Maintaining the Register of Accredited Persons
5.25 Other information to be kept in association with Register of Accredited Persons
5.26 Amendment and correction of entries in Register of Accredited Persons and database
5.27 Publication or availability of specified information in the Register of Accredited Persons
5.28 Making information available to the Commission, the Information Commissioner and the Data Recipient Accreditor
5.29 Publication of specified information by the Commission
5.30 Other functions of Accreditation Registrar
5.31 Obligation to comply with Accreditation Registrar’s request
5.32 Automated decision-making—Accreditation Registrar
Collapse
Part 6—Rules relating to dispute resolution
6.1 Requirement for data holders―internal dispute resolution
6.2 Requirement for data holders―external dispute resolution
Collapse
Part 7—Rules relating to privacy safeguards
Collapse
Division 7.1—Preliminary
7.1 Simplified outline of this Part
Collapse
Division 7.2—Rules relating to privacy safeguards
Collapse
Subdivision 7.2.1—Rules relating to consideration of CDR data privacy
7.2 Rule relating to privacy safeguard 1—open and transparent management of CDR data
7.3 Rule relating to privacy safeguard 2—anonymity and pseudonymity
Collapse
Subdivision 7.2.2—Rules relating to collecting CDR data
7.4 Rule relating to privacy safeguard 5—notifying of the collection of CDR data
Collapse
Subdivision 7.2.3—Rules relating to dealing with CDR data
7.5 Meaning of permitted use or disclosure and relates to direct marketing
7.6 Use or disclosure of CDR data by accredited data recipients, outsourced service providers and others
7.7 Rule relating to privacy safeguard 6—use or disclosure of CDR data by accredited data recipients
7.8 Rule relating to privacy safeguard 7—use or disclosure of CDR data for direct marketing by accredited data recipients
7.9 Rule relating to privacy safeguard 10—notifying of the disclosure of CDR data
Collapse
Subdivision 7.2.4—Rules relating to integrity and security of CDR data
7.10 Rule relating to privacy safeguard 11—quality of CDR data
7.11 Rule relating to privacy safeguard 12—security of CDR data
7.12 Rule relating to privacy safeguard 12—de-identification of redundant data
7.13 Rule relating to privacy safeguard 12—deletion of redundant data
Collapse
Subdivision 7.2.5—Rules relating to correction of CDR data
7.14 No fee for responding to or actioning correction request
7.15 Rule relating to privacy safeguard 13—steps to be taken when responding to correction request
Collapse
Part 8—Rules relating to data standards
Collapse
Division 8.1—Preliminary
8.1 Simplified outline of this Part
Collapse
Division 8.2—Data Standards Advisory Committee
8.2 Establishment of Data Standards Advisory Committee
8.3 Functions of Data Standards Advisory Committee
8.4 Appointment to Data Standards Advisory Committee
8.5 Termination of appointment and resignation
8.6 Procedural directions
8.7 Observers
Collapse
Division 8.3—Reviewing, developing and amending data standards
8.8 Notification when developing or amending data standards
8.9 Consultation when developing or amending data standards
8.10 Matters to have regard to when making or amending data standards
Collapse
Division 8.4—Data standards that must be made
8.11 Data standards that must be made
Collapse
Part 9—Other matters
Collapse
Division 9.1—Preliminary
9.1 Simplified outline of this Part
Collapse
Division 9.2—Review of decisions
9.2 Review of decisions by the Administrative Appeals Tribunal
Collapse
Division 9.3—Reporting, record keeping and audit
Collapse
Subdivision 9.3.1—Reporting and record keeping
9.3 Records to be kept and maintained
9.4 Reporting requirements
9.5 Requests from CDR consumers for copies of records
Collapse
Subdivision 9.3.2—Audits
9.6 Audits by the Commission and the Information Commissioner
9.7 Audits by the Data Recipient Accreditor
Collapse
Division 9.4—Civil penalty provisions
Collapse
9.8 Civil penalty provisions
Schedule 1—Default conditions on accreditations
Collapse
Part 1—Preliminary
1.1 Purpose of Schedule
Collapse
Part 2—Default conditions on accreditations
Collapse
2.1 Ongoing reporting obligation on accredited persons
Schedule 2—Steps for privacy safeguard 12—security of CDR data held by accredited data recipients
Collapse
Part 1—Steps for privacy safeguard 12
1.1 Purpose of Part
1.2 Interpretation
1.3 Step 1—Define and implement security governance in relation to CDR data
1.4 Step 2—Define the boundaries of the CDR data environment
1.5 Step 3—Have and maintain an information security capability
1.6 Step 4—Implement a formal controls assessment program
1.7 Step 5—Manage and report security incidents
Collapse
Part 2—Minimum information security controls
2.1 Purpose of Part
Collapse
2.2 Information security controls
Schedule 3—Provisions relevant to the banking sector
Collapse
Part 1—Preliminary
1.1 Simplified outline of this Schedule
1.2 Interpretation
1.3 Meaning of customer data, account data, transaction data and product specific data
1.4 Meaning of phase 1 product, phase 2 product and phase 3 product
Collapse
Part 2—Eligible CDR consumers—banking sector
2.1 Meaning of eligible—banking sector
Collapse
Part 3—CDR data that may be accessed under these rules—banking sector
3.1A Application of Part
3.1 Meaning of required product data and voluntary product data—banking sector
3.2 Meaning of required consumer data and voluntary consumer data—banking sector
Collapse
Part 4—Joint accounts
Collapse
Division 4.1—Preliminary
4.1 Purpose of Part
4.2 Joint account management service
Collapse
Division 4.2—Operation of these rules in relation to joint accounts
4.3 Exception to the requirement to seek authorisation and to disclose
4.4 Consumer dashboard for joint accounts—data holder
4.5 Seeking authorisation to share CDR data—joint accounts
4.6 Exception to rule 7.9―physical or financial harm or abuse
Collapse
Part 5—Internal dispute resolution―banking sector
5.1 Internal dispute resolution―banking sector
Collapse
Part 6—Staged application of these rules to the banking sector
Collapse
Division 6.1—Preliminary
6.1 Interpretation
6.2 Meaning of initial data holder, accredited ADI, voluntarily participating ADI, any other relevant ADI and accredited non-ADI
6.3 Election to voluntarily participate in CDR scheme early
Collapse
Division 6.2—Staged application of rules
6.4 Staged application of rules―requirement to disclose CDR data
6.5 Authorisation to disclose CDR data before required to do so
6.6 Commencement table
Collapse
Part 7—Other rules, and modifications of these rules, for the banking sector
7.1 Laws relevant to the management of CDR data—banking sector
7.2 Conditions for accredited person to be data holder
7.3 Streamlined accreditation—banking sector
7.4 Exemptions to accreditation criteria—banking sector