Webinar | Anatomy of an ICT project
This hypothetical case study, grounded in deep experience with public entities Australia-wide, will highlight common risks and pitfalls of critical ICT projects in the public sector. These expensive and vital projects all too frequently fail to deliver key outcomes and expose participants to extraordinary risk. This session will address the optimal framing of a public […]
ReadmoreChanges to exemptions to the Electronic Transactions Act 1999 (Cth) yield mixed bag for banking industry
On 29 July 2020, the Commonwealth Government passed the Electronic Transactions Regulations 2020 (Cth) (Regulations), with changes to the scope of Commonwealth legislation that were wholly or partially exempt from the provisions of the Electronic Transactions Act 1999 (Cth) (Act) (Electronic Transactions Act). Exemption from the Act previously had the effect that requirements for writing, […]
ReadmoreACCC’s scrutiny of APRA’s licence fees and royalties is music to some businesses’ ears
Everybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]
ReadmoreConsumer Data Right – becoming an Accredited Data Recipient
The Consumer Data Right (CDR) reached a further milestone on 1 July 2020, as the Big 4 banks are now required to share consumer data in response to a consumer request. At present, this includes data from debit and credit cards, and savings and transaction accounts, and from November 2020 will include data from home […]
ReadmoreGoogle’s purchase of Fitbit raises anti-competitive concerns
On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues detailing its preliminary concerns with Google’s proposed acquisition of Fitbit. The ACCC has raised concerns with the proposed acquisition on the basis that it may provide Google with access to large volumes of consumer health data (in addition to […]
ReadmoreDon’t play games with Australian consumer rights
The Federal Court has ordered that Sony Interactive Entertainment Network (Sony) pay AUD$3.5 million in penalties as a result of making false and misleading representations to consumers in connection with their rights under the Australian Consumer Law (ACL). Background Sony is incorporated in the United Kingdom and is responsible for the PlayStation Network (PSN). It […]
ReadmoreCOVID-19 | MSP Webinar Series – Managing data breaches for your customers
During the COVID-19 pandemic there are a number of legal issues affecting the MSP community. For this session of our MSP webinar series (hosted on Friday 22 May), Dudley Kneller, a partner in Gadens’ Intellectual Property and Technology Team, was joined by Blare Sutton of McGrathNicol to discuss how to effectively manage a data breach […]
ReadmoreCOVID-19 | Stay Cyber Safe
In this joint publication with strategic communications agency Pesel & Carr, we break down how to manage your privacy obligations and communications effectively during the COVID-19 pandemic. There has been an uptick of reports of bad actors using the COVID-19 pandemic for scams, online frauds, and phishing campaigns. With new remote working arrangements and workplace […]
ReadmoreReal estate agent email hacked but buyer pays the price
If you have bought or sold a property recently, you probably received a warning about relying on emails directing you to pay money to a particular bank account without first checking with the sender that the email has not been altered. Given the amount of money involved, real estate transactions are a prime target for […]
ReadmoreCOVID-19 | COVIDSafe update: legislation and source code
The Commonwealth Parliament has now passed legislation to regulate the collection and use of COVID app data. In addition, the Commonwealth Digital Transformation Agency has now released the source code for the app, which has allowed independent analysis of how the app operates. This update discusses the legislation and the commentary in relation to the […]
ReadmoreCOVID-19 | Emergency Measures in Victoria – Electronic execution of deeds and mortgages, and remote witnessing
On 24 April 2020, the Victorian Government’s COVID-19 Omnibus (Emergency Measures) Act 2020 received Royal Assent. That Act made sweeping changes in various areas, on a temporary basis, to address many practical issues being faced due to the various restrictions in force to seek to minimise the spread of COVID-19. That Act permitted the Governor […]
ReadmoreCOVID-19 | Hindsight is 20/20: Reviewing telehealth privacy controls post-implementation
In the current COVID-19 pandemic environment, telehealth services have shifted from a ‘nice to have’ to a ‘must have’ for health service providers and patients. Within a few weeks, health services have seen the rapid implementation of telehealth platforms, including the move to cloud-based services to facilitate remote working arrangements. Now that these platforms and […]
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