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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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13100 Results

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Articles

Cyber Warfare – Is Attack the Best Form of Defence?

By Rebecca Dunn, Partner, Gilbert + Tobin

This piece examines the increasingly common method of cyber-attacks to conduct “warfare” and diplomatic disruption in the modern world. Because of the threat cyber-attacks represent, the piece stresses the importance of Australia bolstering its cyber defense and countermeasures, so “potentially catastrophic impacts” are limited.

Articles

Reform of Australia’s Critical Infrastructure Laws

By Lesley Sutton, Partner, Mark Ferguson, Lawyer, and Nikhil Shah, Consultant, Gilbert + Tobin

This article provides an overview of the Australian government’s ongoing reforms of laws aimed at protecting the country’s ‘critical infrastructure assets’ and ‘systems of national significance.’ The overview includes an outline of the three key provisions of the Exposure Draft of the Security Legislation Amendment (Critical Infrastructure) Bill 2020, released on 9 November 2020.

Articles

Australia’s Artificial Intelligence (AI) Future: A Call to Action

By Lesley Sutton, Partner, Erin Kirker, Lawyer, and Luke Standen, Lawyer, Gilbert + Tobin

Australia has been criticized in the past for its lack of direction in adopting Artificial Intelligence (AI). However, the Australian government has been working to reinvent its approach to coordinate government policy and national capability to make Australia a leading digital economy within the next decade. This article provides an overview of the steps the government is taking to achieve that objective.

Sample Forms, Policies, and Contracts

Creating an Effective Data Classification Standard

By Greg Forest, CTO, Contoural, Inc.

A Data Classification Standard (DCS) is a document that defines levels of security classification for records and information, and information handling controls for the repositories (systems and media) that contain them. It provides a global, baseline set of security classifications that apply to all content types and repositories. The standard also specifies the minimum set of data-security controls that apply to data in each classification during activities that occur over the life cycle of the data – including identification, storage, retrieval, marking, duplication, transportation, archiving, and deletion.

Articles

Data Privacy in a Data and Algorithm Enabled World

By Peter Leonard, Consultant, Gilbert + Tobin

This article provides an in-depth look at data privacy in the modern world. Specifically, it states that data privacy statutes, the Australian Competition and Consumer Commission's (ACCC’s) Digital Platform Inquiry’s recommendations, and General Data Protection Regulation (GDPR) are insufficient to address issues with data privacy. However, it stresses the need to redraft statutes to protect the rights and interests of individual humans to live without the risk of “excessive intrusion” in order to ameliorate problems with data privacy.

Articles

The Distributed Workforce – The Impact of Vicarious Liability on Data Breaches

By Melissa Fai, Partner, and Jack Corcoran, Lawyer, Gilbert + Tobin

This article provides an analysis of how the Covid-19 pandemic has impacted companies specifically with so many companies having distributed workforces. In particular, the article examines the difficulties of applying vicarious liability to a distributed workforce, specifically with regards to when data breaches take place.

Articles

The Most Important Regulator You May Have Never Heard Of

By Andrew Hii, Partner, and Bryce Craig, Lawyer, Gilbert + Tobin

Because of the increased presence of the internet in everyone’s daily lives, a need has emerged for government authorities to respond to the unique challenges of a digital world. Accordingly, this article provides an overview of the Australia’s eSafety Commissioner, the world’s first regulator dedicated to online safety.

Articles

Is it Possible to “Move Fast and Break Things” Without Compromising Operational Resilience? The European Commission is Trying to Find Out

By Peter Waters, Consultant, Mark Ferguson, Lawyer, and Ethan Huang, Graduate, Gilbert + Tobin

This article provides an overview of the European Commission’s draft Digital Operations Resilience Act (DORA), published in September 2020. DORA was developed to support the twin goals of developing digital finance while mitigated associated risks. The need for DORA came about as result of the unique risks regulators the world over are managing due to the financial industry’s increased digitization and reliance on technology.

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