A step in the right direction – Australian Government Response to Privacy Act Reforms
Following the Attorney-General’s Department’s Privacy Act Review Report published in February 2023 (Report), the Australian Government has just published its response to the Report (Response). The Response follows submissions from various stakeholders (including by a submission by Gadens) on the 116 proposals in the Report that look to overhaul the current Privacy Act 1988 (Cth) […]
ReadmoreThe 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 […]
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 […]
ReadmoreIncreased competition and consumer law penalties now take effect
The maximum penalties for contraventions of competition law prohibitions in the Competition and Consumer Act 2010 (Cth) and offence and civil penalty provisions in the Australian Consumer Law have now markedly increased following the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) having received the Royal Assent. Of particular note, the maximum penalty for […]
ReadmoreDate set for ‘unfair contract terms’ to be rendered unlawful: Time to act
Businesses now have less than 12 months to cease using unfair contract terms in their standard form consumer contracts and small business contracts, now that the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) has received the Royal Assent. Whereas unfair contract terms can presently be rendered void and unenforceable, the use of unfair […]
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 […]
ReadmoreNew ICT Purchasing Framework for NSW Government agencies
The NSW Procurement Board recently updated the ICT Purchasing Framework documentation for the procurement of ICT goods and services. Procurement Board Direction PBD-2021-02 (Direction) came into effect on 1 July 2021 and will become mandatory for all NSW Government agencies from 1 September 2021. The Direction requires a NSW Government agency to use the new […]
ReadmoreEU Standard Contractual Clauses – out with the old and in with the new!
On 4 June 2021, the European Commission (EC) released the highly anticipated new Standard Contractual Clauses (SCCs) for cross-border transfers of data under the European Union’s (EU) General Data Protection Regulation (GDPR). The SCCs are a vital tool to enable the compliant international transfer of personal data from the EEA. The new SCCs take into […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreSuccessfully managing cyber security risks
In today’s world cyber security has never been more critical. Keeping your data secure has become increasingly complex, with hackers doing their best to stay one step ahead. Now more than ever before, it is important that you address cyber security risks as a key priority for your organisation. For Privacy Awareness Week 2021, our […]
ReadmoreWhere to from here? A realistic and practical balancing act for the small business exemption
Protecting the privacy rights of individuals and avoiding the burden of unnecessary compliance costs on small business can be a delicate balancing act. Various exemptions are currently under consideration under the review of the Privacy Act 1988 (Cth) (Privacy Act) by the Attorney-General’s Department (Privacy Act Review). In this article, we explore the small business exemption […]
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