Communications & Technology

Communications & Technology

Communications & Technology

Convergence, digitisation and a seemingly insatiable consumer appetite have driven significant change in the communications, media and technology industries. 

Perhaps more than any other industry, these fields, often synonymous with creativity and innovation, have permanently altered the way we interact, obtain information, work, learn and be entertained. They also operate, deliver services and communicate with their customers in ways unforeseen even five years ago. Today, we no longer turn exclusively to television, a newspaper or the internet, but expect to receive content and services through multiple media channels and technologies, often simultaneously.

The rapid change continues to bring new business models and services in key sectors such as entertainment, health and medicine, education and e-commerce, along with an increasingly complex regulatory and legal environment.

Corrs remains at the forefront on major developments affecting these dynamic industries and proudly advises some of Australia’s leading communications, media and technology companies.

Our Thinking

The statutory ‘journalists’ privilege’: Has it done enough to protect journalists from being obliged to disclose confidential sources?

The legal basis on which a journalist can protect the identity of an ‘anonymous’ source has been the subject of some significant developments in certain Australian jurisdictions.

More

Can journalists really promise anonymity to their sources?

Investigative journalists rely heavily on their ability to attract and retain the trust of their sources. But can they really promise them anonymity?

More

Tendering with the Commonwealth Government: what does the proposed new procurement legislation mean for you?

Proposed Commonwealth legislation will give prospective suppliers the right to compensation and injunctions for breaches of the Commonwealth Procurement Rules.

More

Why ‘open innovation’ is the way forward for the legal industry

Discover how, over the last 10 years, Corrs has been able to evolve and refine its delivery of legal services by embracing an open innovation approach.

More

Forget Terminator: Cyborgs have rights too (Part Two)

In the second of our two-part look at cyborg technology, we consider how Australia might navigate the potential social and legal tensions arising from human and machine integration.

More

Forget Terminator: Cyborgs have rights too (Part One)

Cyborgs are no longer a sci-fi curiosity. In the first of our two-part look at this technology, we consider how Australia might navigate surveillance and privacy issues that will inevitably arise.

More

Cyber Resilience: The Role of the General Counsel

General Counsel have a key role to play in ensuring their organisations are cyber resilient.

More

Using blockchain to secure and share health data

Fran Wheelahan looks at the use of blockchain technology in the healthcare industry and highlights some of the key legal considerations with the use of this technology.

More

Brand new cybersecurity regulations are now in effect in New York: How might they affect your organisation?

They’ve been hailed as a world first. How will New York’s new cybersecurity regulations shape legislation in Australia?

More

SAP wins UK licensing dispute: Strategies for managing licensing risks

The recent SAP decision in the United Kingdom’s High Court highlights the risks when it comes to under-licencing.

More

Preparing for life with robots: How will they be regulated in Australia?

As robots become more complex, capable and autonomous, there are serious liability, safety and privacy issues to address. How should Australia regulate these issues?

More

The future of correction centres – does virtual reality have a place?

Augmented and virtual reality technology is fast becoming more pervasive and affordable. But what does it offer for correctional services?

More

The Drone Age: not even the sky is the limit for this changing regulatory landscape

The regulatory framework for drones is complex and is under review. Where to next for these flights of fancy?

More

Mandatory data breach notification: how will the new laws in Australia impact your business?

The new mandatory data breach notification laws in Australia are likely to take effect in the next 12 months. So, it’s time for organisations to start preparing.

More

Watching the Watchman – Full Federal Court rejects Australian Privacy Commissioner’s stance on metadata

In a decision that has important ramifications for the regulation of metadata in Australia, the Full Federal Court has dismissed Telstra’s appeal of the Administrative Appeals Tribunal’s decision in the Ben Grubb metadata case.

More

Privacy New Year’s Resolution: Updating your privacy policy

Time to review your Privacy Policy? Here’s what you need to consider in an ever-changing technological environment.

More

Review of Queensland Privacy and Right to Information Legislation

Do Queensland’s Privacy and Right to Information laws need to change? Government agencies and service providers can have their say – but they’ll need to move quickly.

