Technology Disputes – Risk Management – April 2024

Digital economy including digital platforms and on-line market-places continue to be compliance and enforcement priorities for regulators in Australia – including ACCC, ASIC and OAIC. This update provides a review of recent Australian technology cases and ensuing compliance and risk management issues.

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Risk Management: Data Protection and Privacy Compliance – April 2024 Update

The OAIC’s latest Notifiable Data Breaches Report (Jul – Dec 2023) reveals the risk for organisations that outsource the handling of personal information to third party service providers and contractors – as well as risks of retaining personal information for longer than needed. In this Update we review the OAIC’s latest findings and provide guidance on steps an organisation can take to minimise risk and harm and to protect confidential information/data.

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ACCC: Compliance and Enforcement Priorities for 2024/25 – Legal Update

Australia’s competition and consumer watchdog, the Australian Competition and Consumer Commission (‘ACCC’), has issued its 2024/25 Compliance and Enforcement Policy and Priorities. The ACCC’s 2024-25 priorities and focus reflect that cost of living issues and the digital economy are key challenges facing Australia’s economy and community.

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The Risk of Data Retention – Why Your Organisation Needs a Data Retention and Destruction Policy

Under Australian Privacy Law, organisations that hold Personal Information must take reasonable steps to destroy or de-identify personal information that the entity no longer needs – or face risks of incurring high penalties and reputational damage. An effective Data Retention and Destruction Policy provides an entity with a clear roadmap to ensure compliance with its obligations at law.

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Damages for Online Defamation – the “Serious Harm” Element

The additional requirement to establish “serious harm” in a defamation action was part of the reforms to Australian defamation law which came into effect on 1 July 2021. They were enacted to encourage defamation claims not involving “serious harm” to be resolved without court action. This update provides a review of recent Australian defamation cases where the courts have considered whether the “serious harm” requirement has been established and provides useful guidance on factors that the court will consider in determining “serious harm”.

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ASIC releases Corporate Plan 2023-27 with Key Strategic Priorities and Projects – What does this mean for businesses?

The Australian Securities and Investments Commission (ASIC), Australia’s company and financial services market regulator, released its latest Corporate Plan 2023-27. ASIC’s four year plan provides companies and organisations with useful insight into the regulator’s strategic priorities in respect of compliance and enforcement. This update provides an overview of ASIC’s plan.

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