Results for "consumer data right"
371-380 of 836 results for 'consumer data right'
Courts refuse to order disclosure of insurance and financial documents for use in mediation in class actions
In this Insight, we consider some decisions in the Federal Court and Victorian Supreme Court that provide examples of how plaintiffs are framing applications for documents in the context of mediation, and when courts will consider it inappropriate to order their production. ...
Repeal of IP exemption from competition laws to take effect soon
Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...
Your jointly proposed pecuniary penalty may not be appropriate
The decision of the Full Federal Court in the appeal of Volkswagen v ACCC is an important reminder of the court's supervisory role in approving pecuniary penalties jointly proposed by parties to a proceeding. It also reinforces an identifiable increase in the value of pecuniary penalties sought and obtained by the Australian regulators in enforcement proceedings since 2015. ...
Why every company should have a structured cyber simulation program
The single most determinative factor in how an organisation emerges from a cyberattack is how it conducts itself during the crisis. And the biggest determinant of how an organisation conducts itself during a crisis is how prepared it is. Here are five tips to keep in mind. ...
The ASX Listing Rules up for review but still fit for purpose: the case for retaining the existing policy settings on reverse takeovers
Merger transactions without a vote of the shareholders of each merger party are back in the headlines as a second deal sparks fresh tension and mounting calls from the Australian investment community ...
What the top five cybersecurity trends mean for your business in 2022
Cybercrime continued to dominate headlines throughout 2021, with the global cost of cybercrime predicted to reach $10.5 trillion annually by 2025 . As governments continue to navigate how to best deter cyber criminals, organisations must remain vigilant in the face of increasingly sophisticated cybersecurity attacks – arising from within and outside their organisation. We look at the top five cybersecurity trends that defined 2021 and what they mean for Australian businesses in 2022 ...
The hack back: The legality of retaliatory hacking
In circumstances where government departments and law enforcement agencies are unable or unwilling to effectively respond to cybercrime, organisations are increasingly questioning whether or not they have or ought to have a a right to 'hack back' as an offensive retaliatory measure. ...
Peer-to-peer lending - a disruptive threat to banks?
The expansion of peer to peer lending in Australia will likely be a disruptive force for both banks and broader commercial stakeholders ...
Fool's gold – how packaging can be misleading or deceptive
The Federal Court has ruled that adopting distinctive branding may not be enough to get a trader out of hot water if the get-up of the trader's products is similar to somebody else's. ...
Combe International Ltd v Dr August Wolff: deceptive similarity where it counts
IP Australia, the Federal Court and the Full Federal Court have considered whether the trade marks VAGISIL and VAGISAN are deceptively similar. The final answer has now been handed down by the Full Federal Court. We take a look at the decision and what it tells us about deceptive similarity. ...