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Customer and Product Data Act 2025

Administrative matters - Miscellaneous

143: No contracting out

You could also call this:

“You can't make deals to avoid following this law”

This law says that you can’t avoid following the Customer and Product Data Act 2025, even if you try to make an agreement that says otherwise. It doesn’t matter when the agreement was made.

If a data holder (someone who keeps your data) tries to avoid following this law by making an agreement, they are breaking the law. This is called ‘contracting out’, and it’s not allowed.

If a data holder does try to contract out, they are committing a crime under the Fair Trading Act 1986.

Here’s an example to help you understand: If a data holder makes an agreement with you that says they don’t have to give you your data when you ask for it (even though the law says they must), they are breaking the law. This is true even if you agreed to it, because the law protects your right to your data no matter what.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833595.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules Business > Fair trading Rights and equality > Privacy
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Part 5 Administrative matters
Miscellaneous

143No contracting out

  1. This Act has effect despite any provision to the contrary in any agreement (regardless of when the agreement is entered into).

  2. A data holder that purports to contract out of any provision of this Act commits an offence against section 13(i) of the Fair Trading Act 1986.

    Example

    A data holder enters into a contract with a customer. Under the contract, the data holder purports to contract out of its duty to provide data to the customer under section 14.

    The data holder commits an offence.