HOW WE CAN HELP

In a world where the value and volume of data are 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.

Our multi-disciplinary, cross-practice team provides expert advice throughout all stages of the data life cycle, from generation through to divestment.

Our services

• Generation: A critical first step on an organisation's data journey. Our expert team advises 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 life cycle.
• Rationalisation and consolidation: Once a business has generated its data, it must turn that data into something useful. We guide you through 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 attached to data.
• Protection: Once an organisation’s data has become useful and starts to reveal detailed insights about its customers of key business 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 and 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. We help you to consider the best way for specific data sets to be commercialised. We 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 and 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 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 established Consumer Data Right.
• Valuation: There are several factors that influence the value that may be ascribed to any data set. We help you 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 life cycle 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, transitional services and the ACCC.