77 results found for:
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02 March 2023
2023-2030 Australian cyber security strategy starts to take shape
The development of the 2023 – 2030 Australian Cyber Security Strategy ( Strategy ) is now well under way, after a Discussion Paper was released this week by the Expert Advisory Board appointed by the Minister for Cyber Security, the Hon. Claire O’Neil MP.
22 August 2022
The devil is in the detail: Federal Court of Australia rejects insurance claim for ransomware attack
Like all forms of insurance, the cover actually provided by policies which might be thought to cover losses arising from ‘cyber risk’ depends on the precise terms of the policy. Before placement, those terms should be carefully considered to ensure the cover is appropriate for the policyholder, in...
06 May 2022
AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general Australian financial service license ( AFSL ) obligations.
05 May 2022
Disputes in the technology industry: Q&A for Practical Law (UK)
Our technology disputes practitioners have recently published a Q&A in Practical Law on Disputes in the Technology Industry (see here for subscribers and here for a pdf) covering all aspects of disputes in the sector including current and future trends
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.
20 March 2023
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
20 March 2023
2023 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement
The 2023 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes.
16 March 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
15 March 2023
Inside arbitration: Spotlight interview: Tom Furlong
Tom has spent much of his career with the firm in Asia, moving from Hong Kong to Singapore in 2019, where he was promoted to partner. Tom works on Asia-related disputes particularly for private capital, energy and tech/telco clients. From Singapore, his work regularly involves clients or...