Data + Privacy

Gilbert + Tobin’s expert lawyers advise on data and privacy. The legal and regulatory environment around these areas is increasingly complex, and phenomena like metadata tracking and the proliferation of data-gathering devices (the so-called ‘internet of things’) raise a great many privacy concerns. Our team is here to help your business navigate this challenging terrain.

    Our Approach

    Our team has extensive experience in commercial contracting and transaction structuring. It also boasts a deep understanding of privacy and data protection rules and norms, as well as thorough knowledge of the evolving intellectual property and competition implications when dealing with data.

    As the number of providers sharing data and their respective data sets increases, the complexities around what information is quarantined and what is shared, and who owns what and can use what, exponentially increase.

    As an emerging field of business. It requires innovative contractual, privacy, reputational and counter-party risk assessment and mitigation. Data-driven businesses require new contract solutions and systems for ensuring that end-to-end (including sub-contracted) processes and procedures are reliable, repeatable and demonstrable. We have structured, negotiated and assisted in the design and implementation of contractual and other risk mitigation measures to facilitate information sharing between entities and improve processes and procedures employed within entities.

    Our Services

    • Thorough legal and regulatory advice across data collection, data protection and data sharing.
    • Advice on the full range of regulatory concerns that can significantly shape contracts and alliances to deal with information and data including payments regulation, KYC/AML requirements and prudential regulation.
    • Detailed advice on establishing innovative structures that can help clients protect commercial-in-confidence customer related information and unique analytics capabilities, while facilitating other data sharing between entities.
    • Advice around competition regulation implications of data sharing. Often sharing is subject to restraints to ensure that the parties that are sharing data do not use that data to compete with the information provider.
    • Assistance with data breach crisis management, law enforcement and other data retention requirements, cloud deployments (including offshore data centres and application-as-a-service), targeted online marketing and social network based marketing, other direct marketing and dealing with regulated audiences such as use of personal information about children and other persons not capable of giving informed consent.
    • Our team also works across ‘business as usual’ privacy and data protection issues across many industry sectors, including electronic health, medical devices, mobile devices, remote monitoring and sensoring, broadband content, gaming and tracking and surveillance.

    G+T is “An Australian leader in digital practice and privacy,” and that the team is comprised of “Outstanding practitioners with a wealth of transactional and regulatory experience on market-leading deals for key industry clients across multiple industries in the public and private sectors…Dedicated to the emerging technologies market, particularly in the cybersecurity and data protection areas.”


    Ranked Band 1 for IT & Telecommunications


    Ranked Tier 1 for IT and Telecommunications


    Referees highlight the quality of the team's relationship management and personal service, and one source comments: "The firm is very patient, understanding, and commercially relevant to a changing environment." 


    Leading directories and clients alike recognise our “distinguished capability in developing areas of the technology industry, including cybersecurity, data and privacy and blockchain projects.” With a "very strong regulatory practice that is excellent in IT contract negotiations." We have "expertise in dealing with strategic, high-risk and high-value IT deals in the telecommunications sector" and its "innovative approach to IT transactions.”