Publication
Navigating data centre opportunities across APAC
Over the last decade, data centres have emerged as one of the most significant asset classes for investment globally. Funds initially followed the growing demand for cloud technologies, as enterprises moved away from on-premises processing. More recently, the accelerated build out of infrastructure to support the world’s appetite for AI has emerged as another key driver.
16 July 2025
Insight
When innovation meets regulation: The KWM Digital Future Summit 2024
Trust, safety, security and the regulators’ rise were central to messages shared across the 11 sessions at the KWM Digital Future Summit 2024, which culminated in a focus on the technology and innovation that is at the heart of our energy transition.
03 September 2024
Insight
Can the data centre goldrush go green? Malaysia’s Johor shows we can move fast, but more is needed
Johor sits at the southern tip of Malaysia, minutes away from neighbouring Singapore. Lesser known than the nation’s capital, Kuala Lumpur, and less developed than its most populous state of Selangor, Johor – and its capital Johor Bahru – are rapidly rising in prominence.
29 August 2024
Insight
Rebooting the system – the Government announces its plans for the Consumer Data Right
The Government has outlined its plans for the Consumer Data Right (CDR) ecosystem, focusing in particular on reducing the costs of compliance for industry participants, lowering the barriers to adoption for consumers and increasing uptake of the CDR in the sectors in which the CDR is already active.
26 August 2024
Insight
Navigating regulatory concerns in data collection and sharing
The Australian Competition and Consumer Commission (ACCC) recently published a report (Report) about businesses that collect, sell and/or share users’ personal information for purposes such as market segmentation, risk management and property data analysis.
07 June 2024
Insight
ASX provides welcome cyber breach disclosure guidance – update to Guidance Note 8
Following recent high profile cyber breaches, ASX has included a new data breach worked example in its updated Guidance Note 8 (effective 27 May 2024).
20 May 2024
Insight
Navigating the Legal Ethics of Generative AI
Generative AI is much more than just ChatGPT. Broadly speaking, generative AI refers to AI products that can be used to produce new content (such as text, images and video) as opposed to other tasks like classification or data analysis.
24 April 2024
Insight
Act on your suspicions: Key lessons from the OAIC’s latest Notifiable Data Breaches Report
Twice a year the OAIC produces a report about the operation of the notifiable data breaches (NDB) scheme under the Privacy Act.
27 February 2024
Insight
Inventing inventors? Generative AI & patents
Generative AI has ushered in a new era of innovation and creativity. While much of the discussion has
12 February 2024
Insight
Lessons from where you don’t want to be: Analysing the OAIC’s latest report on notifiable data breaches
The OAIC’s latest report on the Privacy Act’s notifiable data breach scheme reveals a declining number of notifications.
06 September 2023
Insight
A reminder about FSCODA following recent enforcement action by APRA
As the Australian Prudential Regulation Authority (APRA) has recently taken enforcement action against an Australian authorised deposit-taking institution (ADI) under the Financial Sector (Collection of Data) Act 2001 (“FSCODA”) , we thought it timely to provide a refresher on the requirements of FSCODA and potential consequences of non-compliance.
11 July 2023
Insight
Australian Government releases new Data and Digital Government Strategy
The Minister for Finance, Senator the Hon Katy Gallagher, recently launched for consultation a draft Data and Digital Government Strategy: The data and digital vision for a world-leading APS to 2030 (Draft Strategy). You’re invited to make comments on the Draft Strategy by 25 July 2023.
07 July 2023
Insight
Hong Kong’s new financial crime tool
Fraud is one of the thorniest problems for banks and their customers globally, with billions of dollars of leakage to opportunists, criminal syndicates and thieves. The Hong Kong Monetary Authority (HKMA) has recently announced Hong Kong’s newest institutional financial crime tool – FINEST.
The initiative was launched in collaboration with the Hong Kong Police Force (HKPF) and The Hong Kong Association of Banks (HKAB).
King & Wood Mallesons was delighted to serve as legal advisor on the project.
This alert summarises the key points to know.
30 June 2023
Insight
Have your say on the regulation of Artificial Intelligence in Australia: Recent Developments
Artificial Intelligence (AI) is increasingly becoming a focal point for lawmakers and regulators around the world. Like many nascent technologies, AI has the potential for both harmful as well as positive outcomes, with algorithmic biases and the generation of misleading or erroneous outputs of particular concern. Consequently, safety and the effective management of AI risk has been at the forefront of the minds of Australian regulators. While some overseas jurisdictions are already further down the path towards AI regulation, there have been three recent significant developments in
26 June 2023
Featured Insight
Europe’s AI regulation gets real : what to know (and do) about the EU AI Act as it nears finalisation
More than two years ago, the European Union (EU) released the first draft of the Artificial Intelligence Act (AI Act). This was the first significant attempt at regulating AI on a large scale. In June, it passed a major milestone bringing it closer to finalisation. There is some way to go, but the signs are clear. Our experts share what the AI Act means for companies worldwide – and why now is the time to start thinking about risk mitigation steps.
