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 […]

Readmore

International Privacy Checklist

Are you on top of your international privacy compliance requirements? It is crucial that your business is meeting its obligations. Gadens privacy experts Dudley Kneller (Partner) and Raisa Blanco (Senior Associate) have developed this complimentary checklist with LexisNexis Regulatory Compliance. The checklist is designed to help you identify your international privacy obligations and includes a […]

Readmore

ACCC seeks ban on unfair trading practices

On 10 December 2020 the Australian Competition and Consumer Commission (the ACCC) released its Perishable Agricultural Goods Inquiry Report (the Report). Purpose of the inquiry The ACCC’s inquiry into markets for the supply of perishable agricultural goods was conducted at the direction of the Commonwealth Treasurer, the Hon. Josh Frydenberg MP. The ACCC conducted a […]

Readmore

Kraft v Bega – Key intellectual property and contractual takeaways for transactions

Since our coverage of the Kraft vs. Bega battle in our September 2019 edition of FMCG Express, the battle between food giants Bega and Kraft made it all the way to the High Court of Australia! The High Court recently refused special leave to appeal by Kraft, ultimately ruling in favour of Bega and upholding […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore

COVID-19 | The COVID-19 pivot – avoiding the trade mark pitfalls

The COVID-19 pandemic has changed several aspects of life, including how many businesses operate. It is no longer unusual to see cafés selling condiments and expanding to home delivery and catering. Restaurants are selling groceries and delivering meal tool kits; everyday household items can be purchased from fast food chains; and live event stage designers […]

Readmore

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 […]

Readmore

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 […]

Readmore

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 […]

Readmore