On 23 September 2023, the Australian Competition and Consumer Commission (ACCC) brought separate actions against major supermarket retailers, Coles and Woolworths for breaching the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth) (ACL) by making false and misleading representations in their pricing strategies and promotions. What happened The ACCC alleges that Coles …
Expertise Archives:
Celine Seo
From Data Security to Doxxing: unpacking the first tranche of Privacy Act Reforms.
The Australian Government has taken a first step forward in its effort to bring Australian Privacy laws into the digital age, with the introduction of the Privacy and Other Legislation Amendment Bill 2024 (Bill) into Parliament last week. This announcement comes just shy of the one-year anniversary of the release of the Australian Government’s response …
Melissa Miller
ZeroFlucs Group Pty Ltd
Nikhil Ullal
Australia: Government response to the Privacy Act Review Report
This insight article was initially published on OneTrust DataGuidance, which can be viewed here. On September 28, 2023, the Australian Government released its response to the Attorney General’s Privacy Act Review Report (Response). The Response is the culmination of several years of work and several stages of reporting and engagement, following the initial recommendation in …
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The Legal 500 Country Comparative Guides: Artificial Intelligence in Australia
Partner Alex Hutchens, Special Counsel Rebecca Lindhout and Lawyers Sebastian Galetto and Alex Komarowski have authored the Australian chapter of the Legal 500 Country Comparative Guide for Artificial Intelligence. Whilst there is currently no AI-specific regulation in Australia, a variety of existing legislation will apply to AI’s broader deployment in Australia. Our experts provide an …
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New mandatory data breach notification laws for NSW local governments
On 28 November 2023, reforms enacted last year to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIPA) will come into effect. These reforms introduce a Mandatory Notification of Data Breach Scheme (MNDB Scheme) that applies to all NSW government agencies – including universities, local governments and state-owned corporations. The MNDB Scheme replaces …
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Charlie Watson
Jacob Bartels
Rob Dickfos
ACCC and ASIC intensifying crackdown on greenwashing
Both the Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have publicly announced that enforcement in relation to ‘greenwashing’ claims is a priority for this financial year. Consistent with that, the ACCC has recently released its report into the market review it conducted of greenwashing claims. The report is …
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New positive security obligations for owners of critical infrastructure
The Minister for Cyber Security, Clare O’Neill MP, has announced the immediate commencement of the third and final preventative obligation under the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act), for owners of certain asset classes listed in the Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 23/006) 2023 (CIRMP Rules). Responsible …
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Eagerly anticipated Australian Privacy Review released – digital-uplift, significant new rights for individuals and a processor controller distinction
After two years of extensive review and consultation, the Attorney-General’s Department released its Privacy Act Review Report (Report), yesterday, 16 February 2023. Coming in at over 300 pages, the Report has made 116 proposals to amend the Privacy Act 1988 (Cth) (Act) across three broad categories – the scope and application, protections and regulation and …
Stephen Iu
Influencing for profit – the new Therapeutic Goods Advertising Code 2021 – what you need to know
Key points Overview The 2021 TGA Code came into effect on 1 January 2022. While many changes under the 2021 TGA Code seek to clarify and simplify the 2018 TGA Code, there are also a number of key changes. The 2021 TGA Code makes changes to the requirements regarding mandatory statements that must be made in …
XPON Technologies IPO
Alan Wrigley
Is your business protected? Cyber security risks and the need for ongoing vigilance in 2021 and beyond
As the COVID-19 pandemic unfolded, organisations responded to the government-imposed restrictions in an accelerated timeframe which included migrating employees to hybrid working arrangements, primarily work-from-home (WFH). To facilitate this immediate transition, organisations of all sizes rapidly implemented digital revolutions that highlighted the increased risk of cyber security breaches and potential attacks, and heightened the requirements …
Australian Government proposes new broadcaster’s licence and forced investment quotas in Media Reform Green Paper
Australian broadcasters and free-to-air television networks may be able to make a ‘one-time transition’ to a new broadcaster’s licence with reduced tax and content quotas on multichannels. In exchange, those who take up the ‘new licence’ must agree to transmit content on reduced radiofrequency spectrum, with surplus spectrum to be auctioned off to the telecommunications …
Verification of identity – does it always need to be in person?
[vc_row][vc_column][vc_column_text]Verification of Identity (VOI) is an important safeguard in property transactions, providing certainty about the identity of parties and aiming to prevent fraudulent dealings. Traditionally, this process has taken place via face-to-face meetings; however, given technological advancements and requirements resulting from the COVID-19 pandemic, verifying a party’s identity virtually is becoming more common. With the …
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The 2020 global Zoom boom
The COVID-19 pandemic has brought unprecedented technological challenges, particularly our engagement with others through technology. Platforms such as, Zoom, Microsoft Teams, Cisco Webex, Google Hangouts Meet, Skype and BlueJeans have become increasingly popular worldwide among businesses and individuals. The global pandemic has changed the vast majority of the population’s behaviour patterns, particularly the manner in …
Mandatory news media bargaining code – is the model right?
Background In April 2020, the Commonwealth Government directed the Australian Competition and Consumer Commission (ACCC) to create a mandatory news media bargaining code, designed to establish a mandatory framework for negotiating and agreeing payments to news content creators by the digital platforms (specifically Facebook and Google) that display and link to that news content (Code). …
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Privacy ‘must haves’ in a digitalised and data-heavy post-COVID economy
It’s been over six months since COVID-19 disrupted the day-to-day operations of businesses in Australia. As we near the end of 2020, many businesses have now fast-tracked digitalisation across their business models and activities, pivoted to new goods and service offerings, moved business operations and interactions online, distributed their workforce, and implemented COVID-tracing capabilities. While …
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Cybersecurity in the post Covid workplace – stress testing your defences
WHO SHOULD READ THIS Business Owners, CEO’s, CFO’s, CIO’s, CISO’s, Executive Managers, Insurance and Risk Managers. THINGS YOU NEED TO KNOW Cybersecurity must be addressed in the same way as any other business risk to protect critical processes and functions and to ensure business continuity. A robust cybersecurity framework should be supported by a carefully …
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Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery
The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …
Commonwealth Government releases IoT Security Code of Practice
After a period of significant public consultation, including consideration of submissions from over 4,000 organisations, on 3 September 2020, the Commonwealth Government of Australia released its Code of Practice: Securing the Internet of Things for Consumers (Code). The Code sets out a voluntary set of 13 principles that vendors of Internet of Things (IoT) devices …
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