Graeme Fearon

Transferring data (especially personal information) between group companies is vital for allowing businesses to identify and target existing customers and potential new markets. However, as the record fine recently levied on Meta Platforms (parent company of Facebook) shows, safely navigating the regulatory landscape can require caution and diligence.

In the Attorney-General’s recent report on proposed amendments to the Privacy Act 1988 (Cth), the Small Business Exemption has come under scrutiny. Is it now time for Australia to extend privacy regulation to all businesses?

The Attorney General has published his long awaited review of the Australian Privacy Act 1988.

The latest development in AI (or “deep-learning”) models is ChatGPT, a chatbot whose responses to natural language prompts are so detailed and articulate that anyone who’s used it is probably wondering whether their job is now at risk.

A general lack of clarity has led to poor levels of compliance, and many Australian businesses have got used to treating customer information as an asset rather than a liability”. Moulis Legal’s special counsel, Graeme Fearon, provides an insight into the most interesting current trends on data breaches.

Last year, we reported on China’s new Personal Information Protection Law (PIPL) which came into force on 1 November 2021. PIPL sits alongside the Data Security Law (DSL) and Cybersecurity Law (CSL) at the heart of China’s integrated cyber and data governance regime.

The Optus data breach of September 2022 is possibly the largest to have ever affected Australia consumers.

The first AusCryptoCon (which took place on the Gold Coast 17-18 September 2022) was a huge success.

Blockchain technology (aka “distributed ledger technology”, aka “DLT”) is a game-changer, with implications for all aspects of society and commerce. Digital assets secured on a blockchain are quick, cheap and efficient to process, while also being “smart”, secure and traceable.

Decentralised Autonomous Organisations (DAOs) are one of the more intriguing applications of distributed ledger technology (aka ‘blockchain’). They are self-regulating organisations comprising members linked on a blockchain through NFTs and smart contracts which serve as a digital constitution.

As blockchain use-cases such as cryptocurrencies and non-fungible tokens (NFTs) have surged in popularity over the last few years, serious concerns have been raised about the energy and resources required to maintain and use them.

Moulis Legal is excited to announce a legal first for Australia. On the back of our work with a number of trailblazing blockchain projects, our technology law team has embraced distributed-ledger technology and is offering our legal services in the form of non-fungible tokens (NFTs).

As we have previously discussed, there is significant interplay between blockchain technologies and intellectual property law. In an earlier article we suggested that, although non-fungible token (NFT) and crypto technology is new and fast-moving, existing laws are well-placed to clearly identify and enforce rights and obligations in this space.

A good domain name is a critical part of any modern business identity. Although there is an almost limitless supply of domain names, all of which perform the same function (i.e. identifying online resources), some are definitely more desirable than others.

The recent announcement that Brisbane will host the 2032 Olympics is an exciting opportunity not just for Queensland but for the whole of Australia. Perhaps unsurprisingly, ‘Brisbane’ was one of the top five trending Google searches on the day of the announcement.

In recent years, blockchains have been accused of imposing an unsupportable burden on the environment. The energy needed to operate Bitcoin alone has been compared to the national requirements of a small country.

In a globally groundbreaking decision, the Federal Court of Australia has held that an artificial intelligence (AI) system can be named as the inventor on a patent.

Lego has taken action in the United States of America to prevent sales of an ‘irresponsible’ customisation kit for making real guns resemble children’s toys.

From 1 July 2021, more consumers will benefit from the statutory protection of the Australian Consumer Law with the upper limit for consumer rights protection increasing from $40,000 to $100,000.

Non-fungible tokens (NFTs) have been around since at least 2014 but have yet to really come into their own. Digital artworks and virtual cat-breeding (see below) may attract clickbait headlines but represent slightly trivial use cases and are nowhere near what we can ultimately expect of NFT technology.

The Chinese government has announced new provisions clarifying the collection of personal information by mobile apps.

The recent explosion of interest – and investment – in digital art has highlighted one more area where blockchain is steadily encroaching into all aspects of modern life.

With the expiry of the Brexit transition period on 31 December 2020, the United Kingdom (UK) is no longer subject to European Union (EU) law, which includes the General Data Protection Regulation (GDPR). 

In the light of the recent COVID flare-ups in Sydney, and hot on the heels of the ACT’s launch of its Check In CBR app, Queensland has announced that venues in the State will now be required to use electronic devices or QR codes to maintain registers of guests.

There is hardly an aspect of modern professional sport that remains untouched by commercial sponsorship.

Black Friday is a US institution that has been eagerly adopted across the capitalist world.

As Australia starts to ease out of COVID lockdown, the ACT Government has announced that the capital’s cafes, restaurants and bars can begin to welcome more customers, provided they sign up to the Territory’s bespoke Check In CBR app. 

The Australian arm of the Adani Group has announced a rebrand, now to be known as Bravus.

The Merge has finally happened! This long-awaited and highly significant upgrade to the Ethereum blockchain promises to reduce its carbon footprint to less than 1% of current levels. Since Ethereum is the primary ecosystem supporting smart contracts, NFTs and decentralised finance (DeFi) apps, this will go a long way towards the overall decarbonisation of blockchain as a technology.