Services

Information and Communications Technology & Digital Law

Who we are

We help organisations transform and navigate complex legal, regulatory and commercial issues relating to technology transactions, critical infrastructure, data security, privacy, consumer data rights, digital marketing and electronic signatures.

All lawyers in our team have senior in-house experience.

We tailor our services and will seek to understand your business before our first consultation. We will be proactive. We will not sit on the fence and will not shy away from making practical, intelligent, and commercial recommendations. This will avoid the need for costly reactive legal problem-solving and dispute resolution down the track.

We are forward thinkers and stay on top of emerging and new technology such as Artificial Intelligence, Quantum, Big Data, and Web 3.0 / 4.0.

With deep knowledge across a range of industries, we provide tailored and pragmatic solutions that combines sophisticated technical expertise with an outcomes-based approach. We focus on the objectives of your organisation, whether that is a strategic need, a commercial imperative, a public priority, or all of these.

Testimonials include:

Dalvin Chien is an impressive and very knowledgeable lawyer in the tech space. What distinguishes him is an incisive attention to detail as well as a commitment to go above and beyond to provide cogent and practical advice promptly, make himself available and ensure that he understands and responds with a clear understanding of the client’s objectives. He negotiates firmly but fairly for his client in matters that are often highly contentious

What we do

Information and Communications Technology transactions

Our team provides advice on the planning stages of technology transactions including procurement design and contracting models and the preparation of request for tender documentation and responses to request for tenders. Our team assists in negotiations of contracts, either as the lead negotiator or in a support capacity. Once executed, we develop the required policies and procedures, and then provide training to support contract managers to comply with the terms of the contract.

Data security

Our team of experts are regularly asked to provide strategic advice on data usage and data security. We have expertise in Privacy legislation, Security of Critical Infrastructure legislation, Consumer Data Rights, Directors’ duties with respect to cyber, and prudential standards such as CPS 231 and CPS 234. Our team of industry leaders is often asked to provide comments on law reform in this space.

Electronic commerce

Our team helps clients navigate the regulatory challenges of a fully digital commercial environment by helping them navigate laws such as electronic transactions legislation, the Spam Act, Do Not Call Register Act and electronic settlements regulation.

Recent projects

  • Leading the transactional deal teams on the procurement by a large national insurer of numerous technology solutions and services to underpin a large-scale digital transformation project.
  • Leading the transactional deal teams on the procurement by a major government agency on the procurement of a range of technology products and services from global and national suppliers.
  • Leading the transactional deal teams on the procurement of technology products and services (including traffic management solutions and ERP solutions) for a major government agency.
  • Advising on and providing data breach coaching assistance for numerous organisations in response to cyber security incidents.
  • Assisting Microsoft with the mapping of the privacy laws of nine jurisdictions against the new ISO 27701 global privacy standard.
  • Assisting emerging and established companies on Blockchain, smart contracts and token/cryptocurrency solutions and advising a new entrant on establishing a multi-jurisdiction asset backed cryptocurrency.
  • Auditing the information handling practices, use of new technologies, privacy and security practices and compliance of a national regulator, State Government and Commonwealth Government agencies and providing practical solutions to address any compliance gaps.
  • Advising a major Australian bank on the information related aspects of the divestment of its wealth businesses to ensure compliance and achieve a practical separation.

Information and Communications Technology transactions

Our team provides advice on the planning stages of technology transactions including procurement design and contracting models and the preparation of request for tender documentation and responses to request for tenders. Our team assists in negotiations of contracts, either as the lead negotiator or in a support capacity. Once executed, we develop the required policies and procedures, and then provide training to support contract managers to comply with the terms of the contract.

We have experience with the full technology spectrum when it comes to technology transactions including systems integration, cloud services, outsourcing, managed services, consulting services, software, support services, and telecommunication services.

We understand the commercial risks and drivers on both sides of technology transactions across a range of industries and markets. On the buy-side, we have acted for Commonwealth, State and Territory Governments, Local Councils and statutory authorities. On the sell-side, we have acted for global and national technology providers.

This gives us valuable insight and helps provide cost efficient legal services by allowing us to identify key risks very early.

We provide our clients solutions in answer to a range of questions, such as:

  • How should I structure my technology transaction?
  • The other side is saying “this is the best they can do” – are they bluffing?
  • Why do the provisions in contract not provide me adequate recourse for service outages and what can I do about this?
  • What provisions do I need in my procurement documents and contract for the issues associated with new technology such as generative artificial intelligence?
  • How do I restructure my contract to deal with data security risk?
  • There seems to be a new standard or set of principles that come into play every year, how should I account for these in my contracts?
  • I want to switch to a different telecommunication supplier, what are some key risks I need to be mindful of and can you help me negotiate both an exit from the incumbent and a new deal with the new provider?

Data security

The digital landscape is the new battleground for organisations when it comes to managing both commercial and reputational risk.

Data and its associated insights (including automated insights when used correctly) have myriad commercial and societal benefits. As recent data breaches have shown us, the need to protect this data, handle it correctly and not retain it for longer than it is needed is crucial. Failure to do this opens an organisation up to fines but also significant commercial and reputational risk.

Our team of experts are regularly asked to provide strategic advice on data usage and data security. We have expertise in Privacy legislation, Security of Critical Infrastructure legislation, Consumer Data Rights, Directors’ duties with respect to cyber, and prudential standards such as CPS 231 and CPS 234. Our team of industry leaders is often asked to provide comments on law reform in this space.

Our team collaborates with our corporate clients to build cyber resilience by leveraging our understanding of the technology sector.

Electronic commerce

Organisations leverage the internet and social media channels to build and grow their business. The COVID-19 pandemic accelerated the adoption of remote working arrangements, electronic signatures, digital currency, and video conferencing.

Our team helps clients navigate the regulatory challenges of a fully digital commercial environment by helping them navigate laws such as electronic transactions legislation, the Spam Act, Do Not Call Register Act and electronic settlements regulation.

We provide our clients solutions in answer to a range of questions, such as:

  • Am I permitted to run all my board meetings virtually?
  • What steps do I need to take to allow my contracts to be signed digitally?
  • How do I obtain to send promotional material electronically?
  • How do I deal with electronic marketing messages to joint or family email accounts?
  • I’ve received a complaint about my electronic marketing practices – what should I do?
  • I am thinking about finally rolling out fully cashless payment facilities in my stores, is this allowed and what terms should I use?
  • What are the interoperability rules for electronic settlements and how do I comply with them?

Key Contacts

Services

Commercial Disputes