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Just in time: the full spectrum of amendments to the Security of Critical Infrastructure regime now passed
Insight 22 Apr 2022

The final anticipated amendments to the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) have been passed in the nick of time, making their way through the Senate in its last sitting before the 2022 Federal Election. These latest amendments introduce new and enhanced obligations for risk management programs and security respectively, and the concept of ‘systems of national significance’. ...

Have your say: government opens consultation on ADM and AI regulatory frameworks
Insight 30 Mar 2022

The Department of the Prime Minister and Cabinet is inviting responses to its recently released issues paper (Issues Paper) to inform future digital economy regulation in the areas of automated decision making (ADM) and artificial intelligence (AI). ...

Regulating crypto: Government releases consultation paper on proposed licensing and custody requirements
Insight 24 Mar 2022

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. ...

Federal Court clears path for the OAIC to pursue its privacy proceedings against Facebook
Insight 24 Feb 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. ...

Proposed changes to FIRB approval rules
Insight 16 Feb 2022

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. ...

What the top five cybersecurity trends mean for your business in 2022
Insight 08 Feb 2022

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 ...

Expansion in scope of transactions subject to FIRB approval rules
Insight 15 Dec 2021

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. ...

Long-awaited sanctions reform may result in more dispersed sanctions risk
Insight 07 Dec 2021

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. ...

Linklaters Insights: Anti-bribery and corruption law and enforcement across the globe
Insight 05 Dec 2021

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. ...

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