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About Us - Galexia News
- New Galexia Study: The US Safe Harbor - Fact or Fiction? - December 2008
- Privacy in consumer credit reporting - November 2008
- The ALRC recommendations for Cross Border Transfers - November 2008
- CHOICE publishes Galexia report on consumer protection in the telecommunications industry - October 2008
- Trustmark Schemes Struggle to Protect Privacy - September 2008
- Privacy issues in e-commerce - October 2008
- Asia-Pacific regional privacy options - August 2008
- Australian Law Reform Commission releases final report on Australian privacy laws - August 2008
- Galexia conducts Pacific spam enforcement workshop - July 2008
- Galexia publishes case study on Harmonisation of E-Commerce Legal Infrastructure in ASEAN project - May 2008
- Galexia assists CHOICE with submission on consumer protection in telecommunications - May 2008
- Recruitment - Legal/IT Research Consultant - April 2008
- Automated business in life insurance and electronic commerce - April 2008
- Tenth ASEAN E-Commerce workshop held in Jakarta, Indonesia - March 2008
- Indonesian Parliament passes e-commerce law - March 2008
- Consumer protection in electronic contracts - March 2008
- Galexia completes study of cyberlaw harmonization for UNCTAD Information Economy Report - February 2008
- Galexia assists Eric Bana in a domain name dispute - February 2008
- Galexia hosts Japanese privacy delegation - February 2008
- The privacy implications of China's outsourcing industry - January 2008
- Developments in digital rights management - January 2008
- Galexia provides technical assistance for Indonesian cyberlaw bill - January 2008
- Developments in Asia-Pacific privacy laws in 2007 - January 2008
- Credit reporting submission to the Australian Law Reform Commission's Privacy Review - December 2007
- Galexia Associate Claro Parlade wins Endeavour Fellowship to study privacy law - November 2007
- Jurisdictional and enforcement issues of internet gambling - October 2007
- Galexia assists the NSW RTA with their Document Verification System - October 2007
- Galexia to help develop spam laws in the Pacific - October 2007
- Five new signatories to the UN Convention on the Use of Electronic Communications in International Contracts - October 2007
- Consumer Action Law Centre publish Galexia's Trade Practices Act Public Benefit Report - September 2007
- Galexia meets with Secretary of State to the Ministry of Commerce in Cambodia - September 2007
- Galexia's commentary on the UN Convention on Electronic Contracting documents - September 2007
- Data retention by search engines and Australian privacy law - August 2007
- Land rights in virtual worlds - August 2007
- UN Electronic Communications in International Contracts Convention in Hanover, Germany - August 2007
- Ninth ASEAN E-Commerce workshop held in Siem Reap, Cambodia - August 2007
- Internet and E-commerce Law - August 2007
- OECD issues new Recommendation on Consumer Dispute Resolution and Redress - August 2007
- Galexia presents final digital signature strategy to Law Society of NSW - July 2007
- Galexia writes chapter in Information Economy Report 2007 for UNCTAD - July 2007
- Galexia completes initial PIA for the Department of Defence - June 2007
- OECD issues Recommendation and Guidance on Electronic Authentication - June 2007
- Galexia attends the second APEC Privacy Seminar in Cairns - June 2007
- Review of the EU Directive on Electronic Commerce - June 2007
- Sarah Andrews joins Galexia - June 2007
- Galexia publishes article on recent developments in internet jurisdiction - May 2007
- The Telecommunications (Interception) Amendment Act 2006 - May 2007
- Galexia assists CHOICE with a joint submission to the 2007 Review of the Electronic Funds Transfer (EFT) Code of Conduct to ASIC - May 2007
- Galexia joins AGIMO Identity Management and Authentication Consultancy Services Panel - May 2007
- Eighth ASEAN E-Commerce workshop held in Vientiane, Laos - March 2007
- Galexia undertakes third extension to ASEAN E-Commerce Harmonisation work - April 2007
- Galexia at the Canberra APEC Data Privacy Seminar - January 2007
