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Aug 28, 2024 | 
hcamag.com | Kristy Peacock-Smith |Hamish Fraser |Thomas Du
'Secondary purpose' for collecting information can trip up employers It is well known that there is an exemption to the requirements of the Australian Privacy Act 1988 (Cth) (Act), which means that an employer does not need to comply with the provisions of the Act in dealing with “employee records.” What is (and importantly is not) an employee record was the subject of a recent determination of the Australian Privacy Commissioner, ALI and ALJ (Privacy) [2024] AlCmr 131 (20 June 2024). An...
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Aug 8, 2024 | 
lexology.com | Kristy Smith |Hamish Fraser |Thomas Du
It is well known that there is an exemption to the requirements of the Australian Privacy Act 1988 (Cth) (Act), which means that an employer does not need to comply with the provisions of the Act in dealing with ‘employee records’. What is (and importantly is not) an employee record was the subject of a recent determination of the Australian Privacy Commissioner, (‘ALI’ and ‘ALJ’ (Privacy) [2024] AlCmr 131 (20 June 2024)). What happened?
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Jul 4, 2024 | 
lexology.com | Hamish Fraser |Aaron Chan |Carl Ritchie
With artificial intelligence (“AI”) on the agenda of countless boardrooms across Australia, the Australian Institute of Company Directors (in partnership with the Human Technology Institute at the University of Technology Sydney) has published the following suite of resources (“AI Governance Guidance”) to assist boards navigate the use of this transformative technology in an ethical and informed manner:1.
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Jun 6, 2024 | 
lexology.com | Hamish Fraser |Julie Cheeseman |Emma Croft |Evelyn Park
On 3 June 2024, the Australian Prudential Regulation Authority (APRA) wrote to all APRA-regulated entities to emphasise its expectations regarding cybersecurity, specifically relating to data backups and protection against data loss. APRA called for businesses to promptly review and address gaps in any practices which could impede system restoration during the restoration phase of a cyber incident.
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May 30, 2024 | 
lexology.com | Hamish Fraser |Shariqa Mestroni |James Hoy |Jessica Laverty
The rapid advancement of generative AI means that it is high on the agenda in Australia and globally. Like any disruptive technology, generative AI has unleashed a wave of opportunities and challenges for individuals and businesses in the retail industry.
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May 13, 2024 | 
lexology.com | Shane Barber |Kristy Smith |Ethan Aitchison |Hamish Fraser |Belyndy Rowe |Chris Clarke | +13 more
Riding the wavePeak issues in Australian lawMay 2024ContentsForeword Employment Technology and communications Corporate Intellectual property Competition and regulatory Sport Disputes and investigations PropertyPage3 4 5 6 7 8 9 11 122Bird & Bird LLPMay 2024ForewordAs we approach our 10th anniversary in the Australian market, there is much to celebrate.
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May 7, 2024 | 
lexology.com | Hamish Fraser |James Hoy |Alex Gulli
On 28 September 2023, the Government published its response to the Privacy Act Review Report (Report), including the proposed reforms affecting online advertising. There are a number of important considerations for businesses that use online advertising tools and some associated practical steps to keep in mind as your business prepares for these privacy reforms.
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Apr 4, 2024 | 
lexology.com | Hamish Fraser |Jonathan Wong
Artificial intelligence (AI) and its partner in crime, automated decision making (ADM) are creeping into everyday life in ways we do not necessarily expect or understand. For example, the Australian Border Force uses ADM systems to perform facial recognition on people to check their identity at airport passport controls and Transport for NSW uses them to detect illegal mobile phone use by drivers.
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Apr 4, 2024 | 
twobirds.com | Hamish Fraser |Jonathan Wong
Artificial intelligence (AI) and its partner in crime, automated decision making (ADM) are creeping into everyday life in ways we do not necessarily expect or understand. For example, the Australian Border Force uses ADM systems to perform facial recognition on people to check their identity at airport passport controls and Transport for NSW uses them to detect illegal mobile phone use by drivers.
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Nov 9, 2023 | 
lexology.com | Hamish Fraser |Rich Hawkins |Tom Macken |Jonathan Tay |Alex Gulli
The new changes to the unfair contract term (UCT) regime in the Australian Consumer Law now apply to businesses across Australia. The latest changes mean that businesses are no longer allowed to propose, use, or rely on UCTs in standard form contracts with consumers or small businesses. The regime has also extended the meaning of ”small businesses” to include companies with less than $10 million annual turnover or 100 employees.
