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The Australian Cyber Security Centre's 2017 Threat Report
Insight 22 Jan 2018

The Australian Cyber Security Centre's 2017 Threat Report addresses the current challenges and emerging trends confronting Australia's digital landscape. ...

Financial products - design and distribution obligations and product intervention powers
Insight 22 Dec 2017

After a considerable gestation period the proposed new design and distribution obligations for financial products, and intervention powers for ASIC, took their first, tentative steps yesterday, with the release of exposure draft legislation. ...

A Commission of Inquiry - of the Royal, not the Parliamentary, kind
Insight 19 Dec 2017

Since the announcement of the Royal Commission into ahem financial services much has been written and said - a lot of which suggests that little attention is being paid to the terms of reference In this article I take a look at those terms ...

Updated guidance on conflicted remuneration and other banned benefits
Insight 07 Dec 2017

Earlier today ASIC released an updated version of Regulatory Guide 246 concerning conflicted remuneration and other banned benefits such as volume-based shelf-space fees The changes are largely to address the life insurance remuneration reforms which take effect on 1 January 2018 But there are other ...

The BEAR has dropped, where to from here?
Insight 09 Nov 2017

The commencement date of the BEAR legislation is fast approaching and institutions should start planning how to comply with the regime We look at the changes made to the BEAR legislation following industry submissions the timing for implementation and key steps to take ...

First civil penalty order for breach of FOFA duties
Insight 06 Nov 2017

The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...

ASIC recommends tougher corporate penalties
Insight 24 Oct 2017

The ASIC Enforcement Taskforces latest consultation paper pushes for a tougher penalty regime for corporate and financial sector misconduct which has been key focus of the Taskforces Terms of Reference and indeed of ASICs reform agenda for some time Partner Belinda Thompson Senior Associate Michela ...

On the international stage: Australia and the EU launch cyber security plans
Insight 16 Oct 2017

In recent weeks, both Australia and the EU have unveiled their plans to address cyber security in an era of growing concern and uncertainty. On 13 September 2017, President of the European Commission, Jean-Claude Juncker, outlined the Union's intentions to intensify their efforts regarding cyber sec ...

New EU rules raise the bar for data security
Insight 16 Oct 2017

The EU General Data Protection Regulation GDPR which will apply from May 2018 includes enhanced data security requirements and obligations to notify regulators and individuals of data breaches A failure to comply with key provisions may lead to a fine of up to euro20 million or 4 per cent of global ...

ASIC Corporate Plan puts cyber resilience high on the agenda
Insight 16 Oct 2017

ASIC's latest Corporate Plan has put cyber resilience high on the agenda ...

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