Navigating legal issues in contracting for AI solutions

By: Nick Martin At a glance AI solutions differ significantly from traditional technology products, requiring businesses to take a different approach in addressing the usual issues in technology contracts, such as data security,  IP ownership,  liability and service levels. Conducting thorough due diligence and implementing robust testing or trial periods are crucial for customers to […]

Tech professionals and AI: Navigating liability and emerging risks

By: Stephen Morrissey, Christy Mellifont and Kayleigh Maxwell At a glance AI technology faces growing scrutiny over data privacy and cybersecurity concerns, with the Australian Government introducing voluntary safety standards and exploring mandatory guardrails for high-risk AI applications. Generative AI is raising legal questions about copyright infringement, ownership of AI-generated works, and liability under Australia’s […]

Cyber, Privacy & Technology Report – Issue 10

By: Kieran Doyle, Nicole Gabryk, Stephen Morrissey, Joseph Fitzgerald, Nick Martin, Rakhee Dullabh, Christy Mellifont, Rebecca Wilson, Carren Thung and Kayleigh Maxwell Issue 10 of our Cyber, Privacy & Technology Report is out now. Packed with the latest news, it’s the quarterly go-to for insurers, brokers, and their customers operating in cyber, privacy, and technology sectors across […]

Privacy and Other Legislation Amendment Bill 2024 passed

By: Kieran Doyle, Nicole Gabryk and Rakhee Dullabh At a glance Most parts of the Privacy and Other Legislation Amendment Bill 2024 (Cth) start the day after Royal Assent. However, APP1 changes for automated decision-making take effect in 24 months, and the new statutory tort for serious invasions of privacy starts within 6 months or […]

Breaking down the Cyber Security Act 2024 and amendments to the SOCI Act

By: Kieran Doyle, Nicole Gabryk and Rakhee Dullabh At a glance The new Act strengthens safeguards for individuals, businesses, and critical infrastructure, enhancing Australia’s resilience to cyber threats. Businesses must report significant cyber incidents, including ransomware demands and payments, ensuring improved visibility and coordinated responses. The act updates standards for IoT devices, expands critical infrastructure […]

Trend Watch: What’s next? – data breach class actions

Following the Optus and Medibank data breaches in 2021-2022, the increase in litigation has triggered a range of new considerations and developments in the space. In our latest Trend Watch video on data breaches, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel Gavin Davies discuss the increasing activity of regulators, litigants […]

Trend Watch: Privilege during investigations – data breach class actions

With litigation escalating across data breaches and privacy class actions, there are new questions around legal privilege when obtaining forensic reports. As part of our Trend Watch video series, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel Gavin Davies discuss privilege claims arising from the Optus and Medibank data breaches in 2021-2022, […]

Parental leave – an outline of entitlements and obligations

By: Sian Gilbert, Grace Gunn, Dexter Cabal and Ellie Jongma At a glance Employees entitled to parental leave under the Fair Work Act 2009 (Cth) (FW Act) may take up to 110 days of their 12-month unpaid leave entitlement in a flexible manner in the 24 months following the birth (or adoption) of their child […]

Trend Watch: Current state of play – data breach class actions

The 2021–2022 Optus and Medibank cyber incidents have sparked an uptick of litigation in the data breach and privacy class action space, raising important questions for the trajectory of similar matters going forward. In the second instalment of our Trend Watch video series, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel […]

Current landscape of cyber sanctions in Australia – October 2024

By: Kieran Doyle, Nicole Gabryk, Rakhee Dullabh and Rebecca Wilson At a glance In early October 2024, Australia imposed sanctions on three Russian nationals linked to the Evil Corp cybercrime group. The Cyber Security Bill 2024 aims to strengthen Australia’s defences against ransomware and cyber threats. Businesses must seek legal guidance to ensure compliance with […]