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Weathering the Storm: Cybersecurity and managing information in the wake of the Optus & Medibank privacy data breaches
03 Feb 2023
Ellie Khor
AssociateHistorically, businesses have kept documents to 'be on the safe side'. But, as we now see in the wake of last year’s Optus and Medibank data breaches, this approach is not without…...
Read moreBuy Now Pay Later reforms have commenced: what does this mean for you?
04 Aug 2025
Katherine Temple
Special CounselBuy Now Pay Later (BNPL) providers are now regulated under the National Consumer Credit Protection Act 2009 (National Credit Act).[1] So, what do these reforms mean for the BNPL industry?…...
Read moreYou’ve just suffered a ‘cyber’ incident – What are the legal risks?
02 Apr 2024
Jesse Vermiglio
PartnerAsk Optus. Its 14-hour national outage on 8 November 2023 led to a Parliamentary inquiry, the resignation of its then CEO, and loss of trust across the market. While it…...
Read moreThe big issue with issuing – Can it be done without holding an AFSL?
30 Jun 2025
David Court
PartnerUnder the financial services laws, a person that carries on a financial services business must hold an AFSL covering the provision of those services, unless an exemption applies. Issuing a…...
Read moreASIC’s Product Intervention Power – How does it work?
01 Dec 2020
Rachel Erlich
Special CounselSince 6 April 2019, ASIC has had the power to proactively intervene in relation to a financial or credit product (“product”) or class of products to reduce the risk of…...
Read moreRegulation and risk collide: managing information as an AFS licensee
01 May 2023
Samantha Hills
PartnerWith the recent spate of data breaches now extending to the financial services industry, Australian financial services licensees are racing to ensure that their information management procedures are up to…...
Read moreCurrent ASIC trends in AFSL and ACL applications and variations
05 Jul 2019
Frank Varga
Head of LicensingSome of you reading may already hold a licence issued by ASIC, be it an AFSL, an ACL or both. If you’re not looking to set up a new business…...
Read moreWho’s in control? Changes of control to a licensed entity and your obligations
05 Jun 2025
David Court
PartnerIn this article, we examine the obligation of AFSL holders and credit licensees to determine whether there has been a change of control in their entity, and subsequently report any…...
Read moreASIC’s enforcement priorities in design and distribution: What we know from recent stop orders and Federal Court decisions
12 Nov 2024
Michael Mavromatis
PartnerReceiving a stop order or Federal Court claim relating to a licensee’s product design is extremely stressful for licensees. We should know! We have helped numerous licensees lift interim stop…...
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