Articles and Legal Updates

Changes to Australian Consumer Law introduce high penalties for Use of Unfair Contract Terms – Is your business ready?

Businesses have until 8 November 2023 to review their standard form contracts to ensure they comply with recent changes to the Australian Consumer Law which prohibit unfair contract terms – or risk incurring high financial penalties. This update offers an overview of the changes and provides some guidance on steps that can be implemented to minimise the risk of non-compliance.

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Australian Government publishes interim response on Safe and Responsible AI in Australia

On 17 January 2024, the Australian Government released its Interim Response to consultations held on Safe and Responsible AI in Australia. The Interim Response shows that the Government will be targeting the use of AI in ‘high-risk settings’ with ‘mandatory guardrails’ for the safe AI design, development and deployment in high risk settings being considered in close consultation with industry and the community.

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Australia’s Privacy Watchdog conducting an inquiry into how TikTok Collects Personal Data from Users

December 2023 – The Office of the Australian Information Commissioner (OAIC) has launched an inquiry into whether TikTok’s use of marketing pixels, which track people’s online habits, breaches Australia’s privacy laws. The inquiry follows TikTok’s recent fines in Europe and the UK – including a fine of €345m (AU$560m) for breaking the European Union (EU) data laws about children’s accounts.

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Season’s Greetings – Happy Holidays

Stephens Lawyers & Consultants offers our best wishes to all for a relaxing and joyful holiday season and a Happy New Year.
If you require legal advice during the holiday period please contact Katarina Klaric in our Melbourne office on her email: [email protected] or on her mobile: 0402 447 790
Our Sydney office will be closed for the holiday period from 23 December, 2023 until 3 January, 2024.

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OAIC Releases Latest Report on Notifiable Data Breaches – Privacy Risk Management Update

Malicious or criminal attacks and human error continue as the major cause of notifiable data breaches reported the OAIC during the 6 month period to 31 December 2022 according to the OAIC Notifiable Data Breach Report-July-Dec 2022. This Update includes a summary of some key findings and statistics contained in the Report as well as steps which organisations can take to minimise the risk and harm of privacy data breaches.

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Australian Privacy Law Reforms – How will they impact you?

Major reforms are proposed to Australian privacy and data protection laws to align the laws with global standards and enhance protection. Businesses will have to start planning for the privacy law changes which are likely to be implemented within the next 12 to 18 months. This update provides an overview of the key proposed reforms and includes some steps businesses can take to get ready for the changes.

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ACCC: Compliance and Enforcement Priorities for 2023/24 – Legal Update

Recognising the impact of current rising cost of living on Australian consumers, areas of ACCC scrutiny for 2023/24 include competition/anti-competitive conduct, fair trading and consumer protection issues in the digital economy, the energy, telecommunications and gas markets, environmental and sustainability claims, unfair contract terms and the financial services sector.

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