The following question was submitted as part of the 16th of April 2020 Working Group:

Under the CDR Rules, a data holder must have an internal dispute resolution process which complies with RG165. Do complaints or disputes include expressions of dissatisfaction in regards to Product Reference Data?

The Rules require data holders to have internal dispute resolution processes that comply with provisions of Regulatory Guide 165 that deal with certain matters, as if references in Regulatory Guide 165 to complaints or disputes were references to CDR consumer complaints.

CDR consumer complaints means any expression of dissatisfaction made by a CDR consumer to or about a CDR participant that relates to, inter alia, the CDR participant’s obligations under or compliance with Part IVD of the Competition and Consumer Act 2010, the Competition and Consumer (Consumer Data Right) Rules 2020 or the binding data standards.
Given this, expressions of dissatisfaction made by CDR consumers in regard to Product Reference Data is captured within the meaning of complaints or disputes.

Following further inquiries into this issue, the ACCC wishes to clarify that while a CDR consumer may make a complaint about product reference data and the data holder may wish to record that complaint, there is no requirement under the current version of the CDR rules for a data holder to report on or have particular internal dispute resolution processes in place for managing such complaints. This is because complaints from consumers about product data (defined in the Competition and Consumer Act 2010 (Cth) as CDR data for which there are no CDR consumers) fall outside the scope of what is to be considered a ‘CDR consumer complaint’, as currently defined in the CDR rules.

In effect if you took a traditional PFM use case would where a consumer can “see all their accounts in one place”, that a consolidated view of transaction data forms the minimum data set that is eligible for reciprocity????

Under the Rules, reciprocal data holder obligations are turned on for accredited persons that are not ADIs only in respect of CDR data that is:

> Generated and held by the accredited person; and
> Generated and held in respect of a product that is publicly offered by the accredited person and generally known as one of the types in phase 1, phase 2, or phase 3 (see Clause 1.4 of Schedule 3).

That is, an accredited non-ADI will not be a data holder of CDR data that was disclosed to it under the CDR Rules. For example, a non-bank lender who has also been accredited to operate as an ADR could be a DH for CDR data that it generates and holds, but not for CDR data that it holds because it was disclosed to it via the CDR regime.

Previous responses provided for questions similar to this included:

As a Data Holder, you are not required to register on the CDR Register until you are required to share CDR consumer data with accredited data recipients in accordance with the timetable set out in under Schedule 3 of the CDR Rules. You are not required to register to share product reference data nor report on product reference data via the Admin APIs.

Further clarification was provided:

As a Data Holder, you are not required to register on the CDR Register until you are required to share CDR consumer data with accredited data recipients in accordance with the timetable set out in Schedule 3 of the Rules. You are not required to register to share product reference data (PRD). Reporting via the GetMetrics API is also delayed until Data Holders are required to share CDR consumer data, however, reporting under Rule 9.4(1) commences when Data Holders commence sharing PRD. We anticipate the approved form for reporting will be made available in the near future.

At this stage, the ACCC anticipates Data Holders will be able to register via the CDR Participant Portal just prior to the CDR consumer data sharing obligation commencing. A Data Holder’s PRD URI can also then be captured on the CDR Register. The ACCC recommends making your PRD URI available on your website between now and when you are Registered as a Data Holder.

We also note that on Friday last week, the ACCC made an announcement with respect to delaying the commencement date of product reference data sharing obligations in light of COVID – the media release is available here and newsletter here.

The Rules require data holders to have internal dispute resolution processes that comply with provisions of Regulatory Guide 165 that deal with certain matters, as if references in Regulatory Guide 165 to complaints or disputes were references to CDR consumer complaints.

CDR consumer complaints means any expression of dissatisfaction made by a CDR consumer to or about a CDR participant that relates to, inter alia, the CDR participant’s obligations under or compliance with Part IVD of the Competition and Consumer Act 2010, the Competition and Consumer (Consumer Data Right) Rules 2020 or the binding data standards. The ACCC may consider expanding the scope of internal dispute resolution and complaints processes for Product Reference Data if required in light of experience, including complaints we receive directly.

That is correct – the proposed amendment will mean that a Data Holder can allow a CDR consumer to withdraw authorisation to disclose CDR data to an accredited person by using an alternative method of communication made available by the Data Holder. The proposed amendment is intended to better reflect existing methods of communication made available by Data Holders to its consumers.

DHs must always have two forms of mechanisms available to consumers to withdraw authorisations. One mechanism must be through the consumer dashboard, and the other may be of the DH’s choosing, but an alternate method must be in place.

The proposed amendment to clause 2.1 to clarify that a CDR consumer is eligible is an individual who has an account with the data holder and is the account holder. This amendment is to clarify that the accounts in scope are those where the account holder is a natural person (not a legal person, e.g. a corporate entity). A business account will be in scope if the account is held in the name of one or two natural persons (e.g. a sole trader business).

Further rules will be made to bring in accounts where the account holder is a corporate entity.

The Rules require data holders to have internal dispute resolution processes that comply with provisions of Regulatory Guide 165 that deal with certain matters, as if references in Regulatory Guide 165 to complaints or disputes were references to CDR consumer complaints.

CDR consumer complaints means any expression of dissatisfaction made by a CDR consumer to or about a CDR participant that relates to, inter alia, the CDR participant’s obligations under or compliance with Part IVD of the Competition and Consumer Act 2010, the Competition and Consumer (Consumer Data Right) Rules 2020 or the binding data standards. The ACCC may consider expanding the scope of internal dispute resolution and complaints processes for Product Reference Data if required in light of experience, including complaints we receive directly.

The Rules require data holders to have internal dispute resolution processes that comply with provisions of Regulatory Guide 165 that deal with certain matters, as if references in Regulatory Guide 165 to complaints or disputes were references to CDR consumer complaints.

CDR consumer complaints means any expression of dissatisfaction made by a CDR consumer to or about a CDR participant that relates to, inter alia, the CDR participant’s obligations under or compliance with Part IVD of the Competition and Consumer Act 2010, the Competition and Consumer (Consumer Data Right) Rules 2020 or the binding data standards. The ACCC may consider expanding the scope of internal dispute resolution and complaints processes for Product Reference Data if required in light of experience, including complaints we receive directly.

ANZ is looking for some clarity around closed accounts.
It is clear based on the rules the transaction data range we are required to supply (i.e 24 months) but it is not specifically stated if Account information (account details and balances) is required to follow the same rules.
We are also assuming the following are out of scope as they are not valid on closed accounts:

Could someone from the rules team please comment on the points above?