FMCG Express | September Edition
Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]
ReadmoreConsumer Data Right back on track
On 1 August 2019, the Senate passed the Treasury Laws Amendment (Consumer Data Right) Bill 2019 to introduce amendments to the Competition and Consumer Act 2010, the Privacy Act 1988, and the Australian Information Commissioner Act 2010 to form the framework for the Consumer Data Right (CDR). The bill followed a relatively quick turnover after […]
ReadmoreDigital platforms inquiry final report released – potentially far reaching privacy impacts for Australian businesses
Key privacy related points The ACCC supports the introduction of much tougher penalties for privacy law breaches. A direct right of action (and class action) could be introduced for breach of the Privacy Act 1988 (Cth). The definition of consent could be amended to require express, opt-in consent. There are recommendations to bolster consumers’ […]
ReadmoreTrade Promotions Update | New Permit Application Fees 2019
Here is an overview of 2019 permit requirements and fees, for chance trade promotions lotteries, Trade Promotions Update New Permit Application Fees 2019. When and where is a permit needed? For chance trade promotion lotteries, you need a permit in: NSW – always, regardless of prize value ACT – always for promotions where the […]
ReadmoreLessons from 12 months of notifiable data breaches in Australia
The notifiable data breach regime under the Privacy Act 1988 (Cth) has now been in place for a little over 12 months. Earlier this week the Office of the Australian Information Commissioner released a 12-month Insights Report which contains some interesting statistics and observations. Statistics – notifiable data breaches Extrapolating from the full-year statistics for […]
ReadmoreMajor changes to privacy law announced – but will they be implemented?
Key points Commonwealth Government announces large increases to penalties for privacy breaches Regulator to receive funding boost and additional enforcement powers Social media sites and other online platforms face further specific privacy requirements Looming Federal election leaves some uncertainty over whether changes will be implemented Mosque massacre prompts Government into action on privacy law reform […]
ReadmoreIntellectual property exception to competition law prohibitions to be removed. Time to review IP dealings for anti-competitive provisions.
Effective from 12 September 2019, the exception to the prohibitions on restrictive trade practices, contained in Part IV the Competition and Consumer Act 2010, for the conditional licensing and assignment of intellectual property will be removed. The impact from this will be that, effective from that date, all transactions involving IP will become subject to competition law prohibitions […]
ReadmoreMinimum pricing for alcohol in the Northern Territory
Alcohol sold in the Northern Territory to consumers can no longer be priced for less than $1.30 per standard drink. Full details can be found in the attached overview.
ReadmoreACCC preliminary report on Google and Facebook could lead to major privacy law changes
On 10 December 2018 the Australian Competition and Consumer Commission released its preliminary report in relation to the Digital Platforms Inquiry which the ACCC has been conducting at the direction of the Commonwealth Government. The Inquiry is into the impact of online search engines, social media and digital content aggregators on competition in the media […]
ReadmoreProfiles in Privacy | Justin Geri, Ferrier Hodgson
Welcome to the December edition of Profiles in Privacy. In this series we profile prominent players in privacy and data protection in Australia Justin Geri is Director – Forensic IT at Ferrier Hodgson in Melbourne. Justin’s services are in high demand amongst organisations that suffer a cybersecurity breach – or that are trying to avoid […]
ReadmoreNew National Gift Card Law
Following New South Wales and South Australia introducing a minimum 3 year expiry date on gift cards / vouchers sold in 2018, the Federal Government passed a similar law on 18 October 2018 which applies to all States and Territories. Click here to view full size pdf, with details.
ReadmoreThe new Consumer Data Right will start with “open banking” from July 2019
A new Consumer Data Right will take effect from July 2019, first in the banking sector then in the telecommunications and energy sectors. David Smith outlines the Consumer Data Right and all the pieces that need to come together in the coming months in order to implement this reform. Banking: the first industry subject to […]
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