AusNet Electricity Services Pty Ltd. Information Sharing Protocol and Register

Transcription

1 AusNet Electricity Services Pty Ltd Infrmatin Sharing Prtcl and Register

2 1 BACKGROUND This is AusNet Electricity Distributin Pty Ltd s ( DNSP s) infrmatin sharing prtcl, and infrmatin sharing register, under clauses 4.3.4(d) and 4.3.5, respectively, f the Australian Energy Regulatr s Ringfencing Guideline Electricity Distributin, Versin 2, Octber 2017 ( Guideline ). Terms defined in the Guideline have the same meaning here, unless they are therwise defined. Under the Guideline, DNSP must: a) establish, and make publicly available n its website, an infrmatin sharing prtcl that sets hw and when it will make infrmatin referred t in clause 4.3.4(a) f the Guideline available t legal entities; b) establish, maintain and keep a register f all: a. related electricity service prviders; and b. ther legal entities wh prvide cntestable electricity services, wh request access t infrmatin identified in clause 4.3.4(a) f the Guideline, and make the register publicly available. 2 INFORMATION THAT WILL BE SHARED Where DNSP shares cnfidential infrmatin with, r cnfidential infrmatin disclsed by the DNSP t a legal entity (that is nt a related electricity service prvider) fr the purpses f research is then disclsed t, a related electricity service prvider, in certain circumstances, DNSP will share that cnfidential infrmatin (including derived infrmatin that was shared r disclsed) ( Relevant Cnfidential Infrmatin ) t a legal entity that: a) has requested that it be included n the infrmatin register under this plicy, in accrdance with this plicy; and b) is cmpeting, r seeking t cmpete, with the DNSP, r a related electricity service prvider in relatin t the prvisin f cntestable electricity services, (Relevant Legal Entity) n an equal basis. Cnfidential infrmatin is infrmatin that: c) is nt already publicly available; d) has been acquired r generated by DNSP in cnnectin with its prvisin f direct cntrl services; and e) is abut electricity netwrks, electricity custmers r electricity services, including infrmatin derived by the DNSP frm such infrmatin, and such infrmatin prvided t the DNSP by r in relatin t a custmer r prspective custmer, but des nt include aggregated financial infrmatin r perfrmance infrmatin that des nt relate t an identifiable custmer r class f custmer. Cnfidential Infrmatin is nt Relevant Cnfidential Infrmatin and, cnsequently, will nt be shared under this plicy, where: f) it has been disclsed as required, r fr the purpses f cmplying with, any law; g) explicit infrmed cnsent t the sharing r disclsure has been btained frm the custmer, r prspective custmer, t whm the infrmatin relates; h) the sharing r disclsure is necessary t enable DNSP t prvide its distributin services, transmissin services r ther services (including by acquiring ther services); i) the infrmatin has been requested by r n behalf f a custmer, r ptential custmer, f anther legal entity and it is necessary t enable that entity t prvide its transmissin services, cntestable electricity services r ther services t that custmer (r ptential custmer); r 2 f 5

3 j) the disclsure is slely fr the purpses f prviding assistance t anther Netwrk Service Prvider t the extent necessary t respnd t an event (such as emergency) that is beynd the ther Netwrk Service Prvider s reasnable cntrl. In additin, the DNSP will nt share r disclse infrmatin it has btained thrugh its dealings with a cmpetitr (r ptential cmpetitr) f a related electricity service prvider where the disclsure wuld, r wuld be likely t, prvide an advantage t a related electricity service prvider. 3 THE TERMS ON WHICH INFORMATION WILL BE SHARED DNSP will use its reasnable endeavurs t prvide the Relevant Cnfidential infrmatin by return t a Relevant Legal Entity within 30 Business Days f the later f when: k) the Relevant Cnfidential Infrmatin has first been relevantly shared r disclsed; l) DNSP is satisfied that the legal entity is a Relevant Legal Entity in the circumstances; m) DNSP is satisfied the infrmatin fr which access has been requested, is Relevant Cnfidential Infrmatin; n) the legal entity has made a request, via ringfencing@ausnetservices.cm.au, in accrdance with the requirements f this plicy. All Relevant Infrmatin is prvided subject t the fllwing terms and cnditins and, by submitting a request t receive, r therwise btain access, t any Relevant Cnfidential Infrmatin, and/r receiving, r therwise, accessing any Relevant Cnfidential Infrmatin, the legal entity will be deemed t have acknwledged, agreed and cnsented t, each f the matters set ut in sectin 4, as well the fllwing terms and cnditins: ) t the extent permitted by law, neither the DNSP nr any f its related bdies crprate: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) make any representatin r warranty as t the accuracy, cmpleteness, currency r reliability f the Relevant Cnfidential Infrmatin; make any representatin r warranty that the Relevant Cnfidential Infrmatin has been audited, verified r prepared with reasnable care; make any representatin r warranty that the Relevant Cnfidential Infrmatin will match data prvided by a retailer r frm any ther surce; make any representatin r warranty that the Relevant Cnfidential Infrmatin is free frm cmputer viruses, wrms, trjan hrses, spam r ther harmful cmputer cde, files, scripts, agents r prgrams which may affect a persn s sftware r systems; make any representatin, guarantee r warranty abut any prducts, services r advice prvided by the by r t r any persn that uses, relies n, is infrmed by, r relates t the Relevant Cnfidential Infrmatin; accept any respnsibility r liability fr any interpretatin, pinin, cnclusin, decisin, purchase f gds r services, r any ther actin r missin, that the legal entity r any ther persn may frm, make, take r fail t take in reliance upn, r using, Relevant Cnfidential Infrmatin; accept any respnsibility t infrm the legal entity r any ther persn f any matter arising r cming t their ntice, attentin r knwledge which may affect r qualify any Relevant Cnfidential Infrmatin; r accept any respnsibility r liability fr any destructin, damage, lss t, r failure t supply, the Relevant Cnfidential Infrmatin arising frm a failure in data transmissin r peratin, errr, malfunctin r failure in relatin t the legal entity any ther persn s cmputer, data r strage systems r telecmmunicatins r digital cmmunicatin systems, services r platfrms; p) the legal entity accepts all risk, respnsibility and liability fr: (i) any use f, r reliance n, the Relevant Cnfidential Infrmatin (r any derivative r cpy) by it r any persn that has received such infrmatin, directly r indirectly frm, r thrugh it; 3 f 5

