The Competition and Consumer (Consumer Data Right) Rules 2020 have been amended to introduce new rules applying to a CDR business consumer from 1 December 2023.

A “CDR business consumer” is defined as a CDR consumer that an accredited person has taken reasonable steps to confirm either is not an individual or has an active ABN.

The ACCC has published a Fact Sheet on the functionalities available to CDR business consumers, and how CDR participants should deal with these consumers under the CDR Rules.

Under the Rules, a CDR business consumer has two new functionalities in CDR that are not available to individual CDR consumers. These are:
• giving a “business consumer disclosure consent” which enables CDR business consumers to share their data with a broader range of persons, including unaccredited third parties; and

• giving certain use and disclosure consents with a maximum duration of up to 7 years (up from the usual 12 month maximum).

Parties whom CDR business consumers may be able to share data with under a business consumer disclosure consent include bookkeepers, software providers and consultants.

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Author: David Jacobson
Principal, Bright Corporate Law
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About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.