Intellectual Property

Data Protection & Privacy

Experienced, practical data protection lawyers

In an increasingly digital world, the value of data has never been greater. Understanding data and the legal issues that can arise is critical to enabling clients to fully harness the power of their data while managing and mitigating the risks.

Our clients can rely on King & Wood Mallesons' full-service team to help manage the risks associated with privacy and data protection issues. With demonstrated capability acting for a wide range of data-rich organisations, we have been at the forefront of regulatory changes relating to data including the development of the consumer data right (CDR), mandatory data breach reporting and other ongoing privacy law reforms.

We give our clients the confidence that they are working with a team which is not only across the latest developments in data protection but is helping to define what those developments are.

Keeping you on top of data protection issues

Working at the forefront of data protection allows us to help clients balance the responsibilities and obligations of data protection and privacy in a proactive manner; helping stay on top of compliance risks and avoid negative consequences with minimum disruption to your business operations.

We advise clients on the interpretation of data protection laws and regulations, and provide practical and forward-looking advice. This includes:

  • Developing privacy compliance programmes (including drafting privacy policies)
  • Reviewing and negotiating contract and deals involving the acquisition, transfer or sale of data
  • Developing notifiable data incident procedures and running responses to national and international notifiable data incidents (including regulator notification)
  • Advising on structures to lawfully collect, use and disclose personal information
  • Implementing transfer mechanisms for cross-border transfer of personal data
  • Assisting with data access requests (including freedom of information)
  • Advising, and implementing, consumer data right programs for data holders, data recipients and other parties within the CDR landscape.

Our experience in data protection is broad reaching across the full spectrum of Australian data protection laws, including the state and federal privacy law, the CDR, telecommunications data, energy data and health data. Further to this, we are at the forefront of influencing data policy, and international developments.

We work with KWM's extensive global network and alongside local overseas firms to present our clients with cross-jurisdictional advices. 

We are active in shaping the regulatory agenda and conversation - the government’s policy on the CDR was based on recommendations by KWM partner Scott Farrell.  We are closely involved in other major law reforms in this area, having advised one of the major digital platforms in connection with the ACCC’s Digital Platforms Inquiry.

Our other experience in data protection law includes:

  • Working with large national and multinational organisations to redesign their data privacy and data protection programs, through the development of privacy policies, data governance plans, associate data management programs, privacy impact assessments and data transfer agreements.
  • Advising a major social media platform on a wide range of privacy-related matters, including on significant law reforms and policy issues in this area, as well as coordinating with a large international network of firms on privacy compliance advice across the APAC region.
  • In collaboration with privacy consultants Galexia, preparing PIAs and privacy advice on the Victorian Department of Health’s COVID-Safe, Woolworths drinks business demerger and Commonwealth Department of Health data matching activities.
  • Advising on the deployment of advanced facial recognition technology in stores, vehicle tracking technology and cross-jurisdictional contact tracing applications.
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