Consumer Data Right

[17] The CDR rules are a legislative instrument made (by the Minister) under section 56BA of the Competition and Consumer Act 2010.

[22] The Australian Treasury, in addition to providing the Minister with policy advice regarding the CDR and its future directions, is also responsible for consulting for, and advising the Minister on sector designations, and developing the CDR rules; up until February 2021, these responsibilities were performed by the ACCC.

[22] The ACCC is responsible for regulation of the CDR framework, including compliance and enforcement of the rules and standards.

[36] In October 2022, product-data sharing in the energy sector commenced under the CDR framework; in this context, products include electricity, gas and dual fuel plans.

[37] In November 2022,[38] consumer-data sharing commenced for customer data held by the Australian Energy Market Operator (gateway), and selected energy retailers; consumer data relate to the sale or supply of electricity, including where electricity is bundled with gas.

[42] In September 2022, the Australian Government released[43] an independent statutory review[44] into the CDR framework, and its implementation over the past few years.

And the Review noted[48] 'innovative product offerings are only starting to become available, meaning significant consumer benefits are yet to be realised'.

The Review argued[53] that data quality must improve to provide a viable alternative to screen scraping and recommended[54] that screen scraping be banned in the near future in sectors where the CDR data provides a viable alternative.

The Review heard[57] that direct‐to‐consumer data sharing could increase risks (of fraud and to privacy), without significant benefits to consumers.

[61] The Australian Government is proposing to extend the CDR legislation to enable a consumer (through an accredited third party) to initiate an action with a (designated) business.

[62] The types of 'actions' could include:[63] In December 2022, the Australian Government introduced into parliament legislation that would extend the functionality of the Consumer Data Right (CDR) to "enable Australian consumers and small business to safely and conveniently instruct accredited third parties to initiate CDR‑powered actions with their consent and on their behalf.