FMCG Express | March 2022 Edition

Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]

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New trade promotions regulation in South Australia

South Australia is introducing a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation The Lotteries Regulation 2021 (SA) (Regulation) will take effect on 10 December 2021. The South Australian government consulted with stakeholders on a draft of the Regulation (see our recent update) but minimal changes have been made in […]

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FMCG Express | September 2021 Edition

The first half of the year brought signs that the business malaise post-COVID-19 was beginning to lift, however, we are seeing ongoing disruption facing the FMCG sector. We are finally seeing some green shoots with the end of lockdown on the horizon. In this edition, the team explores the evolution of the digital consumer experience; […]

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New ICT Purchasing Framework for NSW Government agencies

The NSW Procurement Board recently updated the ICT Purchasing Framework documentation for the procurement of ICT goods and services. Procurement Board Direction PBD-2021-02 (Direction) came into effect on 1 July 2021 and will become mandatory for all NSW Government agencies from 1 September 2021. The Direction requires a NSW Government agency to use the new […]

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Unfair contract terms – big changes mean big risk for businesses

Many businesses will be familiar with the existing ‘unfair contract terms’ regime in the Australian Consumer Law (the ACL). Draft legislation has been circulated which will implement big changes, including potential penalties of $10 million or more. Businesses will likely need to review many of their contract terms, as the new regime will be much […]

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South Australia shakes up ‘game of chance’ trade promotion regulations

The South Australian Government has now completed an extensive review of its Lottery and Gaming Regulations 2008 (SA). It has issued a draft of the proposed Lotteries Regulations 2021 (SA) for comment. These would replace the existing regulations in December this year. The upshot: incremental improvements While the Lotteries Regulations would introduce some small improvements, […]

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EU Standard Contractual Clauses – out with the old and in with the new!

On 4 June 2021, the European Commission (EC) released the highly anticipated new Standard Contractual Clauses (SCCs) for cross-border transfers of data under the European Union’s (EU) General Data Protection Regulation (GDPR). The SCCs are a vital tool to enable the compliant international transfer of personal data from the EEA. The new SCCs take into […]

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FMCG Express | May 2021 Edition

2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]

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Successfully managing cyber security risks

In today’s world cyber security has never been more critical. Keeping your data secure has become increasingly complex, with hackers doing their best to stay one step ahead.  Now more than ever before, it is important that you address cyber security risks as a key priority for your organisation. For Privacy Awareness Week 2021, our […]

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Trade Promotions update | ‘Gift with Purchase’ offers in South Australia

We have some exciting news about changes to ‘Gift with Purchase’ trade promotions in South Australia. Read our full update below: If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Jessica Bell, Paralegal +61 3 9252 7701 | jessica.bell@gadens.com Sonja Muzoska, […]

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Where to from here? A realistic and practical balancing act for the small business exemption

Protecting the privacy rights of individuals and avoiding the burden of unnecessary compliance costs on small business can be a delicate balancing act. Various exemptions are currently under consideration under the review of the Privacy Act 1988 (Cth) (Privacy Act) by the Attorney-General’s Department (Privacy Act Review). In this article, we explore the small business exemption […]

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ASIC provides ‘no action’ relief for conducting virtual meetings and delayed AGMs

After the Federal Government’s proposed legislation to extend the temporary relief for corporations to conduct virtual meetings stalled in the Parliament, we speculated in our recent update as to whether ASIC would issue a ‘no action’ position, electing not to take regulatory action against companies conducting virtual meetings despite requirements to do so in the […]

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