The decision is clear – the AAT confirms that the Privacy Act applies to Clearview AI’s conduct
As briefly noted in our Gadens Regulatory Recap on 30 May 2023, the Administrative Appeals Tribunal (AAT) has recently handed down its decision regarding the conduct of Clearview AI Inc (Clearview AI), confirming the applicability of the Privacy Act 1988 (Cth) (Privacy Act) to the conduct of entities overseas, and recent amendments to the Privacy […]
ReadmorePrivacy Act Reforms – will individuals’ rights impact your business?
It has only been three months since the Attorney General’s Office released its report (Report) on the proposed amendments to the Privacy Act 1988 (Cth) (Privacy Act). The Report made 116 recommendations for reform. The recommended reforms are extensive and will, if implemented, have a substantial effect on how businesses regulated under the Privacy Act […]
ReadmoreFutureproofing Australia’s Payment System: Unveiling the Government’s Strategic Plan
The Australian Government has released its Strategic Plan for Australia’s Payments System (Strategic Plan). The Strategic Plan follows on from the Treasury’s Consultation Paper released in December 2022 and outlines a raft of proposed legislative and policy changes to the current payments system regulatory framework. The foreshadowed changes are significant and far-reaching and are aimed […]
ReadmoreDigital Tools and Medical Devices used for mental health – is yours a regulated medical device?
The Therapeutic Goods Administration (TGA) recently released guidance on digital tools and medical devices for the mental health sector (Guide).[1] The Guide aims to clarify whether software-based medical devices, products, services and tools used in the mental health sector (collectively, digital mental health products) are regulated by the TGA. Prior to the Guide, information about […]
ReadmoreEmployers, brace for changes to the Privacy Act’s employee record exemption
With everything and everyone moving online, going paperless and adopting flexible work practices, it’s no wonder employers are collecting more and more personal information, including sensitive personal information, from their employees. The employee record exemption At present, an organisation acting in its capacity as the employer (or former employer) of an individual in relation to […]
ReadmoreExperts share worrying cybercrime figures and give practical advice on safer digital practices
Gadens recently hosted an informative cyber themed panel event, hearing from Robert Feldman (Gadens), Mike Andrea (Oper8 Global), Darren Hopkins (McGrath Nicol) and Trent Nihill (Emergence) where the panel drew on their extensive experience from different industries to reflect on the high profile data breaches from 2022 and the implications for business in 2023 and […]
ReadmoreLessons learned from Australia’s recent spate of data breaches
2022 ended with a number of high-profile data breaches that affected millions of Australians. Barely a quarter of the way into 2023, Latitude Financial has become the focus of the next serious data breach. The government and the regulators have reacted swiftly and firmly, notably with an increase to penalties under the Privacy Act and […]
ReadmoreFMCG Express | March 2023 Edition
The latest edition of FMCG Express goes straight to the heart of legal issues affecting corporate Australia in 2023; reforms to unfair contracts legislation; changes to the Fair Work Act; privacy law amendments; and cyber and data security. Partner Breanna Davies and the Gadens team of contributors are at the forefront of the analysis of […]
ReadmoreRegulatory action for greenwashing is upon us
Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
ReadmorePenalties for consumer law breaches on the rise: Federal Court finds Employsure penalty ‘manifestly inadequate’
The recent Employsure decision makes it very clear that penalties for breaches of the Australian Consumer Law (ACL), particularly where those breaches occur online, cannot be considered a ‘cost of doing business’ by companies assessing risks around particular conduct or the adequacy of their compliance program. The Full Federal Court, on an appeal brought by […]
ReadmoreMandatory notifiable data breach scheme introduced for NSW government agencies
In a time of significant changes to the privacy landscape, not least the confirmed passing by the Senate yesterday afternoon of the Privacy Legislation Amendment (Enforcement & Other Measures) Bill, 2022 to increase fines and enhance the OAIC powers (see our recent article here), further well overdue changes were also announced for the public sector. […]
ReadmoreGood news for consumers? New Digital Platform laws to combat fake reviews, scams and unfair practices proposed
Last Friday the Australian Competition & Consumer Commission (ACCC) released its 5th report of the Digital Platform Services Inquiry. The much anticipated report deals with the competition and consumer issues raised in the Digital Platform Services Inquiry, the Digital Advertising Services Inquiry (2020-2021) and the Digital Platform Inquiry (2017-2019). Digital platforms are online spaces for […]
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