Technology, Cyber and Privacy

Navigating security and data protection

Our technology team has extensive experience advising clients in the rapidly evolving technology, data protection including privacy space.  Whether in the course of large-scale digital transformation or uplift projects, or business as usual, we work collaboratively with clients to navigate the requirements of security and data protection including privacy compliance within the complex regulatory landscape of these ever-changing areas of law.

Transactional

We regularly advise clients across Commonwealth, State and local governments, large corporates and SMEs looking to procure and leverage technology within their businesses. This includes advising on cloud software agreements, software development, licensing, integration and support, hardware procurement, managed services and IT consultancy and professional services arrangements.

Critical to any technology transaction, we assist clients in understanding security and data impacts and advise on security protections, data sharing, data governance and data commercialisation arrangements (including GDPR issues).

We are increasingly being asked to advise clients on the procurement of software that include generative AI, the risks that arise from the procurement and use of such AI and specific guardrails and governance frameworks that entities should consider implementing in order to help manage and mitigate key risks.

We also work across the telecommunications and digital infrastructure space and have advised clients on the build and rollout of telecommunications infrastructure, supply of telecommunications services, the rollout out of electric vehicle infrastructure and the distribution of data centre modules.

Advisory

Our specialist team routinely advise entities on compliance with privacy legislation, undertaking privacy threshold assessments, privacy impact assessments, privacy audits and data breach response plans. We also engage in privacy by design and work collaboratively with project teams to identify privacy risks and mitigation steps that can be taken to implement technical and organisational controls to manage those risks.

Given the significance of the Privacy Act reform agenda, we regularly advise clients on what those reforms will mean for their organisation, help identify areas for uplift, develop and deliver organisation-wide training on privacy to embed a privacy positive culture. We have a suite of bespoke privacy artefacts (such as privacy policies, collection notices and privacy management plans) which can be tailored to meet the needs of the entity.

We help clients understand and comply with the laws relating to spam and advertising.  We also act for suppliers of technology, from some of the largest globe’s largest tech businesses to start ups, disrupting the status quo and juggling the old laws and new regulations trying to keep up who are looking to supply their technology offerings in the Australian market in a compliant manner.

Response

When incidents occur, we are trusted by clients to provide practical and responsive advice including eligible data breach assessment and notification requirements.  Our team are also experienced in assessing privacy complaints, undertaking APP compliance assessments and assisting decision makers and delegates resolve complaints. 

In our work we are experienced in engaging with the Office of the Australian Information Commissioner (OAIC), including in response to OAIC investigations, conciliations and determinations.  Where complaints do result in litigation, our team are experienced advocates and provide specialist advocacy services in the Tribunals and federal Courts on appeal.