More

Disrupting procurement: the process contract and other avenues

Commonwealth legislation is being proposed to allow judicial review for government procurement decisions. What will this mean for the tender process?

More

Opportunities hiding amongst the issues in youth detention

How can service delivery in youth detention be improved to achieve better outcomes including reduced recidivism?

More

Productivity Commission: Time’s up for the Telecommunications Universal Service Obligation

The Productivity Commission raises serious questions about the Telecommunications Universal Service Obligation.

More

Online copyright: Are you a pirate?

Copying and pasting an image online is easy. Negotiating copyright law is a little more tricky.

More

Use it or lose it – Government to repeal Competition Notice regime

The ACCC will be more reliant on the courts to enforce competition law in the telecommunications sector.

More

In-play betting no more – well, sort of…

As the dust settles from the Melbourne spring racing carnival, we review the current status of in-play betting in Australia.

More

Technology will free us up for better face-to-face interaction

Corrs CEO John Denton considers how innovation will shape the future of the legal industry in this article which first appeared in The Australian.

More

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

More

Drone Use in Australia: What are the Privacy and Copyright Issues?

The complex regulatory regime surrounding the use of drones in Australia can give rise to significant challenges, particularly for companies wishing to integrate drones into their day-to-day activities.

More

“Life Is Short, Have Strong Security Governance”: The Ashley Madison Data Breach

The Australian Privacy Commissioner’s report on the Ashley Madison data breach offers fresh insight into the Commissioner’s current thinking on information security governance.

More

Is it illegal to use a smartphone app to ‘TapeACall’?

Despite the rapid progression of smartphone technology, Australian courts are yet to address whether it is legal to record phone calls using smartphone apps.

More

‘The Ring Games’: How ambush marketing can see brands benefit from multi-million dollar events for free

Sponsorship agreements between brands and significant events provide valuable platforms from which those brands can market to a wide audience.

More

Australian Olympic Committee v Telstra: Federal Court draws a ‘fine line’ on ambush marketing

The legality of ambush marketing tactics in Australia and the protection of the value of sponsorship rights in relation to the Olympic Games has recently been brought to a head in the decision of the AOC v Telstra [2016] FCA 857.

More

Keeping up with the Kardashians when recording and publishing private matters

A timely reminder of the various laws across the States and Territories regarding the recording and publishing of private conversations or activities.

More Download

What are ‘reasonable steps’ to protect personal information’? 5 key lessons from the Privacy Commissioner’s determinations

Under Australian privacy laws, organisations need to implement ‘reasonable steps’ to protect any personal information they hold.

More

Defamation Actions: What are the costs of partial success?

Two recent appeal decisions – Hardie v Herald and Weekly Times Pty Ltd (No 2) and De Poi v Advertiser-News Weekend Publishing Company Pty Ltd (No 2) - have provided important practical guidance on two aspects of defamation practice.

More

What's wrong with WhatsApp?

The recent ban on WhatsApp in Brazil marks the third time the online communication service has been banned in the country and highlights the real risks for preserving, obtaining and presenting evidence of online communications in litigation.

More

Breaking Brexit Down: Privacy (VIDEO)

In part three of our video series, Corrs Partner Phil Catania takes a closer look at the implications of the UK’s decision to leave the EU and considers how it will impact on privacy.

More

Disruptive revolution: In an age of technological upheaval, lawyers must not lose sight of their ethical responsibilities

CEO John Denton's opinion piece on the future of the legal profession in an age of technological disruption.

More

Stricter laws for franchisors? Responses to the 7-Eleven wage scandal

We examine the FWO’s investigation of 7-Eleven and possible regulatory responses to the recent wage scandal, and ask: how can franchisors prepare for stricter workplace laws?

More

Cyber risk finally getting the attention it deserves

In the last few months, the Australian Government released the mandatory data breach notification bill and a Cyber Security Strategy. The dual release indicates that cyber security opportunities and threats must be considered together.

