Technology and Digital Economy

Rapid advancements in computing power, artificial intelligence (AI) and data analytics have shaped modern commerce and enabled unparalleled innovation. Technology has also changed the legal landscape. Success in this rapidly evolving landscape demands not only the adoption of new technologies but also staying across ever-changing regulatory and other legal considerations. Our Technology and Digital Economy lawyers offer deep industry and legal expertise to technology sector clients and assists with technology transactions and matters.

Whether you are a start-up, an established technology company, a business being transformed by technology or an investor, our team can assist. We have expertise in a variety of technology-based transactions and we can draw on our experts throughout the firm to provide the advice and assistance you need.

Our team not only understands the technology sector but also possess the legal expertise to capitalise on opportunities, mitigate potential risks effectively and provide the outcome that you are after. Our guidance ensures that you not only comply with the law but also optimise your business strategies for success in a complex and evolving landscape.

We regularly advise clients on a wide range of technology, digital and data related projects and issues including:

• technology contracting, including data rights agreements, licence agreements, commercialisation and development agreements, outsourcing agreements, technology service agreements and SaaS agreements;
• corporate transactions for technology sector clients, including mergers and acquisitions, capital raisings (including IPOs and placements) and joint ventures;
• intellectual property advice, structing, protection, enforcement and licensing;
• cyber risk assessments and incident response and management services;
• data privacy and data security;
• technology related litigation; and
• regulatory and compliance matters to technology sector clients.

AI is reshaping the business world as more companies seek to incorporate AI into their operations, products, and services. We recognise the enormous potential of AI to transform business. We also understand that the regulatory framework for AI is rapidly developing. 

We have substantial experience in acting for clients developing and using AI. We have advised clients on AI usage policies, cyber risk assessment frameworks, the implications of acquiring an online AI software platform to manage operational functions, and the legality of the use of AI software in relation to privacy legislation. We have also aided AI procurements, including advising on vendor compliance, automated decision-making frameworks, and negotiated AI purchase agreements.

We have extensive experience providing strategic support to clients undertaking enterprise IT projects. We have drafted and negotiated technology procurement agreements and assisted in negotiations with major vendors, including multinational IT corporations, international cloud computing companies, a Japanese telecommunications company, and an American cloud-based software company. We assist with all aspects of enterprise IT projects, including tendering/RFP approaches, negotiating strategy development, advice on potential regulatory issues, contract preparation and negotiation and advice on disputes. 

With experience acting for both technology vendors and customers, our team have well rounded industry knowledge. Our capability in this area includes drafting, advising clients and assisting with negotiations on a range of technology contracts, including Master Service Agreements (MSAs), Infrastructure as a Service (IaaS) agreements, Platform as a Service (PaaS) agreements, technology service agreements, IT project implementation agreements, software licence agreements, software development agreements, e-commerce platform agreements, vehicle telematics agreements and drafting agreements relating to the commercialisation of patented technology.

Our team of technology law experts also include specialists in medical technology transactions. We regularly advise biotechnology companies on commercialisation and capital raising and we have expertise in advising international companies entering into the Australian market, acquiring Australian pharma, medical device, biotechnology, lifesciences and hospital companies or joint ventures with private health insurance companies.

Technology mergers and acquisitions play a vital role for companies aiming to improve their technological capabilities, expand their market presence, or gain a competitive edge. These transactions can lead to significant shifts in industry standards, consumer choices and regulatory landscapes. 

We bring expertise in technology mergers and acquisitions, joint ventures, private equity, foreign investment and corporate law, as well as extensive experience with international clients. 

Our experience includes acting for a multinational engineering and technology company on its investment by way of equity and debt instruments in an Australian agtech business, acting for a data networking and security company in its acquisition by an Australian telecommunications company, advising an international automated warehouse operation company on its acquisition of 100% equity ownership of an Australian service provider, and advising a public company on its merger with a cyber security not-for-profit organisation. 

We understand how important your data, systems and networks are and the consequences a breach of security may have on your business, operations and reputation.

We regularly advise clients on all aspects of cybersecurity, including undertaking front-end risk assessments, data retention policies, triaging cyber incidents or data breaches, providing detection and protection services, and providing incident response and management services. 

