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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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 […]

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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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Brexit – where to next for your IP Rights in the EU and UK?

After years of debate, tears and cheers, the UK’s Withdrawal Agreement Act 2020 received its Royal Assent on 23 January and as of 11pm on 31 January 2020, the UK officially left the EU after 47 years. The UK has now entered a transition period (Transition Period) until 31 December 2020 (Exit Day), where EU […]

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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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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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