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Information Technology-Specific Liabilities 1. Cybersecurity Failures Situation: Failure to exercise reasonable care in protecting digital assets and company data, or in responding to cyber incidents. Potential Penalties: Personal liability for brea...

Core directors’ duties (Corporations Act) Directors’ standard duties of care, diligence, good faith and proper purpose now clearly extend to foreseeable ICT and cyber risks. Failing to ensure adequate cyber, data and IT risk governance can be treated as a bre...

1. Role of the Board in IT Governance Board’s Duty: Ensuring IT decisions align with overall strategy Why It Matters: Poor oversight of IT risks can impact financial health Analogy: IT is to operations as financial controls are to accounting ...

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The Online Safety Act 2021 (Cth) consolidated and expanded Australia's online harms framework, replacing the Enhancing Online Safety Act 2015 to empower the eSafety Commissioner with removal notices for cyber-bullying, image-based abuse, adult cyber-abuse, abh...

The Spam Act 2003 (Cth) prohibits unsolicited commercial electronic messages (CEMs) like emails, SMS, MMS, and IMs with an Australian link, requiring consent, sender ID, and unsubscribe options. Enforced by the Australian Communications and Media Authority (AC...

The Competition and Consumer Act 2010 (CCA) consolidated and renamed the Trade Practices Act 1965, embedding the Australian Consumer Law (ACL) in Schedule 2 while strengthening competition rules. It commenced 1 January 2011, enforced by the ACCC and enforced b...

The Security of Critical Infrastructure Act 2018 (SOCI Act) establishes a regulatory framework to protect assets vital to Australia's national security, economy, and wellbeing across 11 sectors. It commenced 11 July 2018, administered by the Cyber and Infrastr...