26 June 2023
Insight
It copies, right? Generative AI & copyright law
Only last September and October we published our AI Guides to AI & Copyright Infringement and Ownership of AI Generated Works.
11 May 2023
Publication
India: Navigating a Growing Data Centre Market
The Indian data centre market has attracted significant interest from foreign investors.
This, in part, is due to the efforts of the Indian government to significantly improve the country’s IT infrastructure under the National Digital Transformation Programme, as well as recently-passed data localisation laws and the growth of the e-commerce and FinTech solutions sectors.
In this short guide, we share our insights on the key considerations for foreign investors pursuing data centre opportunities in India, such as structuring, financing (equity and debt) and regulatory considerations.
As investors, developers, contractors and operators in the digital infrastructure sector globally look to improve the sustainability of their digital infrastructure assets, demand will increase for businesses engaged in creating solutions for efficient data storage and management.
10 May 2023
Insight
KWM privacy bytes – Privacy Act Review Report individual rights
Released in February this year, the Government’s long-awaited Privacy Act Review Report (Report) contains 116 proposals for privacy reform. In this, our second article in the Privacy Bytes series, we take a closer look at the new individual rights the Report proposes to include or expand in the Privacy Act.
09 May 2023
Insight
DABUS dismissed again! United States Supreme Court declines to consider whether AI can be an inventor
This decision means that the lower court’s ruling holds — US patents can only be issued to human inventors and that Dr Thaler’s AI system (Device for the Autonomous Bootstrapping of Unified Sentience or DABUS) could not be considered the legal creator of two inventions that Dr Thaler said it generated.
27 April 2023
Insight
Developments in the regulation of Artificial Intelligence
Artificial intelligence (AI) has captured the attention of the world over the last 12 months. From AI chatbots to AI-generated art and inventions, AI has the potential to radically transform our economy, our society, and humanity.
19 April 2023
Insight
KWM Privacy Bytes - Privacy Act Review Report: Collecting and using of personal information
The Government’s long-awaited Privacy Act Review Report contains 116 proposals for reform. While not fundamentally changing the current principles based approach, these proposals will require a step change in how Australian companies collect and use personal information.
30 March 2023
Insight
Privacy Act Review Report (Finally) Released
The Government has released a long-awaited report setting out its privacy reform agenda. This landmark report proposes many significant changes.
17 February 2023
Insight
Privacy Act enforcement powers to be boosted
The Government has introduced legislation that will significantly increase maximum penalties under the Privacy Act.
26 October 2022
Insight
Data separation in M&A transactions
Data is increasingly being treated as a core business asset in M&A transactions. In this context, management of data is about deriving and preserving its value, and limiting reputational, regulatory and contractual risk.
24 October 2022
Publication
Vietnam: Opportunities in the data centre market
In this short guide, we share our insights on the key considerations for foreign investors pursuing data centre opportunities in Vietnam.
12 October 2022
Publication
Privacy Annual Update 2022
With the ever-quickening pace of technological change, it is as vital a time as ever to look at the current state of privacy law and prepare for its next evolution.
04 October 2022
Insight
Only the link: Google not liable for defamation
In allowing the appeal, the majority found that, in circumstances where Google did not participate in the writing or dissemination of the defamatory article, the provision of the hyperlink merely facilitated access to the article. Google neither “lent assistance” to the original publisher, nor did it participate in any “bilateral process” of, communicating the article to third-party users.
18 August 2022
Insight
5 key issues in negotiating cloud contracts
With the promise of cost savings, greater flexibility and ability to scale, it is not surprising that companies are continuing to move their key business applications and data to the cloud.
15 August 2022
Government opens discussion on collective responsibility for data security
The Australian Government has released a discussion paper on data security for public comment, as part of the ongoing development of Australia’s National Data Security Action Plan (Action Plan).
22 April 2022
Insight
Data Availability and Transparency Act passes Parliament, paving the way for greater sharing and use of public sector data
First introduced in December 2020, these Acts will significantly change the way that public sector data can be collected, shared and used.
05 April 2022
Insight
Parliament considers Ransomware plan legislation
New, stronger criminal offences applicable to cybercriminals proposed with extraterritorial application. Modernised powers to investigate and seize digital assets, including cryptocurrency, introduced.
25 February 2022
Featured Insight
Of charlatans and poor choices: how restrictions on crypto assets are growing worldwide
Yet the ancient origin of the word goes to the essence of today’s regulatory tension: ‘crypto’ has its origin in the Greek word ‘kruptos’, meaning ‘hidden’. Governments and regulators around the world are working to bring crypto assets into view.
22 February 2022
