New Trade Promotions Regulation in NSW

New South Wales has introduced a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation As noted in our recent update, the Community Gaming Regulation 2020 (NSW) took effect on 1 July 2020. While the NSW government had consulted with stakeholders on a draft of the Regulation, significant changes were […]

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Consumer 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 […]

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SPAM should only be found on the Supermarket shelves – not in my inbox!

A recent case in which Woolworths Group Limited (Woolworths) was fined $1,003,800 by the Australian Communications and Media Authority (ACMA) for over five million breaches of the Spam Act 2003 (Cth) (the Spam Act) is a stark reminder of the importance of establishing and maintaining rigorous controls to ensure that commercial electronic messages are only […]

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Major Trade Promotion Changes in NSW

Major changes to trade promotions regulations in New South Wales take effect tomorrow (1 July 2020). The key change implemented by the Community Gaming Regulation 2020 is that a permit will no longer be required for a trade promotion with a total prize pool worth $10,000 or less. This is a significant change that will […]

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COVID-19 | Coronavirus and Trade Promotions: The Latest

COVID-19 has interrupted the marketing and promotional activities of many businesses. We look at the changes being implemented by the trade promotion regulators around Australia in response to the pandemic. Click below to download the full article.   For details of all our COVID-19 tips and updates, visit the Gadens COVID-19 Hub.   Authored by: David […]

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COVID-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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COVID-19 | Myths and legends behind COVIDSafe

By now, we are sure you have read countless articles and have heard varying opinions on the Federal Government’s new COVIDSafe app and you may still be struggling to decide whether or not to take the plunge and download it. On Monday, the Federal Government released draft legislation regarding the COVIDSafe app in an attempt […]

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Would you like a free burrito?

Would you download a fast food store’s mobile app, hand over your personal information, reveal your credit card details, and give access to your location data, simply to receive a free burrito? Me too.  But how are we really paying for it?  And what happens to all of that data? This article will let you […]

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FMCG Express | April Edition

It has been a tumultuous start to 2020, with the devastating droughts and bushfire season, followed by the COVID-19 pandemic. Australian businesses have been faced with unprecedented challenges, and the impact on the FMCG, retail and hospitality sectors has been profound. While some areas of the FMCG sector are on the up, others are struggling, […]

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COVID-19 | Managing privacy during a pandemic: practical steps and considerations for businesses

Please note that this information is subject to change as further information and guidance is released by Federal, State and Territory governments. In recent weeks, Gadens has been assisting clients to deal with a range of privacy challenges which have arisen as a result of the global COVID-19 pandemic.  Businesses are grappling with the obligations […]

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Why creative people and organisations need terms and conditions

A recent Federal Court case shows why it’s important for creative people and organisations to develop standard terms and conditions that apply to their services. The case is Hardingham v RP Data Pty Limited [2019] FCA 2075.   Facts Briefly, the facts of the case were: Mr Hardingham is a professional photographer.  He is the […]

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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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