- Second edition of 'Cyberspace Law: Commentaries and Materials' - January 2007
- Gatekeeper reforms published - October 2006
- Galexia hosts 7th ASEAN Workshop on E-Commerce in Brunei - September 2006
- Online Dispute Resolution - August 2006
- Galexia to help develop the Singapore National Authentication Framework - August 2006
- Galexia provides privacy compliance advice to Fidelity International - August 2006
- Galexia examines best practice privacy management for public registers in Australia - July 2006
- Galexia reviews identity management paper for South Australian Chief Information Officer - July 2006
- Galexia to conduct analysis of e-commerce legal infrastructure in Malaysia - July 2006
- UN Convention on the Use of Electronic Communications in International Contracts comes into force - July 2006
- Sixth ASEAN E-Commerce workshop in Manila - May 2006
- Galexia to help develop the Australian Government e-Authentication Framework for Individuals (AGAFI) - April 2006
- Galexia to help complete the Gatekeeper Public Key Infrastructure Framework for AGIMO - April 2006
- Galexia's article about the UN Convention on Electronic Contracting published in the Computer Law & Security Report - March 2006
- Galexia conducting Preliminary Privacy Impact Assessments (PIAs) on Healthcare Provider Identifier (HPI) and Individual Healthcare Identifier (IHI) for National E-Health Transition Authority (NEHTA) - February 2006
- Galexia to assist in further harmonisation of ASEAN electronic commerce - February 2006
- Galexia publishes case note on WL v La Trobe University case - February 2006
- Galexia publishes plain language guide to cyberlaws - January 2006
- Galexia expands work with Law Society of NSW and Commonwealth Department of Industy, Tourism and Resources (DITR) - January 2006
- Galexia to develop Privacy Impact Assessment (PIA) for Government employees in Australia - January 2006
- AUSTROADS engages Galexia for a risk management framework on national vehicle database - January 2006
- Galexia complete Cyberlaws Survey in ASEAN - January 2006
- Fifth ASEAN E-Commerce harmonisation workshop in Singapore - December 2005
- AGIMO develops out e-Authentication Framework to individuals - December 2005
- Galexia presents at CSIRO Science Policy Workshop - November 2005
- Galexia publishes article on the Montreux Declaration - November 2005
- Galexia to publish article on the UNCITRAL Convention on Electronic Contracting - November 2005
- Recruitment: We are looking for an Office Manager to join our team - August 2005
- CSIRO P-Health Flagship engages Galexia in analysis of privacy and trust issues in the use of health data in research - August 2005
- Galexia commissioned to conduct a survey of ASEAN Cyberlaws - August 2005
- Malaysian Minister announce new E-Commerce Laws at Galexia Workshop - July 2005
- Fourth ASEAN E-Commerce harmonisation workshop in Malaysia - July 2005
- Digital credentials for the legal profession - July 2005
- Presentation at Asia PKI Forum in Singapore - July 2005
- Workshop on 'Privacy Management Strategies for Local Government' - July 2005
- Galexia publishes article on the US Real ID Act - June 2005
- Patient privacy and security - June 2005
- Galexia participates in 2005 Australian Mission to the Asian Development Bank - March 2005
- Biometrics and Privacy - March 2005
- Remaining legal barriers to the use of digital signatures in Australia - March 2005
- Galexia publishes article on PKI Interoperability - February 2005
- Third ASEAN E-Commerce harmonisation workshop in Cambodia - February 2005
- The UN Convention on Electronic Contracting - January 2005
- ASEAN Prioritises E-Commerce Integration - November 2004
- Overview of E-Commerce Legal Infrastructure - October 2004
- Second ASEAN E-Commerce harmonisation workshop in Bangkok - October 2004
- Galexia presented at APEC TEL 30 - September 2004
- Exemptions in the Australian Electronic Transactions Act - September 2004
- Galexia's Commonwealth Endorsed Supplier Arrangement extended to 2007 - August 2004
- Galexia develops and hosts course materials for Electronic Commerce Law - August 2004
