ING Bank, one of Australia’s leading financial institutions, has recently been fined for alleged breaches of the Consumer Data Right (CDR) Rules. The Australian Competition and Consumer Commission (ACCC) has imposed penalties on the bank totalling $53,280 for failing to provide accurate and complete information to customers in a timely manner. The CDR Rules give …
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Recent changes to unfair contract terms laws in Australia will materially change the way that you prepare, negotiate and enforce standard form contract terms. For an overview of the recently announced changes, click here. Let’s get into what the changes will practically mean for you. The current state of play Currently, under the Australian Consumer …
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Last modified on November 21st, 2022 at 4:50 pm
The Federal Budget has extended the operation of the Cyber Hubs pilot for a further six months until June 2023 and allocated an additional $31.3 million to the program. The Cyber Hub program was first announced in 2020 with the intention to strengthen government information technology by focusing investment on a smaller footprint of networks. …
Last modified on November 21st, 2022 at 4:52 pm
The Australian Cyber Security Centre (ACSC) has launched the Critical Infrastructure Uplift Program (CI-UP) to assist owners and operators of Critical Infrastructure assets. The CI-UP is available to any critical infrastructure organisations that are part of the ACSC Partnership Program. The CI-UP is designed to: Assist partners that own or operate Critical Infrastructure assets or …
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Last modified on November 21st, 2022 at 4:53 pm
The Australian Securities and Investments Commission (ASIC) has commenced civil penalty proceedings against BPS Financial Pty Ltd (BPS) for making allegedly false, misleading, or deceptive representations and unlicenced conduct in respect of the non-cash payment facility, Qoin. BPS offered retail consumers and business owners access to the Qoin cryptocurrency token and digital wallet since 2020. …
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Last modified on November 21st, 2022 at 4:55 pm
The Australian Government has proposed the Privacy Legislation Amendment (Enforcement and Other Measures) Bill to strengthen Australia’s privacy and security framework following the increased data breaches. The Bill covers four main objectives: Significantly increase penalties for serious or repeated privacy breaches – most notably, the penalty cap will be raised from $2.22 million to greater …
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Last modified on November 21st, 2022 at 4:58 pm
The New Zealand (NZ) Employment Court has handed down a landmark decision to declare that Uber drivers are to be classified as employees. The employment status of Uber drivers on the ride-sharing platform has been in contention in many nations around the world. In early 2021, the UK Supreme Court held that Uber drivers are …
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Last modified on November 21st, 2022 at 5:01 pm
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 …
Continue reading “Identify the subtext: Understanding indemnity clauses in commercial agreements”
Last modified on November 21st, 2022 at 5:02 pm
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 …
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Last modified on November 21st, 2022 at 5:03 pm
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 …
