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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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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Government response to Digital Platforms Inquiry released

Just in time for Christmas, the Government has publicly released its much anticipated response to the recommendations made under the Australian Competition and Consumer Commission’s (ACCC) final report into the Digital Platforms Inquiry on 26 July 2019. The ACCC’s broad reaching report made 23 recommendations in relation to competition law, consumer protection, media regulation, and […]

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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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FMCG Express | September Edition

Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]

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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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Digital platforms inquiry final report released – potentially far reaching privacy impacts for Australian businesses

  Key privacy related points The ACCC supports the introduction of much tougher penalties for privacy law breaches. A direct right of action (and class action) could be introduced for breach of the Privacy Act 1988 (Cth). The definition of consent could be amended to require express, opt-in consent. There are recommendations to bolster consumers’ […]

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