- Galexia publishes article on Managing Consent in a Multidisciplinary Team Environment - June 2004
- Galexia at the inaugural Asian Law Institute (ASLI) conference - May 2004
- Galexia presents on Legal and Privacy Issues in e-Government - May 2004
- Galexia holds first workshop on ASEAN e-commerce harmonisation in Singapore - May 2004
- Federal Court injunction obtained under Privacy Act - May 2004
- Committee for Economic Development of Australia (CEDA) - E-Commerce - Pausing for Breath, Maximising Financial Returns & Managing Risks - April 2004
- Galexia to assist ASEAN harmonise electronic commerce - March 2004
- Enhanced data security and customer understanding through identity and access management - March 2004
- Galexia completes a strategic consultancy on a national health identifier for the Commonwealth Department of Health and Ageing - February 2004
- Galexia conference presentation on health identity management - March 2004
- Galexia's Representative Complaints paper to appear in Privacy Law & Policy Review - February 2004
- Baker and McKenzie Cyberspace Law and Policy Centre (CLE Series 2003) - Online contracts: Banking, finance and insurance - December 2003
- Baker and McKenzie Cyberspace Law and Policy Centre (CLE Series 2003) - Privacy Complaints: How to Get a Win for Your Client (Making Privacy Laws Work) - December 2003
- Australian Telecommunications Industry Ombudsman (TIO) Conference - Convergence: Redrawing the Boundaries - December 2003
- Galexia's Privacy Management Strategy (PMS) for New Queensland Smart Card Driver Licence released - September 2003
- Case studies on distributed identity - September 2003
- Privacy class actions - Galexia has published a survey of Australian and international privacy laws that allow class actions and representative complaints to be made - September 2003
- Galexia presents paper at national Electronic Authentication Stakeholder workshop for the Vocational Education and Training sector - August 2003
- Galexia delivers report on ABN-DSC interoperability - April 2003
- Ian Booth joins Galexia as an Associate - March 2003
- Galexia completes research paper on Electronic Authentication for Flexible Learning for Australian National Training Authority - February 2003
- Galexia updates Intelligence Report on privacy law in Asia - January 2003
- Galexia wins tender to deliver research paper on Electronic Authentication for Flexible Learning for Australian National Training Authority - September 2002
- Galexia Intelligence Report #6 - Privacy Codes of Conduct (Process and Content Issues) - August 2002
- Galexia focuses on E-Commerce law: The Law and Policy of Consumer Protection in Electronic Commerce in Australia - Updated October 2001
- Galexia commissioned to write a consultation paper on privacy issues in the use of PKI for individuals - June 2001
- Galexia completes a new Intelligence Report: An Introduction to e-Commerce Law - May 2001
- Galexia's first Intelligence Report: Privacy Impact Assessments (PIAs) - February 2001
- Paper on Electronic Lodgment in the Land and Environment Court - February 2001
New Galexia Study: The US Safe Harbor - Fact or Fiction? - December 2008
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The US Safe Harbor is an agreement between the European Commission and the United States Department of Commerce that enables organisations to join a Safe Harbor List to demonstrate their compliance with the European Union Data Protection Directive, allowing the transfer of personal data to the US in circumstances where the transfer would otherwise not meet the European adequacy test for privacy protection.
First released in November 1998, and officially accepted by the EU in 2000, the Safe Harbor is best described as an uneasy compromise between the comprehensive legislative approach adopted by European nations and the self-regulatory approach preferred by the US. The Safe Harbor Framework has been the subject of ongoing criticism, including two previous reviews (2002 and 2004). Those reviews expressed serious concerns about the effectiveness of the Safe Harbor as a privacy protection mechanism.
