On 13 February 2025, the Australian Federal Parliament passed the Scams Prevention Bill 2025 (Cth) ("Bill"), the first of its kind worldwide....more
Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more
12/19/2024
/ Australia ,
Employees ,
Employer Liability Issues ,
Fair Work Act ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
New Amendments ,
Wage and Hour
The Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 (Cth), which was enacted to address perceived disincentives to pursuing claims for discrimination, took effect on 2 October 2024....more
The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more
10/29/2024
/ Australia ,
Cybersecurity ,
Damages ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Invasion of Privacy ,
Personally Identifiable Information ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform
In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more
In Short -
The Situation: Following a number of high-profile cyber incidents resulting in significant data breaches, the Australian Government has doubled down on its efforts to strengthen privacy laws and cybersecurity...more
On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more
3/3/2022
/ Australia ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Misclassification ,
Wage and Hour
The Western Australian Government has introduced a mandatory COVID-19 vaccination policy across three groups of industries and occupations, which covers up to 75% of the State's workforce. ...more
11/19/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
President Biden Issues Cybersecurity Executive Order -
On May 12, 2021, President Biden issued an executive order that placed new standards on the...more
8/10/2021
/ Article III ,
Biden Administration ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Executive Orders ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
Mobile Apps ,
Personal Data ,
Popular ,
Ransomware ,
SCOTUS ,
Standing ,
TransUnion LLC v Ramirez
The Situation: The Federal Government has published its highly anticipated reform package to Australia's industrial relations ("IR") framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting...more
United States -
Regulatory—Policy, Best Practices, and Standard -
NIST Unveils Draft Guidance to Protect Critical Infrastructure -
On October 22, 2020, the National Institute of Standards and Technology ("NIST")...more
1/8/2021
/ CNIL ,
Consumer Privacy Rights ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
NIST ,
Personal Data ,
Popular ,
Risk Management
There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more
12/16/2020
/ ASIC ,
Australia ,
Class Action ,
Cyber Attacks ,
Cyber Insurance ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Popular ,
Risk Management
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Revision to Security Standard -
On September 23, the National Institute of Standards and Technology ("NIST") released Revision 5 to...more
The Situation: The Australian Federal Government has extended the JobKeeper Payment Scheme ("Scheme") with modifications for an additional six months, until 28 March 2021. The fortnightly flat rate subsidy of $1500 per...more
The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
Cybersecurity Standards Issued for Government Contractors -
On January 31, the Office of the Under Secretary of Defense for Acquisition and...more
4/1/2020
/ 5G Network ,
Artificial Intelligence ,
Canada ,
China ,
CNIL ,
Computer Fraud and Abuse Act (CFAA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FERC ,
GAO ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Commissioner's Office (ICO) ,
Japan ,
Latin America ,
National Security ,
NIST ,
OCIE ,
OCR ,
Online Safety for Children ,
People's Bank of China ,
Public Health Emergency ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State Attorneys General ,
Telehealth ,
Trump Administration ,
Unmanned Aircraft Systems
The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more
11/11/2019
/ Adjournment ,
Australia ,
Compulsory Claims ,
Criminal Contempt ,
Criminal Investigations ,
Criminal Prosecution ,
Cross Examination ,
Discovery ,
Evidence ,
Injunctive Relief ,
Judicial Review ,
Self-Incrimination
Sweeping changes to corporate whistleblowing laws in Australia came into effect on 1 July 2019. The reforms provide for a range of additional protections to eligible whistleblowers, including a right of...more
7/24/2019
/ Anonymity ,
Australia ,
Corporate Counsel ,
Disclosure Requirements ,
Dodd-Frank ,
Employer Liability Issues ,
New Legislation ,
Private Sector ,
Protected Disclosures ,
Retaliation ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies
Australia has started to observe a rise in the number of data breach class actions being investigated and filed, although there has not yet been a successful data breach class action there. A range of factors are at play...more
5/28/2019
/ Arbitration Agreements ,
Australia ,
Breach Notification Rule ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Disclosure Requirements ,
International Data Transfers ,
Popular ,
Privacy Laws
The Situation: The Notifiable Data Breach scheme, introduced by amendments to the Privacy Act 1988 (Cth), requires an assessment when an entity suspects that there may have been loss of, unauthorised access to, or...more
MESSAGE FROM THE EDITOR -
In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the...more
2/4/2019
/ Australia ,
Corporate Social Responsibility ,
Domestic Violence ,
Fair Work Commission ,
Gig Economy ,
Hiring & Firing ,
Modern Slavery Act ,
Reporting Requirements ,
Supply Chain ,
Underpayment ,
Wage and Hour
The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements.
The Development: Four class actions, which...more
UNITED STATES -
Regulatory—Policy, Best Practices, and Standards -
NIST Releases Internal Report Regarding IoT Cybersecurity -
In September, the National Institute of Standards and Technology ("NIST") released a draft...more
12/26/2018
/ Civil Monetary Penalty ,
CNIL ,
Consumer Reporting Agencies ,
COPPA ,
Critical Infrastructure Sectors ,
Cross-Border ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Department of Defense (DOD) ,
Disclosure Requirements ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hobbs Act ,
Internal Audit Functions ,
International Data Transfers ,
Internet of Things ,
NIST ,
Popular ,
Power Grid ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
On the heels of the European Union's General Data Protection law, which went into effect in May 2018, California has enacted the California Consumer Privacy Act ("CCPA")—the result of an 11th-hour compromise between...more
10/24/2018
/ Argentina ,
Asia ,
Australia ,
Belgium ,
Brazil ,
California Consumer Privacy Act (CCPA) ,
Canada ,
Chile ,
China ,
Colombia ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
EU ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Germany ,
Hong Kong ,
IRS ,
Italy ,
Japan ,
Mexico ,
Netherlands ,
NIST ,
Paraguay ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Singapore ,
Spain ,
TCPA ,
UK
JONES DAY CYBERSECURITY, PRIVACY & DATA PROTECTION ATTORNEY SPOTLIGHT: Richard Martinez -
Europe's new General Data Protection Regulation ("GDPR") is driving an evolution in corporate privacy practices globally. As...more
6/25/2018
/ Article 29 Working Party (WP29) ,
Australia ,
Canada ,
China ,
Cybersecurity ,
Data Breach ,
Data Protection Officers (DPOs) ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
ENISA ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hong Kong ,
Infrastructure ,
IRS ,
Japan ,
Latin America ,
Mexico ,
National Security ,
NIST ,
Personally Identifiable Information ,
Popular ,
Regulatory Oversight ,
Singapore ,
South America ,
State Data Breach Notification Statutes