COVID-19 | When a party cannot meet its contract obligations
The current state of play The outbreak of COVID-19 has ushered in extraordinary challenges to the Australian and global business landscape. The Government response and action to COVID-19 continues to evolve on a day-by-day basis, with further restrictions being imposed in a rapid attempt to control the spread of the virus. The restrictions are being introduced at both a State and […]
ReadmoreCLOUD on the horizon
Australia and the United States (US) have recently entered into negotiations for a bilateral agreement that would enable law enforcement agencies in each country to more easily obtain access to electronic information held by communications service providers (CSPs) in the other country.[1] Electronic communications services, including social media, are increasingly being used to facilitate illegal […]
ReadmoreUse of electronic signatures: reinforcing the need for a clear understanding
Following on from our previous e-update on the use of electronic signatures, the recent case of Bendigo and Adelaide Bank Ltd & Ors v Kenneth Ross Pickard & Anor [2019] SASC 123 (the Pickard Case) confirms our earlier comments that it would be preferable for a company to execute a Deed using a wet-ink signature. […]
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 […]
ReadmoreNo injunction to enforce legal professional privilege – High Court’s decision in Glencore highlights the extreme risks of data breach
The High Court has in Glencore v Commissioner of Taxation[1] determined unanimously that legal professional privilege is not a legal right that is enforceable by way of an injunction when confidential documents enter the public domain, even as a result of theft. Privilege remains a fundamental right but it is only an immunity from complying […]
ReadmoreIf you have a website, read this: .au direct registration available soon
Second level .au domain names are expected to be available for registration from Q4 2019. Brand owners and current domain name registrants should all consider taking action to secure .au domain names, whether for direct use or for the purpose of preventing third parties from registering domain names that incorporate their brands. In this article, […]
ReadmoreEncryption access for government agencies
New Commonwealth laws, which can also be used by State police forces in some cases, allow law enforcement agencies greater potential access to encrypted information, highlighting both security and privacy considerations. As we come to rely more and more on technology, businesses and individuals need to be able to trust the security and privacy of […]
ReadmoreData protection and the human error curse: Part 1 | Why CEOs and Directors need to be concerned
Something as simple as inadvertently sending a customer’s personal information to another person could cost your company dearly – lost earnings, lost customers, lost business partners, damage to reputation and increased compliance costs. If your company is governed by the Privacy Act 1988 (Cth), is a credit provider, deals with personal or health information or […]
ReadmoreMalicious or criminal attacks the main cause of notifiable data breaches
The number of reported data breaches in Australia significantly increased in the period of 1 April to 30 June 2018, according to the second report on the Notifiable Data Breaches scheme by the Office of the Australian Information Commissioner (OAIC). The scheme, which commenced on 22 February 2018, requires private sector and federal government entities […]
ReadmoreUse of electronic signatures
Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’. Therefore, an electronic signature may take the form of an image of an individual’s […]
ReadmoreBlockchain, not just Bitcoin – legal issues
Blockchain is an ever growing list of transactions that are verified and permanently recorded – here are our top 5 legal issues. Click here for full size image. Authored by: David Smith, Partner, Melbourne Emma Duke, Associate, Melbourne
ReadmoreData breaches by aged care providers – complying with the Mandatory Data Breach Scheme
Aged care providers will be subject to the Notifiable Data Breach scheme which requires organisations, including residential and home care providers, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, […]
Readmore