More

Big Brother is watching! Covert government and corporate regulator hacking in Australia

This article focuses on recent legislative developments regarding covert hacking in Australia that your organisation needs to be aware of, and also touches on some new legislative approaches being adopted in the USA.

More

Digital disruption and demonstrations: Indonesia regulates transport and other apps

A new Transport Ministry regulation reflects increased attention on app providers.

More

Ensure your R&D activities are not criminal activities

As of April 2016, it is now a criminal offence under the Defence Trade Controls Act 2012 (Cth) (DTCA) to supply, publish or broker certain defence-related goods and technologies without an appropriate permit or approval.

More Download

In-play betting – don't bet on it

The Corrs Gaming & Wagering practice group provide an update on in-play betting in Australia following the release of the Federal Government’s views about future changes to online gambling regulation.

More

ACCC FAD sees dramatic price cuts for declared services

On 21 April 2016, the ACCC’s released its FAD setting out price and non-price terms and conditions for the DTCS. The new FAD sets pricing significantly lower than the previous FAD, with some reductions close to 80%.

More

Businesses Beware – are you caught by the Australian Consumer Law? Implications of the ACCC v Valve decision

Online and international businesses should consider whether they are subject to the ACL and amend their customer agreements to ensure compliance.

More

Government gives cyber security the attention it requires and $230m boost

The Federal Government today launched its new Cyber Security Strategy, giving cyber security a $230m boost and the national attention it deserves. The strategy contains a five point action plan designed to build national cyber resilience and unlock

More

Smart Cities: Making Australian Precinct Energy Networks a Reality

In this second article of our Smart Cities series, we look at how technologies that combine heating, cooling and electricity can transform Australia’s urban energy networks.

More

5 key actions your business can take to manage data breach risk

There are a variety of reasons why you should take data breach risk management seriously, not the least of which is the Federal Government’s recent draft bill to introduce mandatory data breach notification requirements.

More

Ideas boom full steam ahead - The Australian Government commits over $1 billion to science and innovation

The key measures that are front and centre of the Government’s National Innovation and Science Agenda.

More

Australia moves to introduce mandatory data breach notification

Consultation begins on a bill that would require businesses and government agencies to notify affected individuals and the regulator following a serious data breach.

More

Telstra takes on the ACCC’s access pricing determination

With $120 million in annual revenue at stake, Telstra is fighting a forced reduction to its wholesale prices.

More

What it takes to be a sustainable, smart city: Urban innovation

How are cities responding to issues of congestion, aging infrastructure and pollution?

More

What Google’s potential liability for defamation means for protecting your reputation

Why now more than ever is a good time to check what search results come up when you google yourself.

More

Implementation issues with Australia’s new data retention laws

A recent survey found only 16% of telcos and ISPs considered themselves ready to retain and encrypt data in accordance with the new data retention laws.

More

Timely guidance from the Privacy Commissioner - APP guidelines released

As companies finalise their compliance preparations ahead of Australia’s privacy law reforms taking effect in March 2014, the Privacy Commissioner has released its guidelines to the new Australian Privacy Principles.

More

IT pricing and the 'Australia Tax'

A recent parliamentary committee report on IT pricing found that Australians generally pay more for IT products such as software, games, music, movies and e-books than customers in many overseas markets.

More

Privacy reform is getting serious - Mandatory notification proposed for “serious data breach”

Several high profile data breach incidents have highlighted both the ramifications of data security breaches and the concerns about the failure of organisations to notify affected individuals and regulators of data breaches.

More

Productivity Commission releases draft report into the National Access Regime

On 25 October 2012, the Federal Government announced a Productivity Commission inquiry into the effectiveness of the National Access Regime.

More

Proposed media reforms

Contained in six different Bills, the legislation comprises the Government’s response to the Convergence Review and the Independent Inquiry into the Media and Media Regulation (the Finkelstein Report).

More

Victorian Court of Appeal considers misleading and deceptive conduct in IT RFP documents

The decision of the Court in Ipex ITG Pty Ltd v Melbourne Water Corporation serves as an important reminder to customers in the IT industry to ensure the accuracy of their tender documentation.

