FMCG Express | October Edition
2020 continues to be an interesting year with COVID-19 still impacting our lives and businesses, although we are cautiously optimistic that we may be turning a corner here in Australia. In this edition of FMCG Express, we bring you some useful COVID-19 reading as we grapple with the ongoing effects of the pandemic and look […]
ReadmoreHealthEngine decision: understanding the overlap between privacy and consumer laws
We have seen a recent overseas trend by EU and US based competition regulators to address privacy related matters within a broader competition context. This is not something we have seen occurring in Australia to any great extent although the recent introduction of the Consumer Data Right has seen both the Office of the Australian […]
ReadmoreCOVID-19 | ASIC publishes expectations of retail lenders when loan repayment deferrals end
On 13 August 2020, the Australian Securities and Investments Commission (ASIC) issued letters to lenders, notifying them of ASIC’s expectations once the mortgage deferral period expires next month. Lenders had offered the six month mortgage repayment deferral period to their customers, in response to the COVID-19 pandemic, which debt is estimated to be worth billions […]
ReadmoreACCC’s scrutiny of APRA’s licence fees and royalties is music to some businesses’ ears
Everybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]
ReadmoreNew Trade Promotions Regulation in NSW
New South Wales has introduced a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation As noted in our recent update, the Community Gaming Regulation 2020 (NSW) took effect on 1 July 2020. While the NSW government had consulted with stakeholders on a draft of the Regulation, significant changes were […]
ReadmoreConsumer Data Right – becoming an Accredited Data Recipient
The Consumer Data Right (CDR) reached a further milestone on 1 July 2020, as the Big 4 banks are now required to share consumer data in response to a consumer request. At present, this includes data from debit and credit cards, and savings and transaction accounts, and from November 2020 will include data from home […]
ReadmoreSPAM should only be found on the Supermarket shelves – not in my inbox!
A recent case in which Woolworths Group Limited (Woolworths) was fined $1,003,800 by the Australian Communications and Media Authority (ACMA) for over five million breaches of the Spam Act 2003 (Cth) (the Spam Act) is a stark reminder of the importance of establishing and maintaining rigorous controls to ensure that commercial electronic messages are only […]
ReadmoreMajor Trade Promotion Changes in NSW
Major changes to trade promotions regulations in New South Wales take effect tomorrow (1 July 2020). The key change implemented by the Community Gaming Regulation 2020 is that a permit will no longer be required for a trade promotion with a total prize pool worth $10,000 or less. This is a significant change that will […]
ReadmoreGoogle’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)). […]
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