Australia's Consumer Data Right and Its Implications for Consumer Trust

This article conducts an in-depth analysis of Australia’s Consumer Data Right (‘CDR’) legal framework by focusing on the concept of ‘consumer trust’. It maps the key enablers of consumer trust within the CDR and demonstrates that each of these enablers is associated with deficiencies that may negatively affect consumer trust in the longer term. The article argues that the CDR framework should proactively address these deficiencies even if they have not caused significant detriment to consumers in the early years of operation of the regime when participation levels remain low. It makes two important contributions to the existing legal scholarship. First, through a detailed analysis of ‘consumer trust’ within the context of the CDR framework, it fosters a better understanding of the broader concept of ‘trust’ in law. Second, it enables a rethinking of the role consumer trust plays in Australia’s CDR and can inform future reforms of the CDR regime. A companion article published in the same issue builds on this analysis to offer proposals for legal reform in Australia.