Indemnity clauses are commonly misunderstood by parties to commercial agreements, with potentially very costly implications. It pays to understand how indemnity clauses operate and what they are seeking to achieve so that you can harness their awesome power to your advantage while ensuring that you navigate the potential pitfalls. So what is an indemnity? An …
The UK Department for Digital, Culture, Media and Sport (DCMS) has announced plans to replace the General Data Protection Regulation (GDPR) in the UK with a completely new data protection regime. Secretary of State for the DCMS, Michelle Donelan, addressed this change during the Conservative Party Conference 2022 with a focus on growth in the …
A class action lawsuit has been brought in the UK against Amazon for allegedly abusing its dominant position to promote its own products and hide deals from consumers. The UK Competition and Markets Authority (CMA) has been investigating Amazon’s allegedly anti-competitive behaviour since July 2022. The CMA believes that Amazon’s UK marketplace may have breached …
Following the data breach of millions of Optus customers, the Office of the Australian Information Commission (OAIC) has launched a formal investigation into the personal information handling practices of Optus. The OAIC, in collaboration with the Australian Communications and Media Authority (ACMA), will determine whether Optus took reasonable steps to protect consumers’ personal information from …
The Victorian Institute of Technology (VIT) has been found to be in breach of Australia’s anti-spam legislation. The Australian Communications and Media Authority (ACMA) commenced an investigation into VIT’s compliance following a written complaint. In its report, AMCA detailed 6045 unsolicited marketing emails sent by VIT to email addresses purchased from a third party. VIT …
The Australian Institute for Judicial Administration (AIJA), UNSW Law & Justice, UNSW Allens Hub for Technology, Law, and Innovation, and the Law Society of NSW’s Future of Law and Innovation in the Profession (FLIP Stream) have conducted a joint research project into the use of artificial intelligence (AI) in the courtrooms around the world. AI …
The Reserve Bank of Australia (RBA) has partnered up with the Digital Finance Cooperative Research Centre (DFCRC) to explore possible use cases for a central bank digital currency (CBDC) in Australia. Contrary to its name, a CBDC is different to decentralised digital assets, such as Bitcoin. CBDCs are solely controlled by a central authority, like …
The High Court of Australia has released a significant judgment, finding by a majority that Google did not publish defamatory material by operating its search engine. The case of Google LLC v Defteros [2022] HCA 27 concerned a user-generated search query, resulting in a link to a third-party website containing content about the Victorian criminal …
The Productivity Commission has released its 5 Year Productivity Inquiry. This report highlights key challenges facing Australian businesses and the decrease in productivity in the last 20 years, particularly in the services sector. The Productivity Commission discusses preceding productivity-related challenges and proposes avenues for future productivity success via: Data, digital technology, and cybersecurity Innovation and …
The Office of the Australian Information Commissioner (OAIC) recently released an advice notice for entities that are collecting personal information for COVID-19 purposes. In its advice, the OAIC recommended that entities review their privacy and personal information practices and adjust as necessary to comply with changing privacy and health regulations. The OAIC recommended considering three …