ARTICLE
16 December 2024

Customer and Product Data Bill: What Does This Mean for Your Business?

L
LegalVision

Contributor

LegalVision, a commercial law firm founded in 2012, combines legal expertise, technology, and operational skills to revolutionize legal services in Australia, New Zealand, and the UK. Beginning as an online legal documents business, LegalVision transitioned to an incorporated legal practice in 2014, and in 2019 introduced a membership model offering unlimited access to lawyers. Expanding internationally in 2021 and 2022, LegalVision aims to provide cost-effective, quality legal services to businesses globally.
Prepare for the Customer and Product Data Right Bill by reviewing your data management practices.
New Zealand Privacy

In Short

  • The Customer and Product Data Right Bill grants consumers the right to access and share their data with accredited third parties, enhancing transparency and personal control.
  • By facilitating data sharing, the Bill encourages businesses to develop innovative services tailored to consumer needs, fostering a competitive market environment.
  • Businesses must handle customer data in line with the Privacy Act 2020, ensuring secure storage and appropriate use of personal information.

Tips for Businesses

Prepare for the Customer and Product Data Right Bill by reviewing your data management practices. Ensure compliance with the Privacy Act 2020, focusing on secure storage and proper use of customer information. Embrace opportunities for innovation by developing services that leverage shared data to meet consumer demands effectively.

In today's digital landscape, access to customer data and its use have become central for businesses across all industries. The introduction of the Customer and Product Data Right Bill is a significant step forward in managing and leveraging data. It presents both challenges and opportunities for business owners. This article explains how the Bill gives customers greater control over their data. It also explores how the legislation drives business innovation in New Zealand.

What is This Bill About?

The purpose of this Bill is to create a "Customer Data" right in New Zealand. This will grant new rights to customers and their data. The Customer and Product Data Right Bill aims to support consumers, including individuals and entities. It gives them greater control over their personal data. For business owners, this means customers can access your business' data. They can also authorise its use by accredited third parties.

What is Customer Data?

Businesses such as utility companies, banks and phone companies provide customers with services that, when used, create data. This data includes transaction records, product usage information, and account information, all known as 'customer data'. Businesses hold customer data and must protect it in accordance with the Privacy Act 2020, which governs the storage of personal data.

The Bill specifies that a data request involving personal information receives different treatment under its provisions. The provisions do not classify it as a request under the information privacy principle 6. This principle relates to personal information access, as Section 22 of the Privacy Act 2020 outlines.

How Can Customer Data Be Utilised?

Customer data holds enormous value and opportunity, but only if customers can use it fully. For example, a person or small business may want to share information about their power usage with a price-comparison application to determine the cheapest power provider based on their consumption habits. Or they might want to put that information through a carbon footprint calculator to learn more about their emissions profile. Introducing this Bill would allow customers to access their usage, transactions, or other data to compare companies more efficiently.

Unfortunately, customers are generally unable to access or exchange their data in a secure and automated way that enables its full potential to be used. This Bill will change that and allow for more practical use of customer data. The Bill aims to give customers greater control over their data by allowing them to exchange it with trusted third parties.

Who Does it Affect?

The Bill will be implemented sector by sector, starting with banking. This phased approach allows for gradual adaptation across different industries. As a business owner, staying informed about sector-specific requirements and timelines will be essential for aligning your compliance efforts with these developments.

Key Features of the Bill

Fueling Innovation

The Bill fosters innovation by making sharing customer and product data among businesses easier. This sharing opens the door to new products and services that rely on data insights. For your business, you can explore and develop solutions tailored to customer needs, driving growth and differentiation in a competitive market.

Enhancing Competition

By promoting data sharing, the Bill creates a level playing field. This opens up opportunities for new businesses to enter established markets, with new competition that benefits consumers through greater choice and potentially lower prices. As a business owner, embracing these changes positions you to adapt swiftly and compete effectively. Customers can use their data to compare your business to others, informing you of what customers are looking for in our market and helping you adapt as required.

Privacy Safeguards

It is important to note that the Bill incorporates strong privacy requirements. These measures ensure that while data accessibility increases, controls will be in place to protect customer privacy and confidentiality. Compliance with these requirements builds trust with your customers and shields your business from potential regulatory risks. Your obligations under the Privacy Act 2020 will continue to be in place with the introduction of this Bill.

Collaboration and Global Insights

Australia, the United Kingdom, and Europe have similar laws regarding the access and sharing of customer data. By aligning with international standards and collaborating with industry peers, your business can benefit from shared knowledge and technological advancements, driving continuous improvement and innovation.

Navigating Compliance and Enforcement

As the Bill progresses, regulatory authorities will enforce compliance through various measures. Your business must adopt proactive compliance strategies, ensuring your data handling practices comply with the Bill's requirements.


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Key Takeaways

Overall, the Customer and Product Data Right Bill presents challenges and opportunities for your business in today's data-driven world. By embracing the sharing and use of customer data, you can use this to your advantage by understanding what customers seek. It is essential to keep an eye on the development of the Bill to ensure you are fully compliant when the time comes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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