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Spam Act: commercial v factual messagesPosted on 20 March 2019In this practical guidance article, we look at the distinction between commercial and factual messages under the Spam Act. -
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ACMA Regulatory Priorities 2019Posted on 20 March 2019We review the Australian Communications & Media Authority (ACMA) list of regulatory priorities for the 2018 – 2019 period. -
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Regulatory round-up: March 2019Posted on 20 March 2019Australia faces additional changes to its privacy regime on multiple fronts in 2019. We consider this and more in our latest regulatory round-up. -
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NSW Gratuitous LotteriesPosted on 20 March 2019In this article, we take a look at when organisations may be able to undertake a gratuitous lottery and what rules may apply. -
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The Digital Platforms Inquiry - March 2019 UpdatePosted on 20 March 2019ADMA recently joined other industry leaders for a Privacy Roundtable with the ACCC and OAIC to discuss Inquiry’s Preliminary Report. -
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They’re (probably) not going to take it, anymore…Posted on 14 February 2019Clive Palmer is no stranger to controversy, but his latest political campaign has landed him in hot water – in more ways than one… -
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The Digital Platform Inquiry – in a nutshellPosted on 14 February 2019The ACCC Digital Platform Inquiry’s Preliminary Report covers a lot of ground. In the interests of brevity (and sanity) ADMA has prepared a summary of key points for your reference. -
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The Permits Matrix and Trade Promotion Lotteries in 2019Posted on 14 February 2019ADMA has compiled a handy matrix showing if, and when, TPL permits are required in the various Australia States and Territories. -
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Regulatory round-up: February 2019Posted on 14 February 2019Australia faces additional changes to its privacy regime on multiple fronts in 2019. Flying somewhat under the radar is Australia’s implementation of APEC’s Cross Border Privacy Rules System. We consider this and more in our latest regulatory round-up. -
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The Consumer Data Right – draft technical standards releasedPosted on 14 February 2019The Consumer Data Right has moved on to its next phase with The Treasury announcing on 5 November 2018 that the Working Draft of the technical standards has been published. -
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Regulatory round-up: October 2018Posted on 16 October 2018Not surprisingly, data remains the regulatory focus as we bring you updates on the Data Sharing & Release legislation, the Consumer Data Right, My Health Record and Commonwealth gift card laws.
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The Consumer Data Right is coming – ready, or notPosted on 16 October 2018The Consumer Data Rights is coming both Treasury and the Australian Competition & Consumer Commission have been conducting multiple rounds of consultations in preparation for its rollout on 1 July 2019. We bring you the latest on the consultation process. -
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Spotlight on data breaches in the banking sectorPosted on 19 September 2018Banks are staple news fare, now more so than ever thanks to the Royal Commission. Aside from lending practices, fees and charges, the banks have also come under scrutiny again recently, this time in relation to privacy and data breaches. -
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Regulatory round up: September 2018Posted on 18 September 2018This month we bring you an update on the Data Sharing & Release legislation and Consumer Data Rights consultations and an overview of the amendments to the Australian Consumer Law, increasing penalty provisions.
