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ACCC & DSB Data Holder Working Group Agenda & Meeting Notes (4th of June 2020)
When: Weekly every Thursday at 3pm-4.30pm AEST
Location: WebEx, quick dial +61262464433,785383900%23%23
Meeting Details:
Desktop or Mobile Devices
https://csiro.webex.com/csiro/j.php?MTID=m7c39ee9db5e5892ab35cd0bd7bbf94ce
Once connected to your meeting remember to start your audio and video
Please mute when you are not speaking.
Video Conferencing (VC) Rooms
Use the remote control or touch panel and dial the number indicated below:
External VC Room: [email protected]
Phones - AUDIO ONLY
- Primary Australia: +61 2 6246 4433
- Quick Dial: +61262464433,785383900%23%23
- Other Global Numbers: https://conferencing.csiro.au/Call-in.php
- Meeting Number/Access Code: 785 383 900
- Introductions
- Outstanding actions
- CDR Stream updates
- Q&A
- Any other business
Meeting notes
- 5 min will be allowed for participants to join the call.
| Type | Topic | Update |
|---|---|---|
| Decision Proposal | Banking Maintenance Iteration 03 | Decision Proposal 108 |
| Decision Proposal | Decision Proposal 109 - NMI Standing Data Payloads | Decision Proposal 109 |
| Decision Proposal | Decision Proposal 119 - Enhanced Error Handling Payload Conventions | Decision Proposal 119 |
Provides a weekly update on the activities of each of the CDR streams and their workplaces
- ACCC Rules
- ACCC CDR Register (Technical)
- DSB CX Standards
- DSB Technical Standards - Energy & Banking
- Presentation this week will be on Decision Proposal 119 and Enhanced Error Handling
Slides can be found here.
Questions will be received by the community via WebEx chat before the questions are opened to the floor. Participants can pre-submit questions to the DSB mailing box.
Currently received pre-submitted questions:
| # | Question | Answer |
|---|---|---|
| #1 | Follow-up on: "To be eligible to share data, each joint account holder needs to be over 18, and be the account holder for an account that is set up in such a way that it can be accessed online. If one joint account holder sets up their online access to the joint account, it could be argued that both joint account holders will be “account holders for an account that is set up in such a way that it can be accessed online” (i.e., it is accessible online, but only to the account holder who set up access). Is it the intention of the rules to capture joint account holders accounts where the second joint account holder is unable to access the account online?" | - |
| #2 | Question regarding the term “publicly offered” (clause 1.4 of Schedule 3 to the CDR Rules) What is the ACCC’s view of the term “publicly offered?” Clarification is sought as to how this term is intended to be interpreted. |
|
| #3 | Can the ACCC outline the plan for what the industry testing/conformance will look like in practice for the non-major banks, including timelines? | |
| #4 | What is the limit on historical account/transaction data which a DH needs to share, i.e. what is the “oldest time” that an ADR can request for? | |
| #5 | Is there an obligation for a DH to provide a developer portal to publish their API documentation? If so, for a DH with multiple brands registered under them in the CDR register, does the DH need to provide a separate branded developer portal for each brand? | |
| #6 | Is there a specific requirement around displaying account details (BSB/account number) in full in the consent/authorization flow or can a DH show these details masked? | |
| #7 |
- TBA
| # | Question | Answer/ Action |
|---|---|---|
| #Template | - |
Other business
- TBA
** Background for Pre-submitted Question #2**
Background
Clause 1.4(1) of Schedule 3 of the Competition and Consumer (CDR) Rules 2020 (CDR Rules) states that the term “phase 1 product” means a product that is publicly offered and generally known as being of any of the following types:
- a savings account;
- a call account;
- a term deposit;
- a current account;
- a cheque account;
- a debit card account;
- a transaction account;
- a personal basic account;
- a GST or tax account;
- a personal credit or charge card account;
- a business credit or charge card account.
Pursuant to clause 1.2 of Schedule 3 of the CDR Rules, the term “product” has the meaning given by the banking sector designation instrument.
The Consumer Data Right (Authorised Deposit Taking Institutions) Designation 2019 (Designation Instrument) defines the term “product” in subsection 4(2) as:
- a good or service that is or has been offered or supplied to a person in connection with one or more of the following activities:
1.1. taking money on deposit (otherwise than as part-payment for identified goods or services); 1.2. making advances of money; 1.3. another financial activity prescribed for the purposes of subparagraph (b)(ii) of the definition of banking business in subsection 5(1) of the Banking Act 1959; or - a purchased payment facility that is or has been offered or supplied to a person.
The term “publicly offered” is not defined in the CDR Rules or the Designation Instrument, nor banking legislation generally.
Both the Explanatory Statement to the CDR Rules and the Explanatory Statement to the Designation Instrument are silent on the matter of what is considered to be “publicly offered.”
In assessing call account and term deposit products, according to the above they are products captured by the term “phase 1 products” for inclusion in product reference data obligations. Our product department is quite sure that call account and term deposit products that are available only to wholesale clients are not intended to be within scope. Guidance is sought from the ACCC as to whether the term “publicly offered” is intended to be construed as excluding products available to wholesale customers only.
- Notes to be added and written up
- Next week's meeting scheduled