In an increasingly digital world, the value of data has never been greater. Understanding data and the legal issues that can arise is critical to enabling clients to fully harness the power of their data while managing, and mitigating the risks.
Our clients can rely on our full-service team to help them manage the risks associated with privacy and data protection issues. With demonstrated capability acting for a wide range of data-rich organisations, we have been at the forefront of regulatory changes relating to data including the development of the consumer data right, mandatory data breach reporting and ongoing privacy law reforms. We give our clients the confidence that they are working with a team which is not only across the latest developments in data protection but is helping to define what those developments are.
Keeping you ahead of data protection issues
We help clients balance the responsibilities and obligations of data protection and privacy proactively, assisting them to stay on top of compliance risks and avoid negative consequences with minimum disruption to business operations.
Mallesons not only advises clients on the interpretation of data protection laws and regulations but provides practical and forward looking advice. This includes:
- Developing privacy compliance programs (including drafting privacy policies)
- Reviewing and negotiating contract and deals involving the acquisition, transfer or sale of data
- Developing notifiable data incident procedures and running responses to national and international notifiable data incidents (including regulator notification)
- Advising on structures to lawfully collect, use and disclose personal information
- Implementing mechanisms for cross-border transfers of personal data
- Assisting with data access requests (including freedom of information)
- Advising, and implementing, consumer data right programs for data holders, data recipients and other parties within the CDR landscape.
Our experience reaches across the full spectrum of Australian data protection laws including state and federal privacy laws, the consumer data right, telecommunications, energy and health data laws.
We are at the forefront of influencing data policy and international developments. The government’s policy on the consumer data right was based on recommendations by Mallesons partner Scott Farrell and we continue to be closely involved in major law reforms in this area, including advising one of the major digital platforms in connection with the ACCC’s Digital Platforms Inquiry.
We work with the Mallesons global network and alongside local and overseas firms to present our clients with cross-jurisdictional advice.
Market highlights
- Large national and multinational organisations: on redesigning data privacy and data protection programs through the development of privacy policies, data governance plans, associated data management programs, privacy impact assessments and data transfer agreements.
- Major social media platform: on a wide range of privacy-related matters, including on significant law reforms and policy issues in this area as well as coordinating with a large international network of firms on privacy compliance advice across the APAC region.
- Privacy consultants Galexia: collaborating on preparing PIAs and privacy advice on the Victorian Department of Health’s COVID-Safe, Woolworths drinks business demerger and Commonwealth Department of Health data matching activities.
- Advising: on the deployment of advanced facial recognition technology in stores, vehicle tracking technology and cross-jurisdictional contact tracing applications.
