It has been a busy month for cyber and privacy regulation in Australia. On the heels of the proposed amendments to the Privacy Act 1988 released just under a month ago (see our summary here), three further draft Bills relating to cyber security were released this week.

The key takeaways from the new Bills

Continue Reading Australia’s Cyber Security Strategy in action – three new draft laws published

Introduction

In its judgement of 04 October 2024 (C-21/23), the European Court of Justice (“ECJ”, “Court”) ruled, that the provisions of Chapter VIII of the GDPR, do not preclude national rules which grant undertakings the right to rely, on the basis of the prohibition of acts of unfair competition

Continue Reading EU: ECJ rules that competitors are entitled to bring an injunction claim based on an infringement of the GDPR.

Introduction

The subject of “legitimate interests” and in particular whether they can be “purely commercial” has been a topic of front and center stage debate in the Netherlands for some time. The Dutch data protection authority (AP) has historically interpreted the concept of legitimate interest narrowly, taking the position that organisations

Continue Reading EU: CJEU Confirms that Legitimate Interests can cover purely commercial interests

In the much anticipated first King’s Speech of the new Labour Government on 17 July 2024, the monarch announced that the long anticipated Cybersecurity and Resilience Bill (CS&R Bill) would be amongst those new laws making their way onto Parliament’s schedule for the next year. Six years on from the implementation of the 

Continue Reading UK: The UK Cybersecurity and Resilience Bill – a different approach to NIS2 or a British sister act?

We previously wrote about proposed changes to the definition of sensitive personal information under a June 2024 draft of the Guide for Sensitive Personal Information Identification (“Guide“). The Guide has now (September 2024) been finalized and issued by the National Information Security Standardization Technical Committee (TC260). Helpfully, it gives organisations greater scope to

Continue Reading China: New definition and guidelines on Sensitive Personal Information now finalised

On 16 September 2024, the UK’s data protection authority, the Information Commissioner’s Office (ICO), issued a reprimand against Sky Betting and Gaming (SkyBet) for unlawfully processing people’s data through advertising cookies without their consent.

Between 10 January and 3 March 2023, SkyBet’s website dropped third-party AdTech cookies to visitors’ browsers before

Continue Reading UK: Data protection authority issues reprimand to gambling operator for unlawfully processing personal data

The EU Data Act is one of the cornerstones of the EU’s Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU’s data economy. Most of the provisions of the Data Act will become applicable as of 12 September 2025. To assist stakeholders in the

Continue Reading EU: Data Act Frequently Asked Questions answered by the EU Commission

Cyber regulation is changing in Australia. As governments globally grapple with the everchanging and increasingly challenging cyber landscape, Australia is poised to implement new laws and update existing regulation in order to enhance Australia’s cyber security and resilience. These changes fall within the framework established by the 2023-2030 Australian Cyber Security Strategy, which aims to

Continue Reading Australia: Anti-scam measures and ransomware reporting on the agenda

The Personal Information Protection Law (“PIPL“) requires a data controller to conduct compliance audits of its personal data processing activities on a regular basis (“Self-supervision Audits“). Apart from such Self-supervision Audits, in case the data regulator finds significant risks involved in a data controller’s processing or where data incidents occur, the

Continue Reading CHINA: Mandatory data protection compliance (self) audits on their way