Technology

With technology and innovation driving a host of cross-sector transformation, our clients look to us to provide legal industry leadership in relation to high value, high risk technology undertakings that shape the markets in which they operate.

Overview

Clayton Utz's national Technology practice can partner with you to navigate critical technology projects with confidence, informed by a deep understanding of the risks across data security, bias, transparency, and accountability amid evolving regulation. The projects we work on with our clients are significant, and often benchmark the parameters within which other law firms are then required to advise.

Our expertise spans the full spectrum of technology contracting, covering business process transformation, managed services and cloud solutions, software projects, and contracting of new technologies. We also provide strategic assistance and regulatory advice on transactional and contentious matters spanning technology disputes (including third-party data breaches and supply chain vulnerabilities), media, telecommunications, and privacy compliance.

Recognition

Ranked Band 1 for Chambers Asia-Pacific Australia, TMT: IT and Telecommunications
Ranked Tier 1 for Legal500 Asia-Pacific, IT and Telecoms
Ranked Tier 1 for Legal500 Asia-Pacific, Data Protection
Ranked Tier 2 for Legal500 Asia-Pacific, Media and Entertainment
Ranked Band 3 for Chambers Asia-Pacific Australia, TMT: Media
Numerous individual practitioners recognised in Best Lawyers Australia, spanning information technology, outsourcing, telecommunications, and commercial law.

"We were very impressed with the TMT team's level of expertise. This level of expertise, coupled with their commercial insights, really sets the team apart."

– Client feedback via Chambers Asia-Pacific, TMT: IT and Telecommunications.

Experience

We offer significant experience in transacting with tier 1 vendors and service providers in critical engagements — spanning major outsourcing, business transformation, equipment and software procurement, cloud and managed service agreements, and the procurement and implementation of AI services.

In addition to standalone technology contracting, our team has extensive experience advising on the procurement of operational technology in the context of large-scale infrastructure projects and business operations. Our understanding of the technology market and our depth of specialist resources allows us to anticipate challenging issues and devise contractual frameworks that promote success for our clients.

We advise across all phases of the procurement life cycle:

Strategy and establishment — procurement strategy, delivery models, terms sheets, legal risk assessment, regulatory compliance, procurement policy and regulatory advice
Tender development and administration — market sounding and analysis, RFI/RFP development and review, contract development and tender clarifications
Evaluation, negotiations and execution — tender legal evaluation, supplier due diligence, negotiation strategy, transaction management and governance
Implementation — pre-contract documents, contract management, program governance, transition from legacy systems, knowledge transfer
Project administration — contract management and enforcement, variations and dispute resolution strategy

Australia prioritises the security of its critical infrastructure assets, regulating their operation across various sectors under the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act). Our team leads thinking in this space, publishing widely on the evolution of Australia's SOCI regime and advising clients on submissions to government reviews concerning potential reforms.

With a significant part of our practice devoted to the SOCI Act, our team is well placed to help clients meet the requirements around managing their critical infrastructure.

We advise across:

Regulatory compliance — obligations under the SOCI Act, risk management programs, reporting obligations and incident response requirements
SOCI due diligence — SOCI risk issues associated with acquisitions of critical infrastructure
Critical infrastructure risk programs — requirements for risk management programs and compliance assessment
Security systems data and privacy — advice on data from CCTV, biometric access control and surveillance technologies, and compliance with the Privacy Act and Australian Privacy Principles
Integrated incident response — support across physical security incidents, cyber breaches and data compromise, including regulatory notifications and coordinated legal triage

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

Visit our Privacy expertise page

Our expertise in artificial intelligence positions us at the forefront of this transformative field. We provide practical, forward-thinking advice on AI legal services including AI governance, regulatory compliance, intellectual property and privacy. We also consult on AI risk management, data governance, adoption, development of bespoke tools, and AI-enabled transformation in legal and legal-adjacent settings.

Visit our Digital Economy Hub (AI Advisory)

We advise across the entire spectrum of media sector workstreams, including defamation and other day-to-day editorial matters. Our media law specialists are the go-to team for sophisticated media mandates — content arrangements, mergers and acquisitions, ground-breaking multiplatform sporting and broadcasting rights deals, advertising clearance advice, and litigation and dispute resolution including defamation and reputational management.

We advise across:

Strategic arrangements — content arrangements, mergers and acquisitions, multiplatform sporting and broadcasting rights deals, and advertising clearance advice
Sports media — international, high-profile sports media matters, particularly broadcasting and digital rights partnerships
Copyright enforcement for news agencies — acting for internationally renowned news agencies on unlicensed use of their photographs
High-profile media disputes — SVOD licensing schemes, media monitoring entitlements under the Copyright Act, defamatory social media content, and regulatory approvals and notifications