Google’s purchase of Fitbit raises anti-competitive concerns
On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues detailing its preliminary concerns with Google’s proposed acquisition of Fitbit. The ACCC has raised concerns with the proposed acquisition on the basis that it may provide Google with access to large volumes of consumer health data (in addition to […]
ReadmoreCOVID-19 | Coronavirus and Trade Promotions: The Latest
COVID-19 has interrupted the marketing and promotional activities of many businesses. We look at the changes being implemented by the trade promotion regulators around Australia in response to the pandemic. Click below to download the full article. For details of all our COVID-19 tips and updates, visit the Gadens COVID-19 Hub. Authored by: David […]
ReadmoreDon’t play games with Australian consumer rights
The Federal Court has ordered that Sony Interactive Entertainment Network (Sony) pay AUD$3.5 million in penalties as a result of making false and misleading representations to consumers in connection with their rights under the Australian Consumer Law (ACL). Background Sony is incorporated in the United Kingdom and is responsible for the PlayStation Network (PSN). It […]
ReadmoreCOVID-19 | Disaster Profiteering Outlawed (for now)
The Australian Government has outlawed price gouging for some essential goods until 18 June 2020 under a new Biosecurity law. Here is what you need to know. The Australian Government has passed a new determination to prohibit price gouging for certain “essential” goods (Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020 (Cth)). […]
ReadmoreHow to gain a marketplace advantage by anticipating privacy law changes
1. Changes to privacy law are coming It seems almost certain that significant changes to privacy and spam law will happen in Australia within the next 1-2 years. There has been a tide of significant changes to privacy law in other jurisdictions. Most notably: The European Union’s General Data Protection Regulation (GDPR) took effect in […]
ReadmoreTrade promotions update | Instant win
Instant win promotions are usually considered games of chance in Australia. Here is an overview of the permits required, with our recommendations and tips to consider when running an instant win promotion. Authored by: David Smith, Partner Jessica […]
ReadmoreMajor trade promotions changes proposed in NSW
The New South Wales government is proposing big changes to the way trade promotions are regulated. It has released a consultation draft of the Community Gaming Regulation 2020, which will give effect to the changes. In this update we explain the key proposed changes and some areas of uncertainty. Most notably: permits will no longer […]
ReadmoreDraft Privacy Safeguard Guidelines for Consumer Data Right Released
What is the Consumer Data Right? The new Consumer Data Right (CDR) will take effect in February 2020, first in the banking sector then later in the telecommunications and energy sectors. The Government’s objective is to promote competition, choice and innovation. For example, it should become easier for a consumer to change banks because they […]
ReadmoreTrade promotions update | gift offers: what you need to know
Here is an overview of what permits are required for gift offers, Trade promotions update | gift offers: what you need to know. Are permits required? In some cases, yes. Permits may be required if there is any chance that a consumer will miss out on receiving a gift. It will all depend on […]
ReadmoreTrade promotions update | record keeping: a guide
Here is an overview of 2019 record keeping needed for chance trade promotions lotteries, Trade Promotions Update | Record Keeping: A Guide. What do you need to keep? Each state/territory in Australia (except Tasmania) has its own requirements on what records must be kept for trade promotions. In summary, you’ll need to keep all […]
ReadmoreConsumer data right coming to the energy sector
The consumer data right (CDR) will provide consumers the right to access specific data in relation to them held by businesses, and to authorise access to this data by trusted and accredited third parties. The aim of the CDR is to provide consumers with more control over their data, which would give consumers more agency […]
ReadmoreConsumer Data Right back on track
On 1 August 2019, the Senate passed the Treasury Laws Amendment (Consumer Data Right) Bill 2019 to introduce amendments to the Competition and Consumer Act 2010, the Privacy Act 1988, and the Australian Information Commissioner Act 2010 to form the framework for the Consumer Data Right (CDR). The bill followed a relatively quick turnover after […]
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