How to gain a marketplace advantage by anticipating privacy law changes

1.            Changes to privacy law are coming It seems almost certain that significant changes to privacy and spam law will happen in Australia within the next 1-2 years. There has been a tide of significant changes to privacy law in other jurisdictions.  Most notably: The European Union’s General Data Protection Regulation (GDPR) took effect in […]

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Trade promotions update | Instant win

Instant win promotions are usually considered games of chance in Australia. Here is an overview of the permits required, with our recommendations and tips to consider when running an instant win promotion.                                   Authored by: David Smith, Partner Jessica […]

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Major trade promotions changes proposed in NSW

The New South Wales government is proposing big changes to the way trade promotions are regulated. It has released a consultation draft of the Community Gaming Regulation 2020, which will give effect to the changes. In this update we explain the key proposed changes and some areas of uncertainty. Most notably: permits will no longer […]

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Draft Privacy Safeguard Guidelines for Consumer Data Right Released

What is the Consumer Data Right? The new Consumer Data Right (CDR) will take effect in February 2020, first in the banking sector then later in the telecommunications and energy sectors. The Government’s objective is to promote competition, choice and innovation. For example, it should become easier for a consumer to change banks because they […]

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Trade promotions update | gift offers: what you need to know

Here is an overview of what permits are required for gift offers, Trade promotions update | gift offers: what you need to know.   Are permits required? In some cases, yes. Permits may be required if there is any chance that a consumer will miss out on receiving a gift. It will all depend on […]

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Trade promotions update | record keeping: a guide

Here is an overview of 2019 record keeping needed for chance trade promotions lotteries, Trade Promotions Update | Record Keeping: A Guide.   What do you need to keep? Each state/territory in Australia (except Tasmania) has its own requirements on what records must be kept for trade promotions. In summary, you’ll need to keep all […]

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Consumer 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 […]

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Doing Business in Australia

The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, robust economy and easy access to Asia Pacific, Australia is an ideal investment location for foreign companies looking to grow internationally. There are important considerations for foreign investors to make when deciding on how to enter the Australian market. Whether it’s the […]

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Consumer 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 […]

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Trade 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 […]

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Intellectual 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 […]

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IP Safe Harbour Provisions removed from Competition and Consumer Law

On 14 February 2019 after some debate about amendments the Senate passed the bill to remove the intellectual property safe harbour provisions from the Competition and Consumer Act 2010 (Cth) (CCA). All intellectual property arrangements, such as licensing agreements and intellectual property assignments are now subject to the anti-competitive conduct restrictions in the CCA, including the sections in the […]

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