Blockchain and digital assets

Top four cyber security trends for 2022

After a year when multiple incidents demonstrated the extent of organisations' vulnerability to data breaches and cyber attacks, what cyber security threats can we foresee in 2022?

Cryptocurrencies: Ramping up regulatory pressure

With the resurgence of interest in cryptocurrencies, regulators across the globe are ramping up efforts to bring order to an industry characterised by volatility and poor consumer protection.

Case study: OAIC v Facebook

Proceedings against social media giant Facebook demonstrate that the jurisdiction of the OAIC extends even to companies located predominantly outside of Australia.

Privacy mid-year review: Regulatory activity in 2023

Regulatory activity in the first half of 2023 has included a joint investigation into Latitude Finance by the OAIC and New Zealand's Office of the Privacy Commissioner.

Artificial intelligence: A fractured regulatory environment

Countries around the world have started assessing and implementing regulatory frameworks to manage the risks posed by AI. This update provides a snapshot of the current AI regulatory landscape in Australia, the European Union and the United Kingdom.

FT Innovative Lawyers shortlists Lander & Rogers in five categories

Lander & Rogers is proud to be shortlisted in five categories in the Financial Times Innovative Lawyers Asia Pacific 2023 awards.

Cyber threat: How prepared is your business?

COVID-19 has prompted organisations (including law firms) to fast track technology procurement to mobilise their workforces, bolster online presences and improve supply chain efficiency. Has this rapid uptake also created extra risk?

Lander & Rogers welcomes new TMT partner

Leading contemporary law firm Lander & Rogers has today welcomed partner Lisa Fitzgerald to its corporate group. Lisa brings further strength to the firm's Technology and Digital practice, advising clients on digital transformation, procurement, technology infrastructure and data security.

Crypto court ruling: "Scope" of financial products, authorised representative exemptions and misleading or deceptive conduct

This recent case represents the first time the courts have considered non-cash payment facilities in the crypto-asset context and represents ASIC's increasing scrutiny and prosecution of crypto-asset projects.

New era for merger control in Australia

Australia’s new merger control regime has commenced, with a transitional period now in effect from 1 July 2025. The current voluntary regime remains in place until 31 December 2025, after which it will be replaced by a mandatory notification and clearance process.

Senate report on Australia as a technology and financial centre

In October 2021, the Select Committee on Australia as a Technology and Financial Centre published its final report on the regulation of crypto assets.

Crypto assets regulation in 2023: Insights from Australia and other jurisdictions

It has been a challenging 12 months for crypto assets, with a number of high-profile collapses eroding trust in the sector.

Case study: Clearview AI Inc v Australian Information Commissioner

The recent findings of a review by the Administrative Appeals Tribunal into the practices of facial recognition software service Clearview provide valuable insights into the extra-territorial application of the Privacy Act.

Senate report paves way forward for crypto asset regulation

Australian regulations governing crypto assets and the crypto industry are set to be reformed, with the government announcing plans in response to recommendations set out in the Senate Committee Report on Australia's future as a Technology and Financial Centre.

Blockchain for government: are we there yet?

The emergence of blockchain technology provides vast opportunities, including enhanced efficiency, speed, and data security. But are governments utilising these new improvements? Lander & Rogers' lawyers Robert Neely and Joshua Butler explore how the public sector can benefit from blockchains and why being an early adopter may have its advantages.

Bit by bit, blockchain is coming

You’ve probably heard these buzzwords around the office. You may have even feigned understanding when they were brought up at the last innovation retreat. But what does it all mean? We take a brief look at who's who in the zoo of distributed ledger technology and why, as a lawyer, you should consider caring.

GPT-4: The arrival of multimodal AI and its broader implications on the legal profession

GPT-4 is arguably the most advanced of all AI chatbots to date, with the ability to 'read' and 'interpret' images as well as text. What are its benefits and shortcomings?

Living in Digital Harmony: Immutable Blockchains and the Right to be Forgotten

The Australian Competition and Consumer Commission (ACCC) has recommended reforms to Australia's privacy legislative framework which include the introduction of an erasure right, analogous to the GDPR's 'right to be forgotten'.

Consensus 2019: Legal and Commercial Trends from NY Blockchain Week

Each year in May, the Big Apple is descended upon by bitcoin-traders, cryptographers and emerging technology lawyers for Blockchain Week NYC. The week-long blockchain festival is anchored by 3-day headlining conference, Consensus, held at the Hilton Midtown.

Why should you make privacy your business? Privacy Awareness Week 2025

Lander & Rogers is proud to support Privacy Awareness Week (PAW) 2025, an initiative of the Office of the Australian Information Commissioner (OAIC). This year's theme, 'Privacy – it’s everyone’s business', serves as a reminder that we all have a role to play in promoting good privacy practices and advancing the privacy rights of individuals.

Cyber security year in review: Notable cyber attacks in 2021

2021 saw many organisations exposed as vulnerable to a growing number and range of cyber threats.

Australian federal privacy reform update

Concern in Australia about the power of the major digital media platforms has acted as a catalyst for a full review of Australian privacy law.

