Section 56BG — Competition and Consumer Act 2010 (Cth)

CDR data for which there are CDR consumers

(1) Without limiting paragraph 56BB(c), if there is a designated gateway for CDR data for which there are one or more CDR consumers, the consumer data rules may include the following rules:

(a) rules like those described in subsection 56BC(1) for the CDR data, but involving the designated gateway:

(i) acting between the CDR consumer and the CDR participant in the making of a valid request; or

(ii) acting between the CDR consumer and the accredited person who is the proposed recipient of the requested disclosure; or

(iii) acting between the CDR participant and the CDR consumer, or accredited person, who is the proposed recipient of the requested disclosure;

(b) rules like those described in subsection 56BC(2) for the CDR data, but involving the designated gateway:

(i) acting between the CDR consumer and a person authorised as described in that subsection; or

(ii) acting between persons authorised as described in that subsection;

(c) other rules affecting the designated gateway that relate to the disclosure, collection, use, accuracy, storage, security or deletion of the CDR data.

Product data

(2) Without limiting paragraph 56BB(c), if there is a designated gateway for CDR data for which there are no CDR consumers, the consumer data rules may include the following rules:

(a) rules like those described in paragraphs 56BE(a) to (c), but involving the designated gateway acting between the CDR participant and the person requesting the disclosure;

(b) other rules affecting the designated gateway that relate to the disclosure, collection, use, accuracy, storage, security or deletion of the CDR data.

Limitation—rules relating to the collection, use, accuracy, storage, security or deletion of CDR data

(3) For a designated gateway for CDR data for which there are one or more CDR consumers, the consumer data rules:

(a) can only include rules affecting the designated gateway requiring or authorising the disclosure of the CDR data if such rules are as described in paragraph (1)(a) or (b); and

(b) can only include rules affecting the designated gateway that relate to the collection, use, accuracy, storage, security or deletion of the CDR data if such rules also relate to a disclosure described in paragraph (a) of this subsection.

Note: Paragraph (a) does not prevent the inclusion of a rule relating to a disclosure described in that paragraph.

(4) Subsection (3) applies despite any other provision of this Division.

Transitional rules

(5) Without limiting paragraph 56BB(c), if there is a designated gateway for CDR data, the consumer data rules may include transitional rules for when a person ceases to be the designated gateway, including about the disclosure, collection, use, accuracy, storage, security or deletion of the CDR data.

Note: These rules could, for example, include a requirement that the CDR data be disclosed in accordance with the relevant data standards to another gateway. Some of these transitional rules could be similar to some of the privacy safeguards.

Related sections

• s 56BD — Limitations for rules about CDR data for which there are CDR consumers
• s 56BE — Rules about disclosure, collection, use, accuracy, storage, security or deletion of product data
• s 56BF — Limitations for rules about product data
• s 56BGA — Rules about initiating CDR actions
• s 56BH — Rules about accreditation for the purposes of this Part
• s 56BHA — Rules about approving persons to be voluntary action service providers for types of CDR actions

Research how courts apply s 56BG

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