4 (ii) r in relatin t the perfrmance r receipt f any services, prducts r advice, by it r any ther persn directly r indirectly related t r based n, r relying upn, Relevant Cnfidential Infrmatin (including any cpy r derivative); q) withut limiting its ther bligatins, the legal entity must ensure that any ther persn it prvides t, r permits t access, directly r indirectly Relevant Cnfidential Infrmatin, accepts and agrees t these terms and cnditins, and thse set ut in sectin 4, in favur f the DNSP as if a reference t legal entity were a reference t it, he r she, and ntify the DNSP prir t ding s, and, if requested by the DNSP, prcure that the persn enter int a direct agreement r deed with it; r) t the extent permitted by law, DNSP and its related bdies crprate d nt accept any respnsibility r liability fr any lss, damage, cst r expense, whether direct r indirect (including but nt limited t legal csts and defence f r settlement claims r cnsequential lss r damage) whatsever and hwsever caused, whether by negligence r therwise, which may be suffered r which may arise frm any use f, r reliance n, Relevant Cnfidential Infrmatin (including any cpy r derivative), r the perfrmance r receipt f any services, prducts r advice directly r indirectly related t r based n, r relying upn, Relevant Cnfidential Infrmatin (including any cpy r derivative) and the legal entity releases DNSP and its related bdies crprate frm all such respnsibilities and liabilities. 4 HOW TO REQUEST RELEVANT INFORMATION Legal entities requesting access t Relevant Cnfidential Infrmatin must submit a request via t ringfencing@ausnetservices.cm.au. The request must: identity the kind f infrmatin being requested; describe the kind f infrmatin requested in sufficient detail t enable ther legal entities t make an infrmed decisin abut whether t als request that kind f infrmatin; full legal name, and, in the case f cmpanies r ther entities with unique identificatin numbers, such as Australian Cmpany r Business Numbers, such unique identificatin numbers; include cnsent t the infrmatin prvided with, r as part f, the request, being reprduced, and made available, n the register in this prtcl and therwise stred, disclsed r used in accrdance with DNSP s privacy plicy: [insert link]; include acknwledgement and agreement that yu will cmply with: clauses and 4.3.3(a) t (d) f the Guideline (in relatin t the Relevant Infrmatin that is shared with yu) as if yu were the DNSP; and pay the DNSP s reasnable csts f prcessing yur request and/r sharing/prviding yu with access t the requested Relevant Cnfidential Infrmatin; with all ther terms and cnditins n which DNSP shares Relevant Cnfidential Infrmatin with yu (including with respect t disclaimers, releases, negative assurances r warranties); cpyright in Relevant Cnfidential Infrmatin is, and will remain, the legal and beneficial prperty f DNSP; and ther infrmatin, reasnably required by DNSP, frm time t time. 4 f 5

5 5 INFORMATION REGISTER Related electricity service prvider/ther legal entity that prvides cntestable electricity services that have requested access t Relevant Cnfidential Infrmatin in circumstances which wuld require equal access r sharing under clause (a) f the Guideline Kind f Relevant Cnfidential Infrmatin which been shared in circumstances which wuld require equal access r sharing under clause 4.3.4(a) f the Guideline. Descriptin f the Kind f Relevant Cnfidential Infrmatin which been shared in circumstances which wuld require equal access r sharing under clause 4.3.4(a) f the Guideline Nne t date Nne t date Nne t date 5 f 5