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Profiles in Privacy | Fiona Anderson, Treasury Wine Estates

In our Profiles in Privacy series, we profile prominent players in privacy and data protection in Australia. Fiona Anderson, Senior Legal Counsel at Treasury Wine Estates, has nearly 18 years experience as a commercial lawyer. She has been in the legal team at Treasury Wine Estates for over 7 years and takes the lead within […]

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Trade Incentives

Trade Incentive Promotions run business to business, or business to employee, rather than business to consumer. Here is an overview of those things to consider, when running trade incentive promotions. Click here to view full size image.  Authored by: David Smith, Partner Jess Bell, Paralegal Allison Rickard, Paralegal

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Malicious 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 […]

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Trade Promotions Update | New Permit Application Fees

Here is an overview of 2018 permit requirements and fees, for chance trade promotions lotteries. For full size image click here.

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Privacy Compliance Checklist

Privacy Awareness Week starts on 13 May 2018.  To celebrate, Gadens shares its tips on what to include in your privacy compliance program. Click here to view full size image    

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New Gift Card Law in NSW

In general, gift cards have been governed by standard consumer laws. However, for the first time in Australia, New South Wales has specific requirements for gift cards / vouchers sold to consumers. Full details can be found in the attached PDF: Authored by: David Smith, Partner Madeleine McMaster, Lawyer, Melbourne Allison Rickard, Law Clerk Jessica […]

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Blockchain, 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

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Data 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, […]

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Refer-a-Friend Promotions

Refer-a-friend promotions are where consumers are encouraged to refer their friends to enter a promotion, or to find out about a promotion. Here is our overview of the specific issues raised in refer-a-friend promotions. Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk Jessica Bell, Law Clerk

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Franchisors may be able to avoid liability for franchisees’ conduct under the Estate Agents Act

Franchisors’ joint and several liability for the negligence and defalcations of their franchisee estate agents has been cast into doubt by a recent decision of the Supreme Court of Victoria. In Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd [1] , the court narrowly read the definition of “franchising agreement” […]

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Data breaches by schools – complying with the Mandatory Data Breach scheme

The Notifiable Data Breach scheme which requires organisations, including schools, 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, or loss of, personal information held by the school; and a […]

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Franchisors exposed for franchisee failures with passage of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017

Further to our update, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has been passed by the Australian Parliament after modification by the Senate. The Act became law on 15 September 2017. Franchisors will come under the new regime from 27 October 2017. Introduced following revelations of franchisees breaching their obligations as employers, […]

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