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Australian firm Holding Redlich maintains a multi-disciplinary team that deals with all aspects of data protection and privacy. Its core data team sits within the technology, media & telecommunications practice, working closely with members of the dispute resolution & litigation team.
Taking advantage of varied member backgrounds in the private sector and senior government roles, the team renders sophisticated support to a diverse roster of clients encompassing top international and domestic technology companies, as well as the Office of the Australian Information Commissioner (OAIC), while also engaging in high-level extra-curricular activities as panel, committee and association members.
Angela Flannery is a thought and practice leader in the data and TMT areas. She is a former general counsel and first assistant secretary at the Australian Federal Government’s Department of Communications and the Arts.
Leading members of the dispute resolution and litigation group Greg Wrobel and Paul Venus regularly act for the OAIC in high-profile regulatory actions relating to privacy, freedom of information and data regulation.
General counsel Lyn Nicholson, an advisory board member of the International Association of Privacy Professionals, has extensive experience implementing privacy and information security policies. Joanne Jary in Brisbane brings significant experience advising on privacy matters for government clients and acts for the Office of Australian Information Commissioner in litigious matters.
The Office of the Australian Information Commissioner (OAIC) has been a long-standing client of Holding Redlich over many years. Jary, Venus and Wrobel have acted for the OAIC in several judicial review proceedings in the Federal Court and Federal Circuit Court, and merits reviews in the Administrative Appeals Tribunal, where the Commissioner’s determinations of complaints under the Privacy Act have been challenged. Kim Nguyen appears as solicitor-advocate in these proceedings. The firm’s assistance to the OAIC includes work undertaken by Flannery, such as advisory work on interpretation of the Privacy Act and consumer data rights.
Holding Redlich has also acted for numerous clients in preparing responses to proposed reforms to the Privacy Act.
One client has positive feedback for numerous Holding attorneys. William Khong is said to be “always easy to deal with”; Hannah Dunai “confident answering questions on the spot”; Emily Booth “quick to action items, always accurate”; and Jessica Tsiakis “invaluable” in helping with a recent insurance claim.
Holding Redlich has a multi-disciplinary team that can assist you in all aspects of data protection and privacy, from developing privacy policies and data governance structures, to preparation of transaction documentation and advice on regulatory compliance including consumer protection, competition (including ad tech), cyber security and national security regulation. We also provide IP assistance and act for clients in data-related dispute resolution and litigation.
Australia’s ongoing regulatory evolution
Holding Redlich is well-placed to assist clients as the Australian data regulatory landscape continues to evolve.
Over 2021 and 2022, the Australian Government is undertaking a comprehensive Privacy Act review. That review is intended to determine whether the Act, first put in place in 1988, remains fit for purpose in an increasingly digital world. New privacy regulation specific to online businesses is also proposed for early 2022 to require adoption of a binding online platforms code for social media platforms and other online businesses that are considered to trade in personal information.
But it is not only privacy regulation that is changing. For example, Australia’s innovative consumer data right, which provides Australian consumers (and businesses) with the right to require the sharing of their data is being expanded beyond banking to other sectors. The Australian Competition and Consumer Commission (ACCC), which continues to investigate the intersection of competition, consumer protection and privacy, will likely be given new powers in 2022 that significantly impact on the use of data digital businesses.
Our practice covers data in many forms, including business information, big data and personal information. We understand that managing data and privacy risks involves a range of stakeholders within an organisation. We work not only with general counsel but internal executive teams, including chief data officers, chief security officers, chief risk officers and regulatory and communications executives.
The broad experience of our team in strategic planning, governance structures, compliance and dealing with regulatory investigations and breach management means our clients receive expert advice that is both pragmatic and tailored to best assist them. Our partners also have extensive experience in engaging with regulators, including the Office of the Australian Information Commissioner and the ACCC.
Utilising our knowledge of the law, as well as our extensive experience of the Australian regulatory environment and with Government agencies and regulators, we can:
- Develop cutting-edge regulatory proposals and carefully balanced submissions to the Government responding to legislative reform consultation processes. This includes reform of privacy legislation and reform in competition and consumer protection areas that impact data usage.
- Provide advice and transactional assistance to clients that ensures they fully comply with the current law, with an eye to ensuring compliance with future regulatory changes that may impact their business in relation to data.
- Resolve disputes and act in litigation related to data, whether between private companies or in relation to regulatory matters, in a manner that is both effective and efficient for our clients.
- Draft and negotiate transaction documentation related to data, including transfers of data and other IP, as well as privacy, rights to information and data security specific provisions for commercial contracts.
- Advise on other key data and privacy areas, including data security, data breach planning, risk management, compliance with the full spectrum of privacy and data related regulation and information governance.
- Assist in the registration and ongoing management of IP.
About Holding Redlich
The firm’s reputation for delivering excellent results for our clients has developed over 40 years and our consistent growth has seen us become one of Australia’s leading law firms. We provide a complete range of legal services for our clients, including many of Australia’s largest public and private companies and all levels of government. Our solutions are tailored to our clients’ needs and underpinned by the very best legal thinking and expertise of more than 500 staff, including over 160 lawyers and 70 partners.