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Don’t let the fine print scare away your customersPosted on 18 September 2018A recent report by the Consumer Policy Research Centre is a timely reminder that compliance with the law is not enough. Best practices necessitates a customer-centric approach to both compliance and operations. The report contains a number of insights into consumer sentiment that can inform this approach. -
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Australian Digital Council meets for first timePosted on 18 September 2018The Australian Digital Council (ADC) held its inaugural meeting on 14 September 2018 in Sydney. With Australia’s new Prime Minister - the Hon Scott Morrison MP opening the meeting, the Council represents an opportunity for collaboration and innovation in the digital space. -
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Thunder Road appeal upheld – descriptive terms found not to be misleadingPosted on 18 September 2018The recent decision of the Full Court of the Australian Federal Court in relation to an appeal by Stone & Wood brewery against rival Thunder Road, highlights the danger of using vague descriptive terms in branding and advertising. -
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Manipulating online reviews. Saving face in the short run, costly in the long runPosted on 23 August 2018The Federal Court found that between November 2014 and October 2015 Meriton took steps to prevent guests who it felt would post unfavourable reviews from receiving Trip Advisors ‘Review Express’ email in a practice known as ‘Masking’. -
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ACCC takes the first step toward the Consumer Data RightPosted on 23 August 2018The Australian Competition and Consumer Commission (ACCC) and Treasury have asked for consultation on a number of significant developments regarding the Consumer Data Right and its application in Open Banking. -
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Commonwealth moves to amend gift card lawsPosted on 23 August 2018Late on Thursday 26 July the Commonwealth government quietly opened its consultation seeking feedback on the Competition and Consumer Amendment (Gift Cards) Bill 2018 (the Bill) and ancillary materials. -
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The latest Notifiable Data Breach statistics are in – what can we learn from them?Posted on 23 August 2018On the 31st July 2018 the Office of the Australian Information Commissioner (OAIC) issued its second quarterly statistics report on Notifiable Data Breaches. This report is the first that covers figures for an entire quarter there is an understandable increase in the number of breaches reported. -
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On the record about My Health Record – the latest in the ongoing debatePosted on 23 August 2018On the record about My Health Record – the latest in the ongoing debate. -
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ADMA Code of Practice 2018 releasedPosted on 13 February 2018In order to reflect the constantly changing marketing landscape, the ADMA Code Authority updated its Code of Practice. Read more... -
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Data Breaches Eligible Data Breaches and Serious HarmPosted on 12 February 2018This resource explains and outlines some key terms and concepts of the Notifiable Data Breaches Scheme -
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Consumer guarantees - Which ones apply?Posted on 11 February 2018Download ADMA's handy Consumer Guarantees flowchart. -
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Consumer Guarantees: not optional - guaranteed!Posted on 11 February 2018With a significant increase in customer complaints about businesses failing to offer or provide solutions to faulty products or unsatisfactory services, it’s time to brush up on our knowledge of consumer guarantees. -
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Notifiable Data Breaches Response PlanPosted on 09 February 2018Do you have a plan in place in case of a data breach? You probably should. Fear not, we’ve put one together for you. You’re welcome. -
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Notifiable Data Breaches (NDB) Scheme - Tools and resourcesPosted on 09 February 2018From the 22 February the new Notifiable Data Breaches Scheme will change your obligations about reporting eligible data breaches. We’ve pulled together some tools and resources to help you navigated through the changes. -
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Regulatory complexity causes trouble for Australian businessesPosted on 14 December 2017Industry practice and regulatory interpretations do not necessarily align when it comes to the Spam Act 2003, resulting in confusion and in some cases, fines – as was the case for customer acquisition agency, Upside.Digital. -
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Australia to participate in APEC Cross Border Privacy RulesPosted on 14 December 2017The APEC Cross order Privacy Rules (CBPR) System facilitates the flow of personal information across borders and was developed by participating APEC economies. -
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ADMA joins the Coalition for Better AdsPosted on 13 December 2017The Coalition for Better Ads, which leverages consumer insights and cross-industry expertise to develop and implement new global standards for online advertising. -
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Review your gift cards stock now – new laws to commence in March 2018Posted on 12 December 2017The new laws that will force NSW businesses to extend their gift card expiry date to three years or face fines will comment in March 2018. -
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More context needed around industry compliance in ACMA Quarterly ReportPosted on 11 December 2017The latest Australian Communications and Media Authority (ACMA) Quarterly Report on Action on Unsolicited Communications indicates that the marketing and advertising industry is overwhelmingly compliant however the report is missing context, which is key to understanding industry compliance. -
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No means no: Why you need to take unsubscribes seriouslyPosted on 15 November 2017It's time to take unsubscribes seriously. -
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Customer reviews: the good, the bad and the uglyPosted on 15 November 2017Good reviews can drive customers, bad ones can deter them. But what happens when a brand tries to take control? -
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New gift card laws for NSWPosted on 14 November 2017ADMA recently met with the NSW Government to raise industry-wide concern regarding new gift card laws announced recently. -
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ADMA Government Relations Advisory Committee to discuss Australia’s Digital Economy StrategyPosted on 14 November 2017ADMA's newly established Government Relations Advisory Committee will get together to discuss and advise on the development of the Australian Government's Digital Economy Strategy. -
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ACMA considers industry self-regulation for spam and Do Not Call RegisterPosted on 14 November 2017The Australian Communications and Media Authority (ACMA) has been in discussions with ADMA and other industry bodies about self-regulating some of the Authority's functions.
