Is there a different phasing timeline for white labelled products?
If an ADI has a white labelled credit card, are they expected to share Customer data regarding that product by 1 July 2021 or is there a different date?
Do ADI CDR obligations still hold when the white labeller is not an ADI and the brand owner is an ADI?
If the ADI does not hold the data (key benefit of a white label) and the provider that does hold the data is not required to share data (not an ADI, and is therefore not set up for sharing), what is the expectation in terms of CDR obligations?
In our previous guidance on PRD for white labelled products, we stated that where there is a single data holder involved in providing a white label product (whether that is the white labeller or the brand owner), the ACCC expects the data holder to respond to product data requests in relation to the product. We have recently consulted on incorporating that position formally into the rules, and are now considering stakeholder feedback.
The guidance and proposed rules related to product data requests only, however, and do not affect consumer data request obligations in respect of white label products. Our policy overall is that white label products that are in-scope for CDR should be included in for the benefit of consumers. But as noted in our guidance, we are aware there is a wide variety of white label arrangements in the banking sector and beyond. We have therefore been engaging with key stakeholder groups regarding our approach to consumer data requests. We will also take the scenario you have raised into account as we finalise this position.
Finally, there is currently no separate timeline for white label products in the phasing table. As it stands, this means that obligations in relation to white label credit cards fall due at the same time as other credit cards. We are mindful of the coming compliance deadlines, however, and intend to update stakeholders about our approach to this issue in due course. We expect to communicate this via channels such as the CDR newsletter and here on the portal.