After ten years of public debate it is time to examine the Safe Harbor again. Chris Connolly’s article The US Safe Harbor - Fact or Fiction? summarises the findings of a Galexia study regarding the current status of the Safe Harbor Framework. The Galexia study assessed each of the organisations listed on the Safe Harbor List (1,597 entries) against a small subset of key criteria contained in the Safe Harbor Framework Principles.
This article was published in Privacy Laws and Business International, issue 96, December 2008.
Download PDF version - 577 KB
Browse online version:
- Title page
- Contents
- 1. Introduction
- 2. Previous reviews of the Safe Harbor Framework
- 3. Safe Harbor participants
- 4. Compliant members
- 5. Detailed Findings
- 6. Recommendations
- 7. Appendix - Methodology for this study
Privacy in consumer credit reporting - November 2008
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Chris Connolly presented a discussion, entitled Who’s to blame for credit stress, and how can we help consumers?, at the National Access to Justice and Pro Bono Conference, held by the Law Council of Australia and the National Pro Bono Resource Centre in Sydney from 14-15 November 2008.
Chris’s presentation examined potential reform of both consumer credit law and privacy law in Australia following the Australian Law Reform Commission’s privacy report For Your Information: Australian Privacy Law and Practice (Report 108). Galexia has previously prepared a submission to the ALRC’s inquiry, discussing options for stronger, more effective and more efficient consumer protection in credit reporting in Australia.
Download presentation slides (PDF) »
Galexia’s submission to the ALRC privacy inquiry »
Related links
- The National Access to Justice and Pro Bono Conference (external site) »
- The Law Council of Australia (external site) »
- The National Pro Bono Resource Centre (external site) »
- ALRC’s Report 108 on Australian Privacy Law (external site) »
The ALRC recommendations for Cross Border Transfers - November 2008
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The Australian Law Reform Commission’s Report 108: For Your Information: Australian Privacy Law and Practice sets out proposed ‘Unified Privacy Principles’ for reforming Australia’s privacy law.
Unified Privacy Principle 11 (UPP 11) attempts to combine the ‘accountability’ approach to cross-border privacy protection (similar in part to the approach taken in Japan, New Zealand and Canada) with elements of the existing, more traditional ‘adequacy’ approach (similar in part to the approach taken in the EU).
In Weak protection for offshore data - the ALRC recommendations for Cross Border Transfers, Chris Connolly examines the ALRC proposal in detail, and raises significant concerns about both the drafting and the likely impact of the proposal. There are fears that UPP 11 is so weak that all of the privacy protections contained in the other ten UPPs will be thrown away the minute data moves offshore. The proposed UPP 11 requires significant re-drafting so that the accountability principle is properly implemented, and steps must be taken to limit the broad exemptions contained in the proposal.
Read the full text of the article »
Read the ALRC report (external site) »
CHOICE publishes Galexia report on consumer protection in the telecommunications industry - October 2008
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CHOICE has released the report Consumer Protection in the Communications Industry: Moving to best practice, based on an issues paper prepared by Galexia. The report provides an overview of consumer concerns with the current co-regulatory consumer protection framework in the telecommunications sector in Australia.
- Download CHOICE’s PDF publication - 925KB
- Read Galexia’s issues paper »
- View CHOICE's telecommunications campaign page (external site) »
Trustmark Schemes Struggle to Protect Privacy - September 2008
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Galexia has published an article examining the effectiveness of privacy trustmarks in protecting consumers’ rights.
July 2008 was a landmark month in the history of privacy trustmarks - the seals that appear on some websites to provide a level of assurance about privacy protection. The largest and most successful trustmark - TRUSTe with over 2000 members - changed its status from ‘non-profit’ to ‘for profit’. And the second largest trustmark - BBB Online Privacy with over 700 members - closed its doors for good, abandoning a scheme that it had run for over eight years.