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NSW set to get new gift card laws following selective consultationPosted on 05 October 2017 -
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New Government Relations Advisory CommitteePosted on 05 October 2017Be part of ADMA's new Government Relations Advisory Committee to ensure industry views are represented to Government. -
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Three lessons from the same sex marriage campaignsPosted on 05 October 2017Campaigns from both sides of the same sex marriage debate caused a bit of controversy over their use of SMS and robocalls. But are their tactics legal? -
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How to prepare your non-EU business for the GDPRPosted on 19 September 2017Think the European GDPR doesn't affect businesses in Australia? Think again. -
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Consumers value trust over conveniencePosted on 19 September 2017 -
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No escaping $50,000 penalty for false and misleading claimsPosted on 19 September 2017The Australian Competition and Consumer Commission (ACCC) is paying close attention to false and/or misleading conduct, including claims and impressions this year. Read more... -
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What you need to know about running a competitionPosted on 19 September 2017Planning a competition? Read all you need to know before you start! -
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Red Tape to be cut for Competitions and Trade PromotionsPosted on 19 September 2017On 12 September 2017, the NSW Department of Industry – Gaming and Lotteries (NSW Department of Industry) announced that new laws for competitions will go before Parliament later this year. Read more. -
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Excessive surcharges banned for all businessesPosted on 19 September 2017If you pass on your costs for payment processing to your customers, this ban affects you and you may need to make some adjustments. -
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Government increases penalties for failure to comply with Privacy Act and Spam ActPosted on 08 August 2017As of 1 July 2017, penalty units under Commonwealth law increased from $180 per unit to $210 per unit. Find out what this means for you. -
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We would like your thoughts on the APEC Cross Border Privacy RulesPosted on 08 August 2017The APEC Cross Border Privacy Rules (CBPR) system provides a mechanism to facilitate the flow of personal information across borders. -
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Draft APS Privacy Governance Code revealed – comments invitedPosted on 08 August 2017The Office of the Australian Information Commissioner (OAIC) announced the release of its Draft Australian Public Service (APS) Privacy Governance Code. -
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Washing fees under the DNCR increase by 42 per centPosted on 08 August 2017Increased 'washing' fees for the Do Not Call Register -
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OAIC publishes guidance for Australian businesses on the European Privacy lawsPosted on 27 June 2017Learn how the General European Data Protection Regulation (GDPR) will affect Australian business. -
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Australia and Canada unite to fight spam and unsolicited marketingPosted on 27 June 2017ACMA and its Canadian counterpart, the Canadian Radio-television and Telecommunication Commission (CRTC) have united to combat unwanted telemarketing and e-marketing.
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OIAC Draft Guidelines for Mandatory Data Breach SchemePosted on 27 June 2017The Office of the Australian Information Commissioner (OAIC) has released business resources for the new Notifiable Data Breaches (NDB) scheme set to commence in 2018. -
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Productivity Commission’s report proposes overhaul of data FrameworkPosted on 15 May 2017The Productivity Commission’s final report into Data Availability and Use was released recently, urging Australian businesses to prepare for a data economy. The report proposes a complete overhaul of the data Framework, including the creation of a new Comprehensive Right for consumers and SMEs and a new structure for the sharing and release of data. -
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Privacy Awareness Week 2017Posted on 15 May 2017Privacy Awareness Week is on from 15 to 19 May this year with a focus on trust and transparency. -
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Federal Budget 2017: Customer data and sporting ads banPosted on 15 May 2017The release of the 2017 Federal Budget revealed a number of significant changes affecting the banking sector and broadcasters. A new “open banking” scheme will see banks forced to share consumer data and a ban on betting ads during live sports events aim to combat gambling problems. -
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Privacy Amendment Notifiable Data Breaches Bill 2016 – Q&APosted on 12 April 2017All your questions answered about the Privacy Amendment Notifiable Data Breaches Bill 2017. -
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ACCC cracks down on misleading behaviourPosted on 12 April 2017The Australian Competition and Consumer Commission (ACCC) has slammed large companies for treating customers badly. The Commission will now be focusing on three particular areas to address the issue. -
