Our legal experts will keep you up to date on all relevant and current developments.

US investment

On October 10, 2018, the U.S. Department of the Treasury took the first step toward implementing the recently enacted Foreign Investment Risk Review Modernization Act (FIRRMA) by publishing new regulations that empower the Committee on Foreign Investment in the United States (CFIUS) to review transactions that were not previously subject to CFIUS scrutiny.

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Sep 25, 2018 8:43:59 AM / by Tal Williams posted in Technology Law Business Corporate & Commercial

Many damaging cyber incidents occur as a result of employees, or ex-employees seeking unauthorised access to data and systems.  Indeed, more than a third of cyber breach incidents reported to the Office of the Australian Information Commission in the second quarter of 2018 arose as a result of compromised or stolen credentials and consequent unauthorised access.

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Sep 20, 2018 2:13:20 PM / by Tal Williams posted in Technology Law Business Corporate & Commercial

There is a well-known cartoon drawn by John Klossner that depicts a boxing ring. In one corner, ready for the fight, is data security, with firewalls, encryption, antivirus software etc. and in the other corner is your employee – Dave – wearing a t-shirt saying “human error”.

On the 25th May 2018 the EU introduced a unified regulation to deal with the protection of data. This regulation is known as the General Data Protection Regulation (“GDPR”).

Tips for lawyers
  1. Be tech savvy; know what kind of block will be most effective.
  2. Cover all bases; the primary purpose test and the discretionary matters in subsection (5) mean you need evidence about the website, its owner and its functions.
  3. Investigate; no matter how hidden they are, you need to at least make reasonable efforts to determine the website operator’s identity and notify them of the proceedings.
  4. Co-operate with the ISPs; this is a no fault provision- therefore, the proceedings don’t have to be adversarial. The more issues that can be agreed, the easier the application will be.
  5. Think past the orders; have a mechanism in mind for expanding/modifying the initial orders to cover domain shifting etc.

Online copyright infringement has been a problem for content owners since the inception of the internet. The unauthorised downloading (and uploading) of copyright material is especially prevalent in Australia, where a 2015 survey estimated that Australians download movies, songs and television programs in the hundreds of millions each year.1 While content owners have been criticised by some for not making content available in Australia (or making it available at a comparatively inflated price), the unauthorised downloading of copyright material is a clear infringement of content owners’ rights.  

Sep 1, 2016 12:00:13 PM / by Tal Williams posted in Technology Law Business Corporate & Commercial

Readers would be familiar with the contents of the SPAM Act. Essentially, the Act requires that an electronic communication must not be sent without the consent of the recipient, it must contain clear and accurate information about the person or organisation that authorised the sending of the message, and it must contain an “opt out” or “unsubscribe” provision so the recipient can choose not to receive emails in the future.

As new businesses develop and technology advances some principles still remain the same.

Recently a digital advertising agency was prosecuted by the Australian Competition and Consumer Commission in relation to the supply or possible supply of its advertising services. The advertising was to be done by way of digital displays at various shopping centres.

Aug 2, 2016 11:42:28 AM / by Tal Williams posted in Business Corporate & Commercial

From 12 November 2016 unfair terms that appear in standard form contracts involving small business are void and cannot be relied upon. To qualify as a small business contract, one of the parties must have less than 20 employees and the upfront price payable under the contract must not exceed $300,000 or, if the contract is for more than 12 months, $1,000,000.

It`s important to pay attention to the way the personal information of your company is secured. If you mishandle the confidential information of your customers, it can cause them a financial or reputational loss and lead to a decreasing of trust and considerable harm to your good name.

Metadata Retention

On October 13th, the Telecommunications (Interception and Access) Act 1979 (Cth) legislated for the retention of metadata by telecommunications carriers and internet service providers (telcos) for a mandatory period of two years. This data will then be made available to federal, state and territory police, Medicare, Councils in NSW, Worksafe Victoria, the RSPCA, the Tax Office, Australia Post, domestic spy agency ASIO, ASIC and many others when conducting criminal and financial investigations.

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