On 13 February 2025, the Australian Federal Parliament passed the Scams Prevention Bill 2025 (Cth) ("Bill"), the first of its kind worldwide....more
Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more
12/19/2024
/ Australia ,
Employees ,
Employer Liability Issues ,
Fair Work Act ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
New Amendments ,
Wage and Hour
The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 (Cth), which was enacted to address perceived disincentives to pursuing claims for discrimination, took effect on 2 October 2024....more
The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more
10/29/2024
/ Australia ,
Cybersecurity ,
Damages ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Invasion of Privacy ,
Personally Identifiable Information ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform
In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more
In Short -
The Situation: Following a number of high-profile cyber incidents resulting in significant data breaches, the Australian Government has doubled down on its efforts to strengthen privacy laws and cybersecurity...more
On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more
3/3/2022
/ Australia ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
Wage and Hour
The Situation: The Federal Government has published its highly anticipated reform package to Australia's industrial relations ("IR") framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting...more
There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more
12/16/2020
/ ASIC ,
Australia ,
Class Action ,
Cyber Attacks ,
Cyber Insurance ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Popular ,
Risk Management
The Situation: The Australian Federal Government has extended the JobKeeper Payment Scheme ("Scheme") with modifications for an additional six months, until 28 March 2021. The fortnightly flat rate subsidy of $1500 per...more
The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more
11/11/2019
/ Adjournment ,
Australia ,
Compulsory Claims ,
Criminal Contempt ,
Criminal Investigations ,
Criminal Prosecution ,
Cross Examination ,
Discovery ,
Evidence ,
Injunctive Relief ,
Judicial Review ,
Self-Incrimination
Sweeping changes to corporate whistleblowing laws in Australia came into effect on 1 July 2019. The reforms provide for a range of additional protections to eligible whistleblowers, including a right of...more
7/24/2019
/ Anonymity ,
Australia ,
Corporate Counsel ,
Disclosure Requirements ,
Dodd-Frank ,
Employer Liability Issues ,
New Legislation ,
Private Sector ,
Protected Disclosures ,
Retaliation ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies
Australia has started to observe a rise in the number of data breach class actions being investigated and filed, although there has not yet been a successful data breach class action there. A range of factors are at play...more
5/28/2019
/ Arbitration Agreements ,
Australia ,
Breach Notification Rule ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Disclosure Requirements ,
International Data Transfers ,
Popular ,
Privacy Laws
The Situation: The Notifiable Data Breach scheme, introduced by amendments to the Privacy Act 1988 (Cth), requires an assessment when an entity suspects that there may have been loss of, unauthorised access to, or...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the...more
2/4/2019
/ Australia ,
Corporate Social Responsibility ,
Domestic Violence ,
Fair Work Commission ,
Gig Economy ,
Hiring & Firing ,
Modern Slavery Act ,
Reporting Requirements ,
Supply Chain ,
Underpayment ,
Wage and Hour
The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements.