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Privacy vs convenience: a ‘smart’ trade-off?Posted on 12 April 2017We live in the era of convenience – smart devices and the Internet of Things (IoT) make consumers’ lives so much easier and more convenient. But at what cost? -
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Code Authority gets new ChairPosted on 14 March 2017The ADMA Code Authority has recently named Christopher Zinn as Chair of the independent marketing complaints review body. -
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ACCC names key enforcement and compliance priorities for 2017Posted on 14 March 2017Rod Sims, Chairman of the Australian Competition and Consumer Commission, launched the ACCC’s 2017 Compliance and Enforcement policy, which outlines their enforcement and compliance priorities this year – which could affect marketers. -
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Making sense of the Privacy Act AmendmentsPosted on 14 March 2017Recent amendments to the Privacy Act will result in significant changes and affect businesses across the country. For more information read more. -
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Privacy, metadata and the new landscapePosted on 15 February 2017On 19 January the Federal Court of Australia handed down its long-awaited decision in the Privacy Commissioner’s submission: Grubb vs Telstra. -
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How to: 5 top tips for handling consumer informationPosted on 15 February 2017Australian consumers are realising the importance data plays in their everyday lives - as marketers, it's critical that we handle consumer information with care. Read on... -
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Privacy amendment passesPosted on 15 February 2017On Monday 13 February, the Privacy Amendment (Notifiable Data Breaches) Bill 2016, passed in the Senate with support from both sides of the aisle. Learn what this means to data-driven businesses in Australia -
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ACMA submission - 2017 Telemarketing ChangesPosted on 20 December 2016Read ADMA's December 2016 submission to ACMA on remaking Telemarketing and Research Industry Standard 2007. -
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Marketers! European Data Protection Laws explainedPosted on 14 December 2016In recent months there has been much talk about the changes to the European Data Protection legislation and how it will impact marketers around the globe. Importantly, it extends far beyond to any organisations that hold data about individuals based in Europe. -
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Re-identification and the Privacy CommissionerPosted on 14 December 2016One of the hot topics in the space race of data – amongst a plethora of them – is the issue of re-identification of anonymised data. -
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Telemarketing standards under reviewPosted on 14 December 2016For organisations involved in telemarketing there are guidelines around how they should interact with consumers. ADMA has been asked to contribute to the changes around Telemarketing and Research Industry Standard. -
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Privacy amendments in the airPosted on 14 December 2016 -
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Be Quick! Opt-out by 25 SeptemberPosted on 21 September 2016Mega-messaging app WhatsApp has one billion users around the world and is making changes to its privacy paradigm. Read about what this means for you.... -
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Greater privacy with world-first data marketplacePosted on 21 September 2016As consumers, many of us would be staggered to discover how much de-identified data is exchanged online between companies, with the trail often ending with us as offers and opportunities. -
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The Consequences of the Brexit - Pains for marketersPosted on 21 September 2016As Britons roused on the morning following the vote, now known as Brexit some marketers may have already been awoken from their slumber with a significant jolt. -
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Privacy commissioner condemns Ashley MadisonPosted on 21 September 2016No stranger to condemnation, particularly by the lost and lonely in the wake of their 2015 hack, Avid Life Media’s Ashley Madison organisation has copped a serious slap... -
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Individuation: Re-thinking the scope of privacy lawsPosted on 21 September 2016When does information become personal information – therefore subject to the Privacy Act, and when is it not? -
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Census 2016 – privacy, DOS and the hack that wasn’tPosted on 23 August 2016Many reading this will have been frustrated by the attacks on August 9, yet in a subsequent initial investigation, Privacy Commissioner Timothy Pilgrim concluded that the Chief Australian Statistician David Kalisch, took a “pro-privacy precaution” when he shut down the online Census form. -
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Productivity commission on data availability – submission madePosted on 23 August 2016This month we bring you an update on the future of key regulators, the OAIC and the ACMA both of which have been subject to scrutiny over the last 12 months. -
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Big data: A charge for changePosted on 23 August 2016For the last decade, several studies have proven the ability exists to re-identify individuals from previously thought anonymous big data, it appears to be gaining ground and the potential ramifications for marketers are huge.
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Here you will find all the latest regulatory & compliance news.