FSR Wrap | November 2020

As we approach the end of the year, Gadens’ FSR Team presents an update for the financial services regulatory market. This edition of FSR Wrap provides a focus on ‘business as usual’ regulations of importance to Australian financial services companies. As we look to 2021 and the introduction of a raft of legislation that has […]

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FMCG Express | October Edition

2020 continues to be an interesting year with COVID-19 still impacting our lives and businesses, although we are cautiously optimistic that we may be turning a corner here in Australia. In this edition of FMCG Express, we bring you some useful COVID-19 reading as we grapple with the ongoing effects of the pandemic and look […]

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HealthEngine decision: understanding the overlap between privacy and consumer laws

We have seen a recent overseas trend by EU and US based competition regulators to address privacy related matters within a broader competition context. This is not something we have seen occurring in Australia to any great extent although the recent introduction of the Consumer Data Right has seen both the Office of the Australian […]

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Webinar | Cyber Security in 2020

The Victorian Society for Computers and the Law (VSCL) and the North American Australian Lawyers Alliance Incorporated (NAALA) present Cyber Security in 2020. Moderated by Paul Cenoz, President of the NAALA, the panel navigated an insightful discussion of the current state of cyber security, including Australia’s Cyber Security Strategy 2020; best practice in regards to […]

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FSR Wrap | July 2020

Gadens has launched a new financial services regulatory update publication to keep the market informed of the latest developments – welcome to FSR Wrap. Gadens has extensive knowledge and expertise across the financial services sector. In the July 2020 edition of FSR Wrap, Edward Martin, Liam Hennessy, Glenn McGowan QC, Dudley Kneller and Gadens’ FSR […]

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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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Don’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 […]

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COVID-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 […]

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COVID-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 […]

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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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