OAIC Medibank action a wakeup call for organisations to uplift privacy compliance

The Office of the Australian Information Commissioner (OAIC) has made data breaches a regulatory priority for 2023-2024, with an increased focus on regulatory action where there may be serious failures to take reasonable steps to protect personal information, inappropriate data retention practices or failures to comply with the notification procedure from the Notifiable Data Breaches […]

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AI’s Ultron Moment – Johansson Takes on OpenAI Over Uncanny Voice Resemblance

You’ve heard of a lookalike, but have you heard of a soundalike? The Aural Uncanny Valley: it’s something that sounds the same as something else, but is just not quite right.  New generative AI (gen-AI) tools have boldly gone where no human has gone before, using AI-generated voices to create song covers by your favourite […]

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FMCG Express | March 2024 Edition

In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]

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Finder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture

The Federal Court has handed down its second significant decision involving crypto assets this year. The judgment in ASIC v Finder Wallet Pty Ltd[1] (Finder) follows the recent decision in the BlockEarner case[2] and provides some further guidance for crypto-asset issuers attempting to navigate the present uncertainty around the intersection of digital assets and financial […]

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Buy Now Pay Later: the shape of the new regulatory regime

Treasury has released the much anticipated draft legislation for the regulation of Buy Now Pay Later (BNPL) products and confirmed that BNPL providers should prepare to obtain a new or modified Australian Credit Licence and work through the impact of being regulated as credit providers on their businesses. Anti-avoidance protections promise to ensure there is […]

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New announcements made ahead of Federal Government’s updated Cyber Security Strategy release

Cyber note – New developments: Australian businesses to report cyber ransom demands under proposed no-fault system New cyber-risk reporting requirements for Australian telcos With its updated Cyber Security Strategy expected to be released next week, the Federal Government has set the scene, by making a number of early announcements. What is telling is that these […]

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Defamation – what is required to establish ‘serious harm’?

The Federal Court of Australia recently handed down a decision in Selkirk v Hocking (No 2)[1] shedding light on the serious harm element of the cause of action for defamation. Background In November 2019, Ms Selkirk was convicted of multiple counts of dishonestly obtaining financial advantage by deception by using falsified receipts to return goods […]

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FMCG Express | September 2023 Edition

In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]

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Unmasking errors – the TGA’s post-market face mask review

The Therapeutic Goods Administration (TGA) has recently had to make amends after releasing information about surgical face masks sponsored by M House Pty Ltd (M House) without authority under the Therapeutic Goods Act 1989 (Cth) (Act). The Australian Register of Therapeutic Goods (ARTG) saw a rapid rise of medical device inclusions in the wake of […]

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Fake news? – ACMA to receive new powers to hold digital platforms to account

The Australian Government has set its sights on combatting the growing trend of misinformation and disinformation on digital platforms, including social media channels, with the release of the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Draft Bill) last Sunday. If implemented as proposed, the Australian Communications and Media Authority (ACMA) would be […]

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The 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 […]

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Privacy 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 […]

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