More

Convergence Review Final Report: More regulation, or more effective regulation?

After 12 months of investigations into media ownership, standards and content, including considering 340 submissions from individuals and organisations and over 28,000 comments, the final report has been presented.

More

Announced changes to the Australian General Anti-Avoidance Rule (GAAR)

The government’s action is in direct response to concerns about recent court losses suffered by the Australian Taxation Office (ATO) in seeking to apply the GAAR to transactions or arrangements entered into by some of Australia’s largest taxpayers.

More

Our Thinking

The statutory ‘journalists’ privilege’: Has it done enough to protect journalists from being obliged to disclose confidential sources?

The legal basis on which a journalist can protect the identity of an ‘anonymous’ source has been the subject of some significant developments in certain Australian jurisdictions.

Can journalists really promise anonymity to their sources?

Investigative journalists rely heavily on their ability to attract and retain the trust of their sources. But can they really promise them anonymity?

Tendering with the Commonwealth Government: what does the proposed new procurement legislation mean for you?

Proposed Commonwealth legislation will give prospective suppliers the right to compensation and injunctions for breaches of the Commonwealth Procurement Rules.

Why ‘open innovation’ is the way forward for the legal industry

Discover how, over the last 10 years, Corrs has been able to evolve and refine its delivery of legal services by embracing an open innovation approach.

Forget Terminator: Cyborgs have rights too (Part Two)

In the second of our two-part look at cyborg technology, we consider how Australia might navigate the potential social and legal tensions arising from human and machine integration.

Forget Terminator: Cyborgs have rights too (Part One)

Cyborgs are no longer a sci-fi curiosity. In the first of our two-part look at this technology, we consider how Australia might navigate surveillance and privacy issues that will inevitably arise.

Cyber Resilience: The Role of the General Counsel

General Counsel have a key role to play in ensuring their organisations are cyber resilient.

Using blockchain to secure and share health data

Fran Wheelahan looks at the use of blockchain technology in the healthcare industry and highlights some of the key legal considerations with the use of this technology.

Brand new cybersecurity regulations are now in effect in New York: How might they affect your organisation?

They’ve been hailed as a world first. How will New York’s new cybersecurity regulations shape legislation in Australia?

SAP wins UK licensing dispute: Strategies for managing licensing risks

The recent SAP decision in the United Kingdom’s High Court highlights the risks when it comes to under-licencing.

Preparing for life with robots: How will they be regulated in Australia?

As robots become more complex, capable and autonomous, there are serious liability, safety and privacy issues to address. How should Australia regulate these issues?

The future of correction centres – does virtual reality have a place?

Augmented and virtual reality technology is fast becoming more pervasive and affordable. But what does it offer for correctional services?

The Drone Age: not even the sky is the limit for this changing regulatory landscape

The regulatory framework for drones is complex and is under review. Where to next for these flights of fancy?

Mandatory data breach notification: how will the new laws in Australia impact your business?

The new mandatory data breach notification laws in Australia are likely to take effect in the next 12 months. So, it’s time for organisations to start preparing.

Watching the Watchman – Full Federal Court rejects Australian Privacy Commissioner’s stance on metadata

In a decision that has important ramifications for the regulation of metadata in Australia, the Full Federal Court has dismissed Telstra’s appeal of the Administrative Appeals Tribunal’s decision in the Ben Grubb metadata case.

Privacy New Year’s Resolution: Updating your privacy policy

Time to review your Privacy Policy? Here’s what you need to consider in an ever-changing technological environment.

Review of Queensland Privacy and Right to Information Legislation

Do Queensland’s Privacy and Right to Information laws need to change? Government agencies and service providers can have their say – but they’ll need to move quickly.

Disrupting procurement: the process contract and other avenues

Commonwealth legislation is being proposed to allow judicial review for government procurement decisions. What will this mean for the tender process?

Opportunities hiding amongst the issues in youth detention

How can service delivery in youth detention be improved to achieve better outcomes including reduced recidivism?

Productivity Commission: Time’s up for the Telecommunications Universal Service Obligation

The Productivity Commission raises serious questions about the Telecommunications Universal Service Obligation.