The Development: Four class actions, which...more
On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more
10/24/2018
/ Argentina ,
Asia ,
Australia ,
Belgium ,
Brazil ,
California Consumer Privacy Act (CCPA) ,
Canada ,
Chile ,
China ,
Colombia ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
EU ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hong Kong ,
IRS ,
Italy ,
Japan ,
Mexico ,
Netherlands ,
NIST ,
Paraguay ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Singapore ,
Spain ,
TCPA ,
UK
JONES DAY CYBERSECURITY, PRIVACY & DATA PROTECTION ATTORNEY SPOTLIGHT: Richard Martinez -
Europe's new General Data Protection Regulation ("GDPR") is driving an evolution in corporate privacy practices globally. As...more
6/25/2018
/ Article 29 Working Party (WP29) ,
Australia ,
Canada ,
China ,
Cybersecurity ,
Data Breach ,
Data Protection Officers (DPOs) ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
ENISA ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Infrastructure ,
IRS ,
Japan ,
Latin America ,
Mexico ,
National Security ,
NIST ,
Personally Identifiable Information ,
Popular ,
Regulatory Oversight ,
Singapore ,
South America ,
State Data Breach Notification Statutes
MESSAGE FROM THE EDITOR -
In this edition of the Update, we comment on the Labour Hire Licensing Act 2017 (Qld), which was recently implemented in Queensland and obliges labour hire providers to be licensed...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more
2/7/2018
/ Australia ,
Back Pay ,
Employer Liability Issues ,
Fair Work Act ,
Fair Work Commission ,
Fast-Food Industry ,
High Court of Australia ,
International Labor Laws ,
Internships ,
Proposed Legislation ,
Superannuation ,
Superfund ,
Underpayment ,
Union Representatives ,
Unions ,
Wage and Hour
MESSAGE FROM THE EDITOR -
In this edition of the Update, we report on Woolworths' commitment to identify and address human rights risks in its Australian supply chains. We then discuss a class action expected to be lodged...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
United States and China Renew Promise Not to Hack -
On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more
11/21/2017
/ Acquisitions ,
Argentina ,
Article 29 Working Party (WP29) ,
Australia ,
Belgium ,
Biometric Information Privacy Act ,
Blockchain ,
Canada ,
CCTV ,
Chile ,
China ,
CNIL ,
Connected Cars ,
COPPA ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Driverless Cars ,
EDPS ,
ENISA ,
Equifax ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Initial Coin Offering (ICOs) ,
International Data Transfers ,
Italy ,
Mexico ,
Mobile Apps ,
National Security ,
Netherlands ,
NIST ,
Online Advertisements ,
People's Bank of China ,
Personally Identifiable Information ,
Popular ,
Public Safety ,
Retail Investors ,
Search Engines ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Spain ,
Stored Communications Act ,
TCPA ,
UK ,
Websites
The Situation: Currently, limited protections exist in Australia for private sector whistleblowers against victimization and detrimental treatment.
The Development: The Australian government has released draft law that...more
11/2/2017
/ ASIC ,
Auditors ,
Australia ,
Competition Authorities ,
Corporate Misconduct ,
Disclosure Requirements ,
Financial Institutions ,
Indemnification ,
Insurance Industry ,
Ombudsman ,
Police ,
Private Sector ,
Proposed Legislation ,
Superannuation ,
Trustees ,
Whistleblower Protection Policies ,
Whistleblowers
New York Attorney General Announces Record Number of Data Breach Notices in 2016 -
On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more
6/5/2017
/ Advertising ,
Argentina ,
Australia ,
Chile ,
CNIL ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
De-Identification ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
DNA ,
DPA ,
e-Privacy Directive ,
EDPS ,
Encryption ,
Enforcement Actions ,
ENISA ,
EU ,
FACTA ,
FCC ,
Federal Aviation Administration (FAA) ,
Federal Trade Commission (FTC) ,
France ,
Fraud ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Information Commissioner's Office (ICO) ,
Information Sharing ,
Israel ,
Italy ,
Japan ,
Medical Records ,
Metadata ,
Mexico ,
National Security ,
Netherlands ,
NIST ,
Online Safety for Children ,
Patient Privacy Rights ,
Payroll Records ,
Personal Data ,
Personal Data Privacy Comission (PDPC) ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Repeal ,
Robocalling ,
Securities and Exchange Commission (SEC) ,
Singapore ,
Social Media ,
Spain ,
SWIFT ,
Telecommunications ,
Transparency ,
UK ,
Unmanned Aircraft Systems ,
USTR ,
XBRL Filing Requirements
Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth) ("CC Act") extended the unfair contract terms regime, which previously...more
5/8/2017
/ ASIC ,
Australia ,
Australian Competition and Consumer Commission (ACCC) ,
Commercial Leases ,
Consumer Protection Laws ,
Contract Terms ,
Indemnity ,
Independent Contractors ,
Limitation of Liability Clause ,
Telecommunications ,
Unfair Contract Terms ,
Waste Management