GDPR from Down Under: an Australian Perspective
July 1, 2018 Legal newsaustralia, data protection legislation comparison, GDPRPaola Sangiovanni
We have interviewed Dr. Peytee Grusche, special counsel at the Australian law firm Russell Kennedy, to ask about her view on GDPR. Peytee assists clients in the areas of research and development, commercialisation of intellectual property, patent, trade mark and design registration and enforcement.
Do Australian companies care about GDPR, and why?
Yes, Australian companies do care about the GDPR if they have an establishment in the European Union (EU), if they offer goods and services in the EU, or if they monitor the behaviours of individuals in the EU. Also, if Australian businesses are recipients of personal data, then they will be caught by the provisions of the GDPR.
Have you seen significant compliance efforts?
We have had clients request advice on their privacy policies in order to update them to include compliance with the GDPR. In particular, where AU businesses are recipients of personal data advice, on standard data protection clauses and binding corporate rules. Also, we have received instructions for advice on compliance with GDPR in respect of direct marketing practices (mailouts, newsletters etc).
How would you compare the GDPR to Australian data protection legislation?
The GDPR and the Australian Privacy Act 1988 have much in common including the requirement to show that businesses comply with the privacy principles. However, there are some differences under the GDPR which do not appear in the Australian Privacy Act 1988 including a number of rights for individuals.
Under the GDPR, individuals have the rights to erasure, right to data portability and right to restriction of processing. The Australian Privacy Act does not include the equivalent rights to these new rights. However, it specifies that business must take reasonable steps to destroy or de-identify personal information that is no longer needed for a permitted purpose. Additionally, where access is given to an individual's personal information, it must generally be given in the manner requested by the individual.
What is the preferred strategy of Australian companies who face different standards in data protection legislations around the world?
In our experience, Australian companies will try to comply by adopting an appropriate privacy policy and/or by contractual provisions to include provisions relating to relevant countries.
Thank you, Peytee!