The basic premise of privacy trustmarks is that end users are supposed to have confidence in web sites displaying the trustmark seal, as it presumably indicates that the site adheres to good privacy standards. In practice, although trustmark seals all appear similar, the level of privacy protection varies a great deal. Some seals are backed by detailed standards and independent audits. Other seals are provided with no requirements or checks (other than payment). Some seals include a free dispute resolution service for complaints, other seals have no complaints mechanism or charge consumers for lodging complaints.
This article examines both legitimate and non-legitimate privacy trustmarks, and finds that there are serious consumer issues for both categories. Trustmarks have struggled to provide even basic privacy protection to date, and with the demise of BBB Online Privacy and the change in status of TRUSTe, it is difficult to be optimistic about the future.
Download PDF version - 470 KB
Browse online version:
- Title page
- Contents
- 1. Introduction
- 2. Standards
- 3. Enforcement
- 4. Transience
- 5. Timing issues
- 6. Trustmark scams
- 7. Coverage
- 8. Independence
- 9. Penetration
- 10. Consumer understanding
- 11. Government and Trustmark Schemes
- 12. Conclusion
Privacy issues in e-commerce - October 2008
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Chris Connolly presented a paper on e-commerce privacy issues and the Australian Law Reform Commission’s privacy report For Your Information: Australian Privacy Law and Practice (Report 108) at a symposium on 2 October 2008. The symposium, entitled Meeting privacy challenges - the ALRC & NSWLRC Privacy Reviews, was held by the Cyberspace Law & Policy Centre at the Faculty of Law, University of New South Wales, as part of the Centre’s ‘Interpreting Privacy Principles’ ARC Discovery project and will address:
- Providing a set of Privacy Principles that set a new global standard;
- Building consumer trust in electronic commerce;
- Achieving effective enforcement of privacy rules and remedies for breaches;
- Limiting the growth of a surveillance society; and
- Meeting international standards to facilitate appropriate cross border data transfers.
Chris was also a commentator for the session on cross border data transfers.
Download presentation slides (PDF) »
Related links
- Meeting privacy challenges - the ALRC & NSWLRC Privacy Reviews (external site) »
- The Cyberspace Law and Policy Centre (external site) »
- ALRC’s Report 108 on Australian Privacy Law (external site) »
- NSWLRC’s Consultation Paper 3 on New South Wales Privacy Legislation (external site) »
Asia-Pacific regional privacy options - August 2008
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The Asia-Pacific region has reached a significant crossroads regarding the protection of privacy.
The region could choose to follow a path that is based on the traditional approach to privacy found in the EU Data Protection Directive of 1995 and the domestic laws of many countries, with strong comprehensive privacy legislation establishing independent regulators and imposing conditions on the transfer of personal information to parties in third countries.
The alternative path is to follow a new model of privacy protection that involves greater reliance on self-regulation, self-certification, trust-marks and the registration of corporate rules. This approach is strongly advocated by US businesses and some features of this approach appear (in a limited way) in the APEC Privacy Framework of 2005 and related APEC Privacy Pathfinder Projects.
In Asia-Pacific Region at the Privacy Crossroads Galexia Director Chris Connolly examines current privacy developments in the Asia-Pacific region and analyses the benefits and risks of pursuing either the EU or the APEC approach to privacy regulation.
This article includes up to date information on privacy developments in the following Asia-Pacific jurisdictions:
- Australia
- Brunei
- Cambodia
- China
- Hong Kong
- Indonesia
- Japan
- Korea
- Laos
- Macau
- Malaysia
- Myanmar
- New Zealand
- Pacific Islands
- Philippines
- Singapore
- Taiwan
- Thailand
- Vietnam
Download PDF version - 580 KB
Browse online version:
- Title page
- Contents
- 1. Introduction
- 2. Privacy regulation in the Asia-Pacific region
- 3. The EU approach
- 4. The US/APEC approach
- 5. Other regional opportunities
- 6. Emergence of a global privacy norm?
