The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) recently published their joint Compliance and Enforcement Policy for the Consumer Data Right (CDR), solidifying the regulatory framework for data sharing among businesses and consumers. The policy aims to enhance data protection, promote transparency, and ensure compliance with the …
Author Archives: alanarnott
Treasury releases Proposal Paper for cryptocurrency licensing
The Australian Treasury has released a Proposal Paper introducing a regulatory framework to address consumer harms in the cryptocurrency ecosystem whilst supporting innovation and development. This entails regulating exchanges, custodians, and other digital asset service providers in line with the Australian Financial Services (AFS) licensing scheme. The introduction of licensing requirements is expected to bring …
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Telecommunications regulations amendment extended by 12 months
The Telecommunications Amendment (Disclosure of Information for the Purpose of Cyber Security) Regulations 2023 (Amendment) commenced on 30 September 2023. The Amendment extends the operation of ss 15A and 15B of the Telecommunications Regulations 2021 for an additional year. Doing so grants the government more time to weigh in on the ongoing appropriateness and effectiveness …
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Farmer’s thumbs-up emoji held to be electronic signature
In a recent Canadian case, the use of emojis as a means of confirming a contract has raised intriguing questions about the ever-evolving landscape of contract law in the digital age. This case involved a dispute between South West Terminal Ltd (SWT) and Achter Land & Cattle Ltd (Achter) over a contract for the delivery …
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Data transfers between the US and EU commence under the Trans-Atlantic Data Privacy Framework
The European Union (EU) has taken a momentous leap towards reinforcing data protection with its recent adequacy decision pertaining to the EU-US Data Privacy Framework. This significant development, as outlined in the European Commission’s press release, signifies a pivotal stride in safeguarding data privacy, facilitating international data flows, and strengthening EU-US relations. The adequacy decision …
Joint statement by 12 international privacy commissioners warns against data scraping
Safeguarding personal information has become a paramount concern for both individuals and governments. A joint statement signed by the Office of the Australian Information Commissioner (OAIC) alongside 11 counterparts in the Global Privacy Authority’s International Enforcement Cooperation Working Group highlights the global expectations placed on social media platforms and other websites to protect against unlawful …
Australian Government responds to Age Verification Roadmap
The Australian government has released its long-anticipated response to the “Roadmap for Age Verification,” a comprehensive document addressing age verification challenges in various industries, particularly those involving online services and content. This response represents a significant step forward in ensuring the safety and protection of minors online. The roadmap, which hwas initially proposed by the …
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Meta suspends fact-checker amidst Indigenous Voice referendum
Facebook’s parent company, Meta, has suspended the RMIT FactLab fact-checking team, casting a shadow of doubt over the ongoing discourse surrounding the Indigenous Voice to Parliament Referendum in Australia. This unexpected move has raised concerns about the future of fact-checking on social media platforms and its implications for informed democratic discourse. The RMIT FactLab, a …
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IP Australia releases guidance on trade mark classification of emerging technology
Intellectual Property Australia (IP Australia) has recently released new guidance that addresses the classification of trade marks for emerging technologies, providing clarity in an ever-evolving landscape. This is a response to the increase in trade mark applications relating to virtual goods, metaverse, non-fungible tokens (NFT), and the blockchain. Virtual goods According to IP Australia, virtual …
DoorDash fined $2M for spam texts and emails
In a garish move highlighting the growing concerns surrounding digital communication ethics, food delivery giant DoorDash has been hit with a substantial $2 million penalty by the Australian Communications and Media Authority (ACMA) for its relentless spam breaches. The penalty serves as The ACMA’s decision comes as a response to DoorDash’s continuous and unchecked spam …
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