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

(1) An accredited data recipient of CDR data must not use or disclose it for direct marketing unless:

(a) in the case of a disclosure—the disclosure is required under the consumer data rules in response to a valid request from a CDR consumer for the CDR data; or

(b) the use or disclosure is authorised under the consumer data rules in accordance with a valid consent of a CDR consumer for the CDR data.

Note 1: This subsection is a civil penalty provision (see section 56EU).

Note 2: The valid request referred to in paragraph (a), or the valid consent referred to in paragraph (b), could be given through a designated gateway (see section 56BG).

(2) A designated gateway for CDR data must not use or disclose it for direct marketing unless:

(a) in the case of a disclosure—the disclosure is required under the consumer data rules; or

(b) the use or disclosure is authorised under the consumer data rules.

Note: This subsection is a civil penalty provision (see section 56EU).

Related sections

• s 56EG — Privacy safeguard 4—dealing with unsolicited CDR data from participants in CDR
• s 56EH — Privacy safeguard 5—notifying of the collection of CDR data
• s 56EI — Privacy safeguard 6—use or disclosure of CDR data by accredited data recipients or designated gateways
• s 56EK — Privacy safeguard 8—overseas disclosure of CDR data by accredited data recipients
• s 56EL — Privacy safeguard 9—adoption or disclosure of government related identifiers by accredited data recipients
• s 56EM — Privacy safeguard 10—notifying of the disclosure of CDR data

Research how courts apply s 56EJ

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