Real-life uses of blockchain in business and law

On Tuesday 20th November, clients joined us at YBF Ventures for an engaging discussion on the real-life uses of blockchain in business and law. As well as a panel discussion, we were treated to presentations from two leading experts and distinguished thought leaders in Australia’s blockchain sector — Dr Philippa Ryan and Emma Weston.

Guide to data protection in Australia

The 2021 Terralex Guide to Data Protection features a chapter on privacy laws and regulations in Australia, contributed by Corporate partner, Lisa Fitzgerald.

Lander & Rogers appoints new digital economy partner

Lander & Rogers has welcomed leading digital economy lawyer Matthew McMillan as the newest partner in its Corporate group in Sydney.

Building cyber resilience: Lessons from 2021

The cyber threat landscape has evolved rapidly in 2021. We have seen responsive and malleable cyber attacks, including exploitation of the pandemic environment..

Privacy-enhancing technologies and their role in privacy compliance

What are privacy-enhancing technologies, and how are they relevant to Australian privacy law?

Smart Contracts 101: What the future holds for smart legal contracts

The term 'smart contract' has emerged as a popular buzzword, mingling technology and law, and the ideals of trust, immutability, transparency and security. But what does all that mean in real terms? How are smart contracts actually used? And in what ways might they disrupt our businesses, clients and communities?

Misuse of funds: Regulating crypto custody after the FTX fallout

The Australian Government has indicated its intention to introduce legislation regulating the custody and exchange of digital assets.

Australian privacy law reform update: Privacy Act review

The Australian Government's commitment to privacy law reform in Australia continues, taking another step forward along the privacy law reform path.

Australian privacy law reform update: Online Privacy Bill

The Online Privacy Bill is intended to give effect to the Australian Government's commitment to strengthen the Privacy Act 1988 (Cth).

Cyber security in Australia: Policies, funding and initiatives for the digital economy

Policies, funding and initiatives to promote better cybersecurity and cyber resilience in Australia for the benefit of the digital economy.

Case study: APRA regulatory action against Medibank

On 27 June 2023, the Australian Prudential and Regulation Authority (APRA) announced it would impose on Medibank Private a capital adequacy requirement of $250 million.

What's next for cryptocurrency regulation in Australia in 2023?

The Australian Government has indicated that it intends to introduce legislation to improve regulatory frameworks around cryptocurrency in 2023.

ASIC v Finder Wallet: bringing "debentures" to digital assets

A recent case in the Federal Court of Australia represents the first time the concept of 'debentures' has been considered by Australian courts with respect to cryptocurrencies.

SOCI Act update: Grace period for CIRMP Rules compliance ends soon

From 17 August 2023, responsible entities will be required to have a written CIRMP in place or run the risk of contravening the CIRMP Rules and the SOCI Act.

Ransomware Action Plan: Australian Government takes zero-tolerance approach

On 13 October 2021 the Australian Government released its Ransomware Action Plan. The Plan sets out the Australian Government's strategic approach to tackling the threat posed by ransomware.

A global view of the cyber landscape

Cyber risks know no boundaries and pose a global and national security issue. In order to contextualise the evolving cybersecurity regulatory landscape in Australia, it is important to understand the strategies adopted by other countries including the US, UK, EU and in the Asia-Pacific region.

How is cryptocurrency divided in a divorce or separation?

Family lawyers are seeing an increasing number of settlements featuring digital assets, with cryptocurrencies being the most common form of digital asset.

Insights from the Information Commissioner's investigations into Uber, 7-Eleven and Clearview AI

In 2021, the Office of the Australian Information Commissioner released three determinations in respect of its investigations into the privacy practices of Uber, 7-Eleven and Clearview AI.

Mergers and acquisitions reforms

The Australian Parliament has now passed the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024. Further to our previous legal insight article, this introduces a mandatory notification administrative model for merger reviews in place of the current voluntary and primarily informal and judicially enforced regime. The M&A reforms will take full effect on 1 January 2026 with transitional arrangements beginning on 1 July 2025.

Cyber security in Australia: Passed and pending legislation and changes on the horizon

On 23 June 2021, the Online Safety Act 2021 (Cth) was passed by Parliament and will commence on 23 January 2022. The Act builds upon the existing online regulatory framework established in the Enhancing Online Safety Act 2015 (EOSA) and creates additional compliance obligations.

CPS 234: What chief technology officers need to know about complying with the standard

Managing regulation in an environment where not all parties in your supply chain or outsourcing arrangements are bound by CPS 234, is one of the challenges facing many businesses in implementing this relatively new prudential standard.

Call for law reform to regulate facial recognition technology

The University of Technology Sydney is calling for a model law to regulate the development and deployment of facial recognition technology in Australia.

Digital assets in family law property settlements

Digital assets are becoming more common in family law property settlements.

Privacy Act in review

After two years of extensive consideration and consultation, the Commonwealth Attorney-General's Department released its much-anticipated report on the Privacy Act 1988 (Cth), published 16 February 2023.

Guide to crypto assets in Australia

Robert Neely and Mark Lindfield provide a snapshot of the legal status of crypto assets in Australia, in this guide for Terralex.

Three significant areas of reform proposed in Privacy Act Review

On 16 February 2023 the Attorney-General's Department published the Privacy Act Review: Report 2022, which included three significant areas for reform.