Data + Privacy

Digital security and privacy protection have become priorities in an increasingly digital and data-dependent economy and society. Innovations such as the Internet of Things (IoT), mobile, and big data, generate more and more data and insights about everything people say and do. Organisations today face increasing pressure from regulators and the marketplace to improve how they collect, use, store and delete personal information (PI), and how they manage data privacy.

At G+T, our data and privacy lawyers will help you to traverse the legal and regulatory challenges in this terrain. With a deep understanding of privacy and data protection rules and norms, our team of experts advise on all stages of the data lifecycle.

    Our Approach

    In a world where the value and volume of data is growing exponentially, data privacy has emerged as a board-level issue. For organisations without a comprehensive and effective program for information governance, data privacy remains a compliance challenge and a potential reputational risk.

    G+T’s multi-disciplinary, cross-practice team provides expert advice throughout all stages of the data lifecycle, from generation through to divestment.

    Generation: a critical first step on an organisations’ data journey.  Our expert team will provide advice on the development of a clear corporate strategy, the steps that should be taken to protect data from the outset, risk management and understanding the financial value of any data generated throughout its lifecycle.

    Rationalisation + Consolidation: Once a business has generated its data, it must turn that data into something useful. We can guide you the regulatory hurdles of the data lifecycle, advising on an appropriate method of data search and access for your business and assisting to increase the prospects of copyright protection attaching to data.

    Protection: Once an organisation’s data has become useful and starts to reveal detailed insights about its customers of key businesses processes, you happen upon a double-edged sword. What is useful to a business will be a prime target for anyone seeking to undermine that business. Our Cyber Security and data protection experts will work with you to identify your specific business and compliance risks, corporate governance responsibilities, litigation risks and disclosure and notification obligations.

    Use + Commercialisation: There are innumerable ways to derive value from data, from extracting insights from a data set to create commercial opportunities, to the sale or licensing of data assets. G+T will help you to consider the best way for specific data sets to be commercialised. We will consider the licensing of new data or Intellectual Property (IP), analysis of any competitive advantage, bespoke contractual and corporate models (data trusts) and any ethical considerations.

    Ongoing Compliance / Governance: Depending on the type of data a business holds and the sector it operates in, regulatory compliance and information governance may need to be front-and-centre of a business’ approach to data management. Our regulatory experts will guide you through several areas of law that are evolving alongside the ever-increasing data economy. Such areas include Competition Law, Privacy Law, Consumer Protection Law and the recently establish Consumer Data Right (CDR).

    Valuation: There are a number of factors which influence the value which may be ascribed to any data set. Our team will help you to understand how data value may be offset or balanced against any risk, what the data is and where the opportunity lies, and which method of valuation will be most appropriate when taking account of the outputs from data commercialisation.

    Divestment: The final stage of the data lifecycle focuses on circumstances where a business is seeking to divest the data it owns. A divestment will require a business to consider a number of data-specific considerations, including proposed use of data, privacy obligations, liability post sale, warranties and indemnities insurance, cross border considerations, the Foreign Investment Review Board (FIRB), transitional services and the ACCC.

    G+T is “An Australian leader in digital practice and privacy,” and that the team is comprised of “Outstanding practitioners with a wealth of transactional and regulatory experience on market-leading deals for key industry clients across multiple industries in the public and private sectors…Dedicated to the emerging technologies market, particularly in the cybersecurity and data protection areas.”

    CHAMBERS & PARTNERS ASIA-PACIFIC

    Ranked Band 1 for IT & Telecommunications

    CHAMBERS & PARTNERS ASIA-PACIFIC

    Ranked Tier 1 for IT and Telecommunications

    LEGAL 500 ASIA PACIFIC

    Referees highlight the quality of the team's relationship management and personal service, and one source comments: "The firm is very patient, understanding, and commercially relevant to a changing environment." 

    CHAMBERS & PARTNERS ASIA-PACIFIC 2019

    Leading directories and clients alike recognise our “distinguished capability in developing areas of the technology industry, including cybersecurity, data and privacy and blockchain projects.” With a "very strong regulatory practice that is excellent in IT contract negotiations." We have "expertise in dealing with strategic, high-risk and high-value IT deals in the telecommunications sector" and its "innovative approach to IT transactions.”