In today’s world, technological innovation and disruption have become the new norms for business. To stay ahead, businesses must embrace change by being agile and innovative.
Our technology clients range from tech start-ups to market-leading multinational technology suppliers. We act for a diverse range of private sector clients, as well as government agencies in the acquisition of technology and digital assets.
The breadth of our legal expertise and our deep industry knowledge adds significant value to our clients operating in this ever-changing and dynamic field.
Our capability includes advising on, and implementing complex cross-border technology-based transactions, assisting tech start-ups through our ‘Frank’ program, acting in complex and high-profile media rights transactions, advising on all aspects of data protection, responding to cyber security incidents, advising on regulatory issues relating to cryptocurrencies and liaising with government and regulators on blockchain and the taxation of digital assets.
At Hall & Wilcox, we live and breathe technology in our day-to-day practice. We embrace the philosophy of delivering Smarter Law, which challenges us to implement technology in the delivery of legal services.
We advise and assist clients on the full suite of technology-related transactions and projects. This includes digital transformation projects, technology service agreements, streaming agreements, cloud, software-as-a-service and infrastructure-as-a-service agreements and transactions, data rights agreements, agile agreements, vehicle telematics solutions, e-commerce platform agreements, mobile app development agreements, telecommunications agreements, software licence agreements and software development agreements and terms and conditions.
Our team regularly advise on structuring and negotiating commercial technology driven or technology based sale and purchase agreements, mergers and acquisitions, capital raising, corporate advisory and board advice, compliance and related regulatory advice.
In 2018, Hall & Wilcox was named a winner in Accenture Legal’s 2018 Outside Counsel Value Award program, which recognises and acknowledges the outstanding contributions of Accenture’s preferred outside counsel firms around the world.
We advise numerous clients on complex, high-value, high-profile and strategically important media rights transactions and major sponsorship agreements.
Our media rights team is ranked in Chambers and Legal 500.
We assist clients on the full range of privacy and data privacy issues affecting commerce, 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 and compliance documents, management and employee training programs, privacy breach complaints 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.
We have developed a comprehensive cyber incident management solution covering the whole life-cycle of cyber security risk, including front-end assessment, detection and protection services, and incident response and management services. HW Rampart is at the forefront of cybersecurity and can protect your business against the serious financial, legal and reputational risks imposed by cybercrime.
Blockchain and Fintech
Globalisation is one of the driving forces behind this digital technology, with consumers, businesses and governments expecting fast, reliable and secure ways of storing and transferring critically important data. Our Financial Services and Tax experts are emerging as one of Australia’s leading teams in the developing Blockchain and Fintech market. We advise on establishing cryptocurrency funds, digital currency exchanges, anti-money laundering and counter terrorism financing, Initial Coin Offerings (ICOs), Security Token Offerings (STOs), online payment and banking systems, tax structures, income tax and GST relating to digital assets.
Powered by Hall & Wilcox, Frank is a dedicated start-up practice that supports entrepreneurs with practical and responsive business solutions.
- Advising a Commonwealth Government-funded not-for-profit health sector client on a major interoperability technology procurement project. Work included drafting and negotiating the IT project agreements, leading negotiations and advising on regulatory compliance matters. We also conducted a Privacy Impact Assessment with respect to the interoperability project and provided related Privacy Act advice. The advice also considered specific and overlapping legislation dealing with health information.
- Advising on the service agreement between a major bank and Samsung for the implementation of the ‘Samsung Pay’ application servicing the bank’s customers. The matter involved reviewing Samsung’s contractual terms and assisting the bank with negotiating any requested key changes.
- Acting in a major digital transformation project for a leading Australian super fund. We acted for the trustee in relation to the drafting of the Master Services Agreement, Statements of Work and related documents and acted as lead negotiators on the transaction.
- Advising a leading telecommunications company on a number of major contract disputes, telecommunications contracts, negotiating a major procurement agreement, developing template contracts and regular secondments to assist with contract negotiations and general legal needs.
- Acting for a global provider of enterprise solutions for omni-channel commerce, headquartered in Germany. We have recently acted in its negotiations with one of the largest listed companies in New Zealand to design, build, implement and maintain an e-commerce platform to support its vertically integrated manufacturing and construction business. We have provided support in negotiating and drafting a suite of documents utilising the SaaS licensing and delivery model for the provision of the customised solution.
- Advising a State government agency on the applicability of the ‘crown use’ provisions of the Copyright Act 1968 (Cth) in respect of a business critical database.
- We assisted one of Australia’s largest health insurers, financial services and aged care providers in relation to the implementation of a whole business software solution covering finance control, optimisation and automation. The matter involved negotiating with a US software as a service provider and its local reseller.
- Acting for a software-as-a-service provider in relation to a major IT automation project for the commercial radio industry between our client and the peak industry body for commercial radio in Australia. We drafted the transaction documents, advised on regulatory matters and acted as lead negotiators.
- Providing tax advice regarding payments that relate to a satellite signal from Hong Kong to Australia, which was ultimately used to transmit live coverage in Australia. This matter involved analysing the royalty withholding tax provisions of the Income Tax Assessment Act 1936 (Cth) to ascertain whether payments are ‘royalties’ and, therefore, subject to royalty withholding tax.
- Acting for a managed investment account provider in relation to a new digital platform with a cloud-based platform administrator. The transaction raised a number of novel regulatory and commercial issues. Further, the service provider being engaged was a start-up that operated a new technology platform with a mix of proprietary and open-source applications, which required careful drafting and escrow arrangements.
- Advising a digital payment provider on whether a cryptocurrency or digital token is a financial product (which requires compliance with licensing and disclosure requirements) or whether the token environment constitutes the operation of a non-cash payment facility.
- Acting for a Fintech fractional interest investment platform in relation to expanding the capability of the platform for investment from property to corporate bonds, securities and other asset classes.
- Advising numerous rights owners in relation to the licensing of their valuable rights and content, both in Australia and other jurisdictions.
- Advising clients on regulatory issues associated with the licensing of media rights.
- Acting for various technology and media clients in relation to the production and commercialisation of unique and valuable content.
- Assisting industry bodies and other clients with submissions in relation to Government reviews and inquiries relating to intellectual property and regulatory issues,
Data Privacy and Cybersecurity
- Assisting organisations dealing with hacking incidents, including hacks to email systems, advising on data breach management and clients’ notification obligations under both the Privacy Act 1988 (Cth) and the European Union General Data Protection Regulation. Due to the urgency of the issues, we offer 24/7 incident management response to the client who had suffered the data breach.
- Advising a Commonwealth Government-funded health organisation on the applicability of privacy laws, including privacy laws relating to health information, on a major regional health interoperability technology project.
- Advising one of Australia’s leading companies on the privacy and data implications relating to collecting and using tracking information and subsequent commercialisation through a data exchange platform.
- Advising one of Australia’s leading retail banks on the disclosure of employee details and operation of the ‘employee records exemption’ under the Privacy Act 1988 (Cth).
- Assisting a recruitment company with managing a data breach following an external attack on their candidate database, including assisting them with submissions to the Office of the Australian Information Commissioner and practical steps to take to minimise further damage.
- Advising on the implications under privacy legislation, workplace surveillance legislation and surveillance devices legislation of the introduction of tracking devices in company-provided motor vehicles.