Did Google get off lightly? ACCC v Google and ACL penalty regime changes
The Federal Court has handed down its penalty decision in Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942 (ACCC v Google)[1], confirming its landmark findings against the tech giant from late last year[2]. Google LLC (Google US), the parent company of Google Australia Pty Ltd (Google Australia), was ordered to […]
ReadmoreA change in Government may put the brakes on Australia’s support of AI and ADM? Or perhaps not?
The recent change to Australia’s Government will likely see a raft of changes. Of particular interest is whether and to what extent the new Labor Government will embrace artificial intelligence (or AI) and automated decision making (or ADM). You will recall the release of the former Coalition government’s Digital Economy Strategy (Strategy) in Budget 2021-2022. […]
ReadmoreHow can insurance providers stay ahead of the implementation of CDR in 2022?
Consumer Data Right presents new legal risks and challenges for insurers. Consumer Data Right (CDR) gives a consumer more control over their information, enabling them to access and share their data with accredited third parties to obtain better deals on everyday products and services. The Australian Government sees the CDR as central to driving competition […]
ReadmoreUK Data Reform Bill – What does ‘UK GDPR’ mean for Australian businesses?
The UK Government’s response to the post-Brexit ‘UK GDPR’ reforms was issued on Friday last as part of London Tech Week. It was met with mixed reaction, locally and globally. But what does the reform of the UK’s data protection laws mean for global and Australian organisations doing business in the UK? How great of […]
ReadmoreFederal Court finds RI Advice failed to adequately manage cybersecurity risks
In the landmark decision of Australian Securities and Investments Commission v RI Advice Group Pty Ltd (RI Advice) [2022] FCA 496, the Federal Court found that Australian Financial Services licensee, RI Advice, breached its license obligations to act efficiently and fairly when it failed to have adequate risk management systems to manage its cybersecurity risks. […]
ReadmoreFMCG Express | March 2022 Edition
Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]
ReadmoreSecurity Legislation Amendment (Critical Infrastructure) Act 2021
Executive Summary The recently released Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) (SOCI Act) has amended the Security of Critical Infrastructure Act 2018 (Cth) with a view to further managing the complex and evolving national security risks of sabotage, espionage and coercion posed by foreign involvement in Australia’s critical infrastructure. The amended SOCI legislation […]
ReadmoreOnline Privacy Bill – Privacy reforms for the social media age
The Attorney-General’s Department has released the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill). The Online Privacy Bill sets out amendments to the Privacy Act 1988 (Cth) (Privacy Act) to introduce a framework for the development and enforcement of a binding online privacy code (OP Code). […]
ReadmoreCOVID-19 | Insight for employers – rapid antigen tests and collection of vaccination information
The COVID-19 pandemic has required employers to stay across ever emerging issues to ensure compliance with requirements and the implementation of best practice approaches. This update covers two evolving issues: the use of rapid antigen testing, and the collection of vaccination information, specifically, individual healthcare identifiers. What is rapid antigen testing? Rapid antigen testing can […]
ReadmoreHow to infringe the Privacy rights of millions of Australians with a few clicks… a cautionary tale by Big Brother and his friends
On 14 October 2021, the Australian Information Commissioner and Privacy Commissioner determined that by using its facial recognition platform to crawl the web to scrape biometric information from various sources on the internet and disclose it through its software, Clearview AI, had breached the privacy rights of millions of Australians.[1] Clearview AI has been described […]
ReadmoreFMCG Express | September 2021 Edition
The first half of the year brought signs that the business malaise post-COVID-19 was beginning to lift, however, we are seeing ongoing disruption facing the FMCG sector. We are finally seeing some green shoots with the end of lockdown on the horizon. In this edition, the team explores the evolution of the digital consumer experience; […]
ReadmoreCOVID-19 | Vaccinations and privacy – what can businesses ask individuals about COVID-19 vaccinations?
The Australian Health Protection Principal Committee has been requested last month to reconsider its previous decision against mandating COVID-19 vaccinations for aged care workers. Given the most recent outbreaks in New South Wales and Queensland, and the growing call for accelerating the COVID-19 vaccine roll-out in Australia, businesses will need to be aware of the […]
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