Fintech, Privacy & Emerging Technologies2019-11-19T03:03:05+00:00

Fintech, Privacy & Emerging Technologies

New Article

Does Data Sharing
Complement or Challenge Privacy Law?

The expected benefits of “big data” for citizens, government and business alike have led to a strong policy push for a new data sharing law.

We understand the opportunities and challenges faced by both established companies and start-up businesses. We work closely with our clients and can offer them our decades of experience in working across various industries and in different markets.

We work with established businesses as well as start-ups, in both mature and emerging markets.

Each incumbent and start-up has its own particular opportunities and challenges. We are well-placed to assist: our team has decades of experience in advising clients in regulated industries like banking and financial services, telecommunications, and the energy and water industry, often working as part of a multidisciplinary team together with IT and risk professionals. We work closely with start-ups and appreciate the difficulties and costs faced by ‘first movers’ in regulated environments.

Our service is flexible and user friendly. We can assist with ‘whole of business’ regulatory change for large clients, as well as with more limited mandates for smaller clients and start-ups.

In addition to regulatory advice, documentation, applications and approvals, we add value in the drafting and negotiation of commercial contracts – allocating rights and responsibilities in regulated environments. These contracts include those between data sources and data recipients in a data sharing or open banking environment, and those between payment system participants.

Expertise

  • ‘Anti-Money Laundering and Counter Terrorism Financing Regulation’
  • Blockchain Regulation
  • Consumer Data Rights and Open Banking

  • Credit Reporting Regulation

  • Cryptocurrency Regulation

  • Data Breach Notifications

  • Financial Services Regulation, Banking Regulation and Prudential Regulation

  • Fintech – New Products and Regulation

  • Initial Coin Offerings

  • Payment Product Systems

  • Privacy

  • Spam and Do Not Call Regulation

  • Surveillance Devices Regulation

EXAMPLES

  • Preparing documentation packages for financiers for new products, including those offered via electronic platforms
  • Advising commercial financiers on responsible lending and unfair contract term issues
  • Advising a leading international fintech company on regulatory issues in the Australian market, in relation to data sharing and open banking
  • Advising start-ups and international entrants to the Australian market on a range of blockchain-related regulatory issues, including enrolment and registration with AUSTRAC and financial services licensing and exemptions
  • Assisting an ASX listed Australian company with an AML/CTF Act exemption
  • Advising an APRA-regulated entity on exemptions under the Banking Act
  • Reviewing and amending the AML/CTF Programs for several clients, including an APRA-registered entity
  • Advising a leading Australian retailer on anti-bribery and corruption compliance
  • Advising Australian public and private companies on data breach incidents, the management of data breach notifications and other privacy and data protection issues, including the impact of the EU GDPR on Australian companies.

Our People

David Kreltszheim

SPECIAL COUNSEL, MELBOURNE

Paul Agnew

PARTNER, BRISBANE

Lesley Naik

SENIOR ASSOCIATE, MELBOURNE

Charlotte Nielsen

CONSULTANT, BRISBANE