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The CDR is coming to the energy sector – have your say now
The Australian Government has commenced consultation on the Consumer Data Right (Energy Sector) Designation 2020, which will apply the CDR to the energy sector. Entities should consider the impact of the CDR on their business, including whether they would like to apply to be an Accredited Data Recipient to obtain access to such energy data. ...
Carrots and sticks: enforcement of the Consumer Data Right
The Australian Competition and Consumer Commission (ACCC) and the Office of the Australian Information Commissioner (OAIC) have published a joint Compliance and Enforcement Policy (the Policy) for the Consumer Data Right (CDR). ...
Shareholder resolutions
Shareholders are becoming increasingly aware of climate change risks. Since early 2017, both Australian and foreign companies have faced a wave of climate change-related shareholder activism. Ceres maintains a Climate and Sustainability Shareholder Resolutions Database, which at February 2020 showe ...
In Touch: COVID-19 and competition and consumer law issues; ACCC derailed in the dismissal of the Pacific National / Aurion appeal; and SOLD - Gumtree's acquisition of Cox Media gets the all clear
COVID-19 and competition and consumer law issues; ACCC derailed in the dismissal of the Pacific National / Aurion appeal; and SOLD - Gumtree's acquisition of Cox Media gets the all clear. ...
The COVIDSafe Bill – good progress, but there's more to do
The COVIDSafe app has been marketed as offering privacy 'protected by law'. On Sunday, the Federal Government released an exposure draft of legislation designed to put those protections in place, and to dispel lingering doubts about the app. ...
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...
OAIC's landmark case against Facebook to have major implications on Privacy Act
As Privacy Awareness Week this year called for individuals to #rebootyourprivacy and debate continues over the privacy protections for the COVIDSafe application, another step has been taken in the Australian Information Commissioner's (Commissioner) landmark case against Facebook, Inc and Facebook Ireland Ltd (together, Facebook) which will have major implications for the Privacy Act 1988 (Cth) (Privacy Act) and digital businesses operating from offshore entities. ...
Long overdue – how the new continuous disclosure and litigation funder regulation measures seek to curb entrepreneurial class actions
In recent days, the economic uncertainty created by the COVID-19 pandemic has proved the catalyst for the introduction of two long-debated changes to Australia's class action and continuous disclosure regimes. ...
COVIDSafe – what we now know
On Sunday, the Australian Government launched its voluntary digital contact tracing app 'COVIDSafe', along with the app's Privacy Policy, an independent Privacy Impact Assessment (PIA) and the Department of Health's response to that PIA. The Chief Medical Officer has predicted that the application will have been downloaded more than 2 million times by the end of Monday. ...