Online copyright: Are you a pirate?

Copying and pasting an image online is easy. Negotiating copyright law is a little more tricky.

Use it or lose it – Government to repeal Competition Notice regime

The ACCC will be more reliant on the courts to enforce competition law in the telecommunications sector.

In-play betting no more – well, sort of…

As the dust settles from the Melbourne spring racing carnival, we review the current status of in-play betting in Australia.

Technology will free us up for better face-to-face interaction

Corrs CEO John Denton considers how innovation will shape the future of the legal industry in this article which first appeared in The Australian.

Compulsory data breach notification will also highlight contractual obligations

Changes to privacy law requiring notification of serious breaches of personal information will also have consequences for contractual relationships and corporate data security.

Drone Use in Australia: What are the Privacy and Copyright Issues?

The complex regulatory regime surrounding the use of drones in Australia can give rise to significant challenges, particularly for companies wishing to integrate drones into their day-to-day activities.

“Life Is Short, Have Strong Security Governance”: The Ashley Madison Data Breach

The Australian Privacy Commissioner’s report on the Ashley Madison data breach offers fresh insight into the Commissioner’s current thinking on information security governance.

Is it illegal to use a smartphone app to ‘TapeACall’?

Despite the rapid progression of smartphone technology, Australian courts are yet to address whether it is legal to record phone calls using smartphone apps.

‘The Ring Games’: How ambush marketing can see brands benefit from multi-million dollar events for free

Sponsorship agreements between brands and significant events provide valuable platforms from which those brands can market to a wide audience.

Australian Olympic Committee v Telstra: Federal Court draws a ‘fine line’ on ambush marketing

The legality of ambush marketing tactics in Australia and the protection of the value of sponsorship rights in relation to the Olympic Games has recently been brought to a head in the decision of the AOC v Telstra [2016] FCA 857.

Keeping up with the Kardashians when recording and publishing private matters

A timely reminder of the various laws across the States and Territories regarding the recording and publishing of private conversations or activities.

What are ‘reasonable steps’ to protect personal information’? 5 key lessons from the Privacy Commissioner’s determinations

Under Australian privacy laws, organisations need to implement ‘reasonable steps’ to protect any personal information they hold.

Defamation Actions: What are the costs of partial success?

Two recent appeal decisions – Hardie v Herald and Weekly Times Pty Ltd (No 2) and De Poi v Advertiser-News Weekend Publishing Company Pty Ltd (No 2) - have provided important practical guidance on two aspects of defamation practice.

What's wrong with WhatsApp?

The recent ban on WhatsApp in Brazil marks the third time the online communication service has been banned in the country and highlights the real risks for preserving, obtaining and presenting evidence of online communications in litigation.

Breaking Brexit Down: Privacy (VIDEO)

In part three of our video series, Corrs Partner Phil Catania takes a closer look at the implications of the UK’s decision to leave the EU and considers how it will impact on privacy.

Disruptive revolution: In an age of technological upheaval, lawyers must not lose sight of their ethical responsibilities

CEO John Denton's opinion piece on the future of the legal profession in an age of technological disruption.

Stricter laws for franchisors? Responses to the 7-Eleven wage scandal

We examine the FWO’s investigation of 7-Eleven and possible regulatory responses to the recent wage scandal, and ask: how can franchisors prepare for stricter workplace laws?

Cyber risk finally getting the attention it deserves

In the last few months, the Australian Government released the mandatory data breach notification bill and a Cyber Security Strategy. The dual release indicates that cyber security opportunities and threats must be considered together.

Big Brother is watching! Covert government and corporate regulator hacking in Australia

This article focuses on recent legislative developments regarding covert hacking in Australia that your organisation needs to be aware of, and also touches on some new legislative approaches being adopted in the USA.

Digital disruption and demonstrations: Indonesia regulates transport and other apps

A new Transport Ministry regulation reflects increased attention on app providers.

