Competition and Consumer Act 2010 Part IVD (Consumer Data Right)
Division 2: Consumer data rules, misleading conduct, fees, CDR actions and holding out – Competition and Consumer Act 2010 Part IVD (Consumer Data Right)

Competition and Consumer Act 2010 Part IVD (Consumer Data Right) 56BO: Sections 56BN and 56BO: never mislead anyone about CDR consumer status, valid requests or consents, or CDR action criteria

A person must not engage in conduct that misleads or deceives, or is likely to mislead or deceive, another person into believing that a person is a CDR consumer for CDR data or for a CDR action, that a person is making a valid request or consent or has met other criteria for disclosure of CDR data under the rules, or that a person has met the rules' criteria for making a request, giving a valid instruction or processing a valid instruction for a CDR action (56BO, civil penalty; the defendant may point to evidence that the conduct was not misleading in a material particular). Doing so knowingly is an offence (56BN): for a body corporate a fine of the greater of $10 million, 3 times the benefit obtained, or 10% of adjusted turnover; for others up to 5 years' imprisonment, a $500,000 fine, or both.

Maintained by Gerard BlokdykControl text last updated

Other controls in Division 2: Consumer data rules, misleading conduct, fees, CDR actions and holding out – Competition and Consumer Act 2010 Part IVD (Consumer Data Right)

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