Legal Insights
General Data Protection Regulation
In 2018, the Australian and global privacy and data landscape is shifting significantly with the introduction of the mandatory data breach notification under the Australian Privacy Act 1988 and the new European Union privacy regime, the General Data Protection Regulation.
The GDPR will apply to organisations if they process the personal data of people in the EU and do any of the following:
- offer goods or services to people in the EU – for example, on a website or in marketing material that is in a European currency or language;
- monitor the behaviour of people in the EU – for example, by using cookies or other data processing techniques which track individuals online; or
- have an office in the EU.
"This means that many Australian organisations will be affected by the GDPR. Fines for non-compliance are eye-watering – up to €20 million or 4 per cent of annual global turnover (whichever is higher)."
Brendan Coady, Maddocks
This is an optimal time for organisations to:
- consider whether they fall within the ambit of the GDPR;
- map their data flows and understand the privacy implications; and
- review and, if necessary, amend their practices, policies and contracts to ensure that they are GDPR-compliant.
Maddocks offers a ‘privacy by design’ approach to proactively ensure whole organisations are privacy compliant. We believe that organisations who are robustly prepared can adjust to the new privacy and data landscape with confidence.
For more on the new privacy laws and practical ways to prepare for them, you can access our GDPR survival guide, co-authored with data security experts Commvault.
Keen to learn more about how GDPR affects your organisation?
Get in touch with the Information Technology team.
Related articles
Legal Insights
Contract Law in 2021 – a case study – Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd
By Anthony Willis, Patrick Collins
The contractual obligations in the case of Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd.
Legal Insights
Unconscionable conduct and the Quantum realm
By Shaun Temby, Christopher Marsh & Naini Rautela
Unconscionable conduct under the Australian Consumer Law vulnerability or disadvantage is not an essential elements
Legal Insights
Super to incrementally increase to 12% from 1 July 2021 – Are you prepared?
By Lindy Richardson, Meredith Kennedy, Meaghan Bare & Tim Gracie
The Federal Government has recently passed a Bill to amend the Superannuation Guarantee (Administration) Act 1992. From...
Legal Insights
What does ACCC v Woolworths mean for product claims and how will it impact manufacturers
By Shaun Temby & Aman Dhingra
What ACCC v Woolworths means for manufacturers
Partner
Sydney