Ensure your R&D activities are not criminal activities

As of April 2016, it is now a criminal offence under the Defence Trade Controls Act 2012 (Cth) (DTCA) to supply, publish or broker certain defence-related goods and technologies without an appropriate permit or approval.

In-play betting – don't bet on it

The Corrs Gaming & Wagering practice group provide an update on in-play betting in Australia following the release of the Federal Government’s views about future changes to online gambling regulation.

ACCC FAD sees dramatic price cuts for declared services

On 21 April 2016, the ACCC’s released its FAD setting out price and non-price terms and conditions for the DTCS. The new FAD sets pricing significantly lower than the previous FAD, with some reductions close to 80%.

Businesses Beware – are you caught by the Australian Consumer Law? Implications of the ACCC v Valve decision

Online and international businesses should consider whether they are subject to the ACL and amend their customer agreements to ensure compliance.

Government gives cyber security the attention it requires and $230m boost

The Federal Government today launched its new Cyber Security Strategy, giving cyber security a $230m boost and the national attention it deserves. The strategy contains a five point action plan designed to build national cyber resilience and unlock

Smart Cities: Making Australian Precinct Energy Networks a Reality

In this second article of our Smart Cities series, we look at how technologies that combine heating, cooling and electricity can transform Australia’s urban energy networks.

5 key actions your business can take to manage data breach risk

There are a variety of reasons why you should take data breach risk management seriously, not the least of which is the Federal Government’s recent draft bill to introduce mandatory data breach notification requirements.

Ideas boom full steam ahead - The Australian Government commits over $1 billion to science and innovation

The key measures that are front and centre of the Government’s National Innovation and Science Agenda.

Australia moves to introduce mandatory data breach notification

Consultation begins on a bill that would require businesses and government agencies to notify affected individuals and the regulator following a serious data breach.

Telstra takes on the ACCC’s access pricing determination

With $120 million in annual revenue at stake, Telstra is fighting a forced reduction to its wholesale prices.

What it takes to be a sustainable, smart city: Urban innovation

How are cities responding to issues of congestion, aging infrastructure and pollution?

What Google’s potential liability for defamation means for protecting your reputation

Why now more than ever is a good time to check what search results come up when you google yourself.

Implementation issues with Australia’s new data retention laws

A recent survey found only 16% of telcos and ISPs considered themselves ready to retain and encrypt data in accordance with the new data retention laws.

Timely guidance from the Privacy Commissioner - APP guidelines released

As companies finalise their compliance preparations ahead of Australia’s privacy law reforms taking effect in March 2014, the Privacy Commissioner has released its guidelines to the new Australian Privacy Principles.

IT pricing and the 'Australia Tax'

A recent parliamentary committee report on IT pricing found that Australians generally pay more for IT products such as software, games, music, movies and e-books than customers in many overseas markets.

Privacy reform is getting serious - Mandatory notification proposed for “serious data breach”

Several high profile data breach incidents have highlighted both the ramifications of data security breaches and the concerns about the failure of organisations to notify affected individuals and regulators of data breaches.

Productivity Commission releases draft report into the National Access Regime

On 25 October 2012, the Federal Government announced a Productivity Commission inquiry into the effectiveness of the National Access Regime.

Proposed media reforms

Contained in six different Bills, the legislation comprises the Government’s response to the Convergence Review and the Independent Inquiry into the Media and Media Regulation (the Finkelstein Report).

Victorian Court of Appeal considers misleading and deceptive conduct in IT RFP documents

The decision of the Court in Ipex ITG Pty Ltd v Melbourne Water Corporation serves as an important reminder to customers in the IT industry to ensure the accuracy of their tender documentation.

Convergence Review Final Report: More regulation, or more effective regulation?

After 12 months of investigations into media ownership, standards and content, including considering 340 submissions from individuals and organisations and over 28,000 comments, the final report has been presented.

Announced changes to the Australian General Anti-Avoidance Rule (GAAR)

The government’s action is in direct response to concerns about recent court losses suffered by the Australian Taxation Office (ATO) in seeking to apply the GAAR to transactions or arrangements entered into by some of Australia’s largest taxpayers.