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17 December 2021
Online Privacy Bill and Privacy Act Discussion Paper: Increased Enforcement Risk and Regulatory Change
As explored in our earlier briefing article, the recent release of the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 (the Exposure Draft) and the Privacy Act Review – Discussion Paper (the Discussion Paper ) canvass a wide array of...
09 December 2021
Increasing localisation of data in Asia: Why this matters for tech
We are seeing a trend towards data localisation emerging in certain countries in Asia which is raising business-critical issues for the tech sector. Usually thought of as just a data privacy tool, regulation restricting cross-border transfers of data are gaining support with legislators in China,...
09 December 2021
Legal developments show data privacy trust critical for tech companies
Automated decision making based upon profiling which may be inaccurate or unfair is one of the great dangers of the digital age. It's easy to see the potential for serious harm: the allocation of a university place, a job, a mortgage, insurance or even lifesaving medical treatment on the basis of a...
05 October 2021
Parliamentary intelligence body backs two-step adoption for Australia's new critical infrastructure bill
On 29 September, the Parliamentary Joint Committee on Intelligence and Security ( PJCIS ) published its advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020. 1
26 July 2021
Bills, Parliamentary reviews, industry consultations… the Australian cyber regulation maze is about to become even more complex
On 13 July, the Government published a discussion paper on potential reforms to make Australia more resilient to cyber security trends. The Government considers that the way to get there is to create stronger incentives for Australian businesses to invest in cyber security. Submissions on the...
22 June 2021
Mandatory notification of ransomware payments in Australia appears likely
On 21 June 2021, Shadow Assistant Minister for Cyber Security, Tim Watts, introduced in Federal Parliament the Ransomware Payments Bill 2021 (the Bill ). This follows the Department of Home Affairs secretary, Mike Pezzullo, flagging the idea at a Senate Committee Hearing earlier this year in May...
22 December 2020
Balancing Risks and Opportunities: Data Governance in Australia
Data has become the heartbeat of every business in today’s digital world. It is the key to knowing your customers, remaining competitive and succeeding into the future. Yet it comes with great responsibility – knowing how to use your data and protect it is becoming ever more important. Tune into...
14 December 2020
SFC releases FAQs simplifying compliance with electronic data storage requirements – But is it really as simple as it looks?
The Hong Kong Securities and Futures Commission (SFC) has released its long awaited FAQs regarding its 31 October 2019 circular on the use of external electronic data storage providers (EDSP Circular). While there are some aspects of the FAQs which we anticipate will create practical challenges and...
09 November 2020
Securing Australia’s critical infrastructure: Government reforms will leave no sector untouched, but questions remain
On 9 November 2020, the Department of Home Affairs released the Exposure Draft of the Security Legislation Amendment (Critical Infrastructure) Bill 2020 for consultation, with submissions due by 27 November (the Bill ).
03 November 2020
Submissions sought for Australia’s Privacy Act review
The Australian Government has published an issues paper outlining and seeking feedback on the Privacy Act 1988 (the Act) and other Australian laws protecting personal information, with submissions on a series of 68 questions due by 29 November 2020.
14 July 2020
COVID-19: Exploring Opportunities: Will your technology survive the outbreak? (Global)
The effects of the COVID-19 pandemic across the globe continue to evolve on a daily basis. While this pandemic is first a public health and humanitarian crisis, the impacts of COVID-19 on global and national economies, businesses, supply chains, and the everyday lives of the world’s population are...
02 April 2020
COVID-19: People: Handling COVID-19 related health information (Australia)
The COVID-19 pandemic has led to information gathering and sharing that has, up until now, not been contemplated by many Australian organisations. Businesses are dedicating resources to implement essential measures aimed at responding to COVID-19 and protecting the health of their personnel and...
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31 January 2022
Paula Hodges QC to participate in event celebrating 25 years of the English Arbitration Act
The Arbitration Act 1996 came into force on 31 January 1997. Exactly 25 years later, this event will celebrate its success and consider what the future may hold for the Act. There will be an afternoon of presentations offering differing perspectives, past and present, as well as a debate " This...
20 January 2022
The UPC and the UP: Impact on patent portfolios and licensing
Our article on the impact of the UP and the UPC on the management of patent applications, patent portfolios in general and licensing: " The New Unitary Patent Regime – Prepare and Protect your Portfolio " published in PLC Magazine is available as a pdf from this link and also on Practical Law .
20 January 2022
How to get a Unitary Patent
Enhanced cooperation under Regulation 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of unitary patent protection was used to establish the unitary patent (UP). Also termed the European patent with unitary effect, the UP will be a single patent right covering all the...
20 January 2022
UPC: Jurisdiction and "opt-out"
Once the Unified Patent Court (UPC) comes into effect, and after the transitional period of 7 years (at least), the court system will have exclusive jurisdiction over UPs and all EPs designated to participating EU Member States (unless these EPs have been opted out of its jurisdiction). The UPC...
20 January 2022
WHICH STATES ARE IN THE UPC & WHERE WILL A UP HAVE EFFECT?
26 EU Member States participated in the enhanced cooperation procedure to establish the unitary patent (including the UK which has now withdrawn). However unless these states have also ratified the Unified Patent Court Agreement (UPCA) then the unitary patent (UP) will not be effective in their...
20 January 2022
Landmark Australian class actions book launches third edition
Following a period of evolution in the class actions market, the highly practical third edition of Class Actions in Australia is now available. An essential guide for any legal practitioner involved in class actions, the book provides complete coverage of class action law in Australia.
20 January 2022
UPC Structure – local, regional and central divisions
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules .
20 January 2022
UPC: Costs and Fees
Following a lengthy consultation, the Preparatory Committee for the Unified Patent Court (UPC) published its Rules on Court fees and recoverable costs ( the Rules ) along with Guidelines for the determination of value–based Court fees and the ceiling of recoverable costs of the successful party (...
18 January 2022
Herbert Smith Freehills advises Chargeurs Museum Solutions on its acquisition of Event Communications
International leading law firm Herbert Smith Freehills has advised Chargeurs Musuem Solutions, international leader in museum services, on the finalisation of the acquisition of 100% of the capital of Event Communications Ltd, one of the global leaders in museum planning, design and delivery.