The Australian privacy law provides for an individual affected by a data privacy breach to seek compensation from the organisation involved in the breach. In this article, Stephens Lawyers & Consultants also provides a review and summary of the compensation awarded in determinations made during the years 2016-30 June 2020 by the Office of the Australian Information Privacy Commissioner in relation to privacy breaches and some of the factors taken into account by the Privacy Commissioner in awarding compensation and costs.
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The ACCC 2020 Compliance and Enforcement Policy identifies a number of key areas which will be the subject of ACCC scrutiny. These include: retailers’ and manufacturers’ compliance with consumer guarantee laws; competition and consumer issues in the funeral services sector; competition and consumer issues relating to digital platforms; ensuring small businesses receive the protections of the competition and consumer laws, with a focus on the Franchising Code of Conduct; misleading conduct in sale and promotion of food products; competition and consumer issues in the commercial construction sector.
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Businesses should be aware that competition and consumer laws still apply during the COVID-19 pandemic. However, the ACCC will be prioritising its focus on the competition and consumer issues of most relevance arising from the impact of COVID-19. The ACCC has established a COVID-19 Taskforce focusing on early intervention to address immediate problems being faced by consumers and to communicate directly with businesses and inform them about their obligations in relation to cancellations, refunds and suspension of services as a result of the pandemic.
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Confidential Information/Trade secrets are the most valuable assets of many organisations and this data is potentially exposed to greater risk of unauthorised access, disclosure or use, with employees working remotely and using video conferencing services. Remote workplaces also give rise to increased security risks associated with privacy breaches. This article offers steps for consideration by agencies and organisations which use video conferencing, to help them manage and minimise the risk of data security breach and to protect their confidential information/trade secrets and ensure compliance with privacy laws.
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Recent cases show that interlocutory injunctions can be successfully applied for to remove defamatory material and to restrain an injurious falsehood.
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