The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...

A full bench of the Federal Court has confirmed an earlier ruling that there was a prima facie case Facebook Inc (now Meta Platforms Inc) 'carries on a business' and collects personal information in Australia. With this decision, the Australian Information Commissioner can now proceed with the landmark case against Facebook Inc and Facebook Ireland Ltd in relation to a number of alleged breaches of the Australian Privacy Principles. ...

On 14 February 2022, the Government released proposed changes to the FIRB approval rules, in the form of an exposure draft of the Foreign Acquisitions and Takeovers Amendment Regulations 2022 which would amend the Foreign Acquisitions and Takeovers Regulations 2015. We outline and comment on the changes proposed. ...

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 ...

In this Insight, we look at the changes and comment on what they mean for transactions. The changes to the SOCI Act also have operational implications for many businesses – which we will separately publish on. ...

Last year, the Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade (the committee) recommended enacting legislation to establish a worldwide human rights sanctions regime. Last week, the government's response was tabled in Parliament. ...

An understanding of the global reach of anti-bribery and corruption regulation, as well as the application of it within a specific jurisdiction, is key to managing risk for today’s international businesses. ...

Determinations issued by the Office of the Australian Information Commissioner (OAIC) following two recent investigations against 7-Eleven and Clearview AI, reinforce a global trend of growing regulatory scrutiny of the use of facial recognition technology by private sector organisations, and follows Facebook's recent decision to shut down its facial recognition system. ...

Data centres, the warehouses underpinning the digital aspects of our working and home lives, have become red hot assets, with investors piling into the sector – and regulators in the West signalling their readiness to closely scrutinise foreign investment (FI). ...

In late October, the Attorney-General's Department released a long-awaited Exposure Draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill) to amend the Privacy Act 1988 (Privacy Act). ...