Technology Law and Digital Law

As organisations increasingly rely on AI and digital technologies, the volume of personal information being collected and managed continues to grow. This article examines five critical areas where Australian businesses can strengthen privacy practices and build trust through proper assessments, transparent workplace surveillance, effective breach response, complaint handling, and careful reliance on legal exceptions.

International cybersecurity authorities have released comprehensive guidance on the secure deployment of agentic AI systems, which autonomously reason, plan and execute actions with limited human intervention. The guide addresses critical security risks including inherited LLM vulnerabilities, expanded attack surfaces, and reduced accountability, while recommending organizations embed security controls from the outset and adopt a progressive deployment approach starting with lower-risk tasks.

Australia has introduced a prioritisation framework for data centre and AI compute projects through Commonwealth Expectations that will influence regulatory approvals and project sequencing.

The general rule is that a business cannot send unsolicited emails to market, sell, and promote their goods and services.

"Statement Expectations" sets out ACMA views on the minimum requirements needed to comply with the Spam Act.

This heavy penalty was a reminder to all businesses to ensure that their marketing complies with regulations.

APRA has published a letter to industry calling for a step-change in how banks, insurers and superannuation trustees manage and govern AI-related risks.

From 1 July 2026, Australian real estate businesses that broker, sell or transfer property may be required to enrol with AUSTRAC, implement a written AML/CTF programme and conduct customer due diligence before providing designated services

The Corporations Amendment (Digital Assets Framework) Bill 2025 (Cth) (the Bill) marks a significant step in bridging digital asset intermediaries within Australia’s financial services regime.

New South Wales has introduced Australia's first express statutory duty directed at digital work systems, including algorithmic work allocation, performance metrics and worker surveillance. The Work Health and Safety Amendment (Digital Work Systems) Act 2026 requires NSW Government agencies to proactively assess and manage risks arising from AI, algorithms and automated platforms used to allocate work.

On 12 May 2026, AUSTRAC released updated risk snapshots of money laundering (ML), terrorism financing (TF) and proliferation financing (PF) threats influencing Australia’s ML, TF and PF environment.

Welcome to our litigation know-how update, where you will find the latest developments on commercial litigation topics from HSF Kramer’s Australian practice.