Byline: Julia Cameron

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Electronic signing

Electronic signing here to stay – at last

10 March 2022

  • Temporary measures to allow for virtual meetings, electronic signing and distribution of corporate documents by corporations have been permanently enacted.
  • Additional changes have been introduced to modernise and update the Corporations Act 2001 (Corporations Act).
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director ID

Director Identification Number – changes to the regime

29 October 2021

Under changes to the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) introduced in June 2021, all directors will be required to verify their identity as part of a new Director Identification Number (director ID) requirement.

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Privacy

Vaccination status and the Privacy Act

06 October 2021

  • Businesses must remember their privacy obligations when collecting vaccination status information (and other sensitive information) about employees, contractors and other visitors to the workplace.
  • Unless collection is required or authorised by law, informed consent is generally required for the collection of sensitive information.
  • Businesses must provide a Collection Notice to all individuals, including employees, even if consent to collection is not required.
  • Only the minimum amount of personal information reasonably necessary to prevent or manage COVID-19 or required by law should be collected, used or disclosed.
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advertising

Misleading or deceptive claims in advertising

27 July 2021

In a high-profile reminder that claims made in advertising need to be properly substantiated and supported by evidence, the Federal Court has ordered Lorna Jane to pay $5 million in penalties for making false and misleading representations to consumers, and engaging in conduct liable to mislead the public, in connection with its “LJ Shield Activewear”.

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Myth v Fact – We only have to worry about a data breach if we get hacked

10 June 2020

A data breach occurs when personal information is subject to unauthorised access or disclosure or if information is lost in circumstances where unauthorised access or disclosure is likely. A breach must be notified to the Office of the Australian Privacy Commissioner (OAIC) and all affected individuals when one or more individuals are likely to suffer serious harm as a result of the breach.

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Myth v Fact – When we share our customers’ personal information with our contractors, their handling practices are not our problem

21 May 2020

Turn your mind to the other businesses with which you share personal information – they may be based in Australia or overseas, they may receive personal information about a single customer (for example, to facilitate delivery of an order), or whole databases (for example, to carry out marketing campaigns or store your CRM).

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Privacy Week wrap up – What have we learnt?

08 May 2020

As Privacy Awareness Week 2020 draws to a close we reflect on what businesses can do to ‘Reboot your privacy’ as well as some current hot topics in the Australian privacy space:

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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Data Breach – the first “Class Action” complaint made against Optus

07 May 2020

  • Many Australian businesses must disclose when they have been affected by a data breach
  • While reputational damage is a critical risk for businesses, there is also the threat of monetary penalties of up to $2.1 million and orders of uncapped compensation
  • A representative complaint – similar to a class action – has been made against Optus on behalf of a group of individuals affected by an alleged breach in 2019.
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data breach, personal information, Privacy Week, Working From Home, Myths V Facts, Data Breach, Personal information

Myth v Fact – Small Business and the Privacy Act

06 May 2020

We’re a small business. The Privacy Act and Notifiable Data Breach Scheme don’t apply to us.

Generally, businesses do not need to comply with the Privacy Act until their annual turnover reaches $3 million. However, some businesses are required to comply regardless of their size.

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Landlord, COVID-19

Landlords, take advantage of COVID-19 insolvency legislative reform: now is the time to register security interests in cash security deposits on the PPSR

14 April 2020

  • Landlords should register security interests on the PPSR in cash security deposits or cash bonds paid under a commercial or retail leases
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