Privacy

Privacy law is complex, confusing and continues to change at a rapid rate. It also affects almost every organisation in Australia and the regulatory landscape is continually evolving. Our experienced and practical privacy specialists advise on the full range of privacy issues which can arise for Australian and international clients, in both the public and private sectors.

Overview

We have advised many clients in relation to privacy compliance (both across organisations and project specific), complaints and regulatory investigations and in relation to the potential compromise of personal information. Our team is well versed in a range of technologies for protecting digital data and electronic databases (including physical controls, logical access controls, encryption, and de-identification techniques) and advise regularly on the legal issues associated with data security.

Our privacy lawyers are part of Clayton Utz's multidisciplinary team of cyber and technology experts and lawyers who are integrated seamlessly to respond to all types of cyber and data threats, including associated risk factors. We can manage the legal implications, reporting requirements, and insurance considerations arising from a cyber incident, while preserving your confidentiality.

Recognition

Ranked Tier 1 for Legal500 Asia-Pacific, Data Protection

Clayton Utz has market leading expertise in data protection and cyber security practices. In addition to technical excellence, they are approachable, and it is always a positive experience working with the team.

– Confidential client feedback via Legal500 Asia-Pacific (Data Protection)

Experience

We advise across:

Compliance: assistance with all aspects of privacy compliance, including advising on privacy policies, collection statements, handling procedures and addressing relevant regulatory requirements.
Data sharing: preparing and negotiating data sharing arrangements (including cross-border).
Procurement: assistance in addressing privacy issues in procurement settings such as business transformation, outsourcing and managed services agreements, including developing contractual privacy and security frameworks.
Data breaches: advice on data breach handling and notification, including assistance with establishing internal procedures for compliance, staff training and relevant contractual protections through to incident triage, reporting and dealing with regulators and affected individuals.
Audit and assessment: assistance in conducting privacy audits and preparing privacy impact assessments for new and changes to systems and processes.
Incident response plan development: assisting with the management of incidents, drawing upon our understanding of the full spectrum of risk – not just from a legal, but also from a forensic, commercial and reputational standpoint utilising the services of our integrated risk advisory team.
Confidential cyber investigations: in addition to preparing a tailored response plan, we can undertake a rigorous risk assessment.