Data protection and the human error curse: Part 1 | Why CEOs and Directors need to be concerned

Something as simple as inadvertently sending a customer’s personal information to another person could cost your company dearly – lost earnings, lost customers, lost business partners, damage to reputation and increased compliance costs. If your company is governed by the Privacy Act 1988 (Cth), is a credit provider, deals with personal or health information or […]

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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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Use of electronic signatures

Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’.  Therefore, an electronic signature may take the form of an image of an individual’s […]

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Blockchain, not just Bitcoin – 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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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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Legal Considerations When Establishing E-Commerce Services

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Cyber security: are you ready for the new mandatory data breach notification law?

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 was passed by the Australian parliament on 13 February 2017.  Assuming that it receives royal assent within the coming days, it will become an Act (the Amendment Act).  The key amendments set out in the Amendment Act are likely to take effect 12 months after that, to […]

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Main Event streaming may see encore in courts

Pay TV operator Foxtel has vowed to take legal action against customers who streamed its pay-per-view content on Facebook without its permission. Foxtel has alleged that two of its customers posted live streams of the pay TV operator’s 3 February broadcast of the Danny Green and Anthony Mundine boxing match through Facebook accounts.  Viewers could […]

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Court orders American online video game distributor to pay $3 million for breach of the Australian Consumer Law

The Federal Court decision in Australian Competition and Consumer Commission v Valve Corp (No 3) [2016] FCA 196 puts foreign corporations on notice that when selling goods to Australian consumers, you may be required to comply with the consumer guarantees set out in the Australian Consumer Law (ACL). Valve Corporation (Valve) operates an online distribution […]

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Productivity Commission report seeks to progress Intellectual Property reforms

A new report could see sweeping reforms to Australia’s intellectual property system. The Federal Government’s Productivity Commission released its inquiry report into Australia’s intellectual property (IP) system on 20 December 2016. The report, which has been released for public consultation until 14 February 2017, foreshadows a number of suggested reforms, including reviewing the duration of […]

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Court orders ISPs to block access to online pirate’s websites

A Federal Court decision may provide a breakthrough in the push to curb online copyright infringement in Australia through overseas websites. In recent years, Australia has the earned an unenviable reputation as having one of the highest incidences of online copyright infringement in the world, by accessing pirate sites and the creation of Virtual Private […]

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