Our experience includes advising publicly listed companies in relation to ransomware and data breach incidents, advising on obligations under the Notifiable Data Breaches Scheme set out in privacy legislation, advising on data protection regulatory investigations, and on the legality of paying a ransom under Australian law. We have also been involved in managing forensic investigations into data incidents, including data access and exfiltration issues that arise during ransomware and business email compromise incidents. 

We have deep familiarity with the complex legal landscape in which defence and security companies operate, including anti-corruption laws. We also have deep familiarity with the geopolitical risks and concerns facing defence companies and the need for strong security partnerships aimed at enhancing technological collaboration with government and local companies. 

We have a national team who are at the forefront of defence and security. We assist our clients on matters relating to technology and international security, including on subcontracts for the development and manufacture of a secure communications network, and advising on risk associated with naval procurements. 

We assist clients on the full range of privacy and data privacy issues, including regulatory and compliance obligations, cloud and outsourcing arrangements, privacy impact assessments, complaints for breaches of privacy and access to information requests. 

We can advise on online privacy and terms and conditions, privacy policies, compliance with Australian data protection laws, cross-border transfer of data, privacy complaints to data protection regulators, data breach response plans, software licensing, privacy impact assessments, management and employee training programs, privacy breach complaints, data transfer deeds and access to information requests, preparing submissions and responses to the Office of the Australian Information Commissioner (OAIC) and advice on compliance with changes to privacy laws.

Businesses are increasingly looking at energy technologies to support the transition from fossil fuels to renewable energy sources. These technologies include tools, systems and processes to more efficiently produce, store, manage and distribute energy more efficiently and sustainably.

We have extensive experience in energy tech. We regularly act for start-ups, electricity distributors, water companies, electricity and gas transmission providers, gas distributors, and telecommunications companies as well as investors in transactions in energy technology companies. 

Our experience includes advising on consumer data right legislation relating to energy retailers, acting for developers of renewable energy projects in relation to finance and construction, advising on the commercialisation of solar technology and regulatory requirements under the National Electricity Rules. 

Advanced manufacturing plays a critical role in the development and commercialisation of new technologies. With on demand production of parts, advanced manufacturing reduces reliance on supply chains, allows for the customised production of specialised equipment, and the use of composite materials with superior durability and strength. These advanced manufacturing techniques are critical to many clients and industries, including the defence sector, which require specialised machinery. 

We have experience advising advanced manufacturing companies, their customers and suppliers. We have advised on procurement, risk analysis, design and construction contracts, equipment supply agreements, product liability, and regulatory changes to the sector. 

The electronic gaming and esports industry is one of the world’s largest and fastest growing entertainment sectors. Although some of the legal issues associated with electronic gaming and esports are comparable to those faced by traditional sports, electronic gaming and esports can give rise to complex and unique legal issues.

We regularly act for electronic gaming and esports companies, players and investors. We have extensive experience in advising on electronic gaming and esports transactions and on the legal issues associated with the industry including intellectual property, governance and integrity. We have experience advising a company of an Australian female-founded team of game developers, on its US$6.75 million series seed priced equity capital raise round, acting for a leading creative content production company, in the sale of shares, advising on sanctions in the gaming industry, advising a sports video game maker on its €35 million acquisition by a French-based company, and acting for the developers of ‘fantasy sports’ software, including advising on their IT services contracts.

We have one of the leading Blockchain and Fintech practices in Australia. Our practice includes lawyers from our Financial Services and Tax teams. 

We have extensive experience in establishing cryptocurrency funds, technology procurement, licensing. AML/CTF, payments, lending, blockchain technology, cryptocurrencies and digital assets, defi, payments innovation, Web3 innovations, digital currency exchanges, anti-money laundering and counter terrorism financing, Initial Coin Offerings (ICOs), and Security Token Offerings (STOs). We aim to help our clients leverage these technologies to their advantage while mitigating potential legal risks.

We provide various services, including regulatory compliance, licensing, intellectual property protection, contract drafting and negotiation, dispute resolution, tax advice relating to digital assets, fund establishment and more. Our clients include new and established fintech companies (neobanks, payments, lending, blockchain businesses, crypto exchanges cryptocurrencies and digital assets, lending and payment platforms, wealthtech, regtech, insurtech and crowdfunding companies), banks and non-bank lenders, fund managers (including superannuation and investment funds), underwriters and insurers.