- 7. Business Compliance
- 8. Advice and Recommendations
- 9. Appendix 1 - National Laws
- 10. Appendix 2 - Asia-Pacific Summary Table
Australian Law Reform Commission releases final report on Australian privacy laws - August 2008
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The Australian Law Reform Commission released its final report for its inquiry into Australia’s privacy laws on 11 August 2008. The report, For Your Information: Australian Privacy Law and Practice (Report 108) is around 2700 pages long, and contains 295 recommendations for improving Australia’s federal data protection laws.
Galexia was commissioned by Veda Advantage to prepare an independent submission to the inquiry discussing the privacy issues surrounding credit reporting, in response to the ALRC’s Discussion Paper 72.
The Australian Government has proposed a phased response to the ALRC recommendations. The first phase will address the proposed Unified Privacy Principles, health privacy, credit privacy, and privacy education. The second phase will address the recommendations on removal of exemptions, data breach notifications and the tort of privacy.
Read the ALRC report (external site) »
Read the Government's media release (external site) »
Galexia conducts Pacific spam enforcement workshop - July 2008
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Galexia conducted a workshop on anti-spam law enforcement in the Pacific in Brisbane on 14 July 2008.
The workshop’s key objectives included:
- identifying appropriate mechanisms and procedures to enforce anti-spam legislation
- developing materials and activities for public awareness and education
- facilitating the development of domestic, regional and international cooperative arrangements.
The workshop was part of the Strengthening Spam Legislation, Enforcement and Cooperation Regimes in the Pacific project, conducted by Galexia with the support of AusAID and the Australian Department of Broadband, Communications and the Digital Economy (DBCDE). The project has assisted the Pacific nations Niue, Samoa and Vanuatu in strenghtening their anti-spam legislation and enforcement systems.
Galexia publishes case study on Harmonisation of E-Commerce Legal Infrastructure in ASEAN project - May 2008
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Galexia has completed a case study of the Harmonisation of E-Commerce Legal Infrastructure in ASEAN project. The case study illustrates the progress made during the four years of the program (2004-2008), with eight of the ten ASEAN Member Countries having enacted e-commerce laws, and the remaining two having draft laws.
Read more about Galexia's work with ASEAN »
Galexia assists CHOICE with submission on consumer protection in telecommunications - May 2008
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Galexia was commissioned by CHOICE to prepare a submission to the 2008 Telecommunications Consumer Representation Stakeholder Forum, held in late April 2008. The paper, entitled Consumer Protection in the Communications Industry: Moving to best practice, provides an overview of consumer concerns with the current co-regulatory consumer protection framework in the telecommunications sector in Australia.
- Download PDF version - 478 KB
- Download CHOICE’s PDF publication (released October 2008) - 925KB
- Browse online version:
- Title Page
- Contents
- 1. Scope and Purpose
- 2. Consumer Protection Framework in Telecommunications
- 3. Comparison with other sectors
- 4. An improved model
- 5. Appendix 1 - Summary of Australian Codes
- 6. Appendix 2 - Case Study on the Code on Information on Accessibility Features for Telephone Equipment
- 7. Appendix 3 - Resources
View other submissions to the Forum (external link) »
View Galexia’s collection of research articles and submissions »
View CHOICE's telecommunications campaign page »
Recruitment - Legal/IT Research Consultant - April 2008
We are looking for an enthusiastic and dynamic person to join us as a junior Legal/IT Research Consultant on a casual basis. The role requires a background in both law and technology - we are particularly interested in hearing from university students in combined IT/Law or similar degrees.
The successful applicant’s core duties will include legal and technical research (with a strong international focus) in our areas of specialisation - e-commerce, identification, identity management, authentication, security and privacy - and assisting with system administration - maintaining our internal systems as well as our client extranets and public website.
Read more about this position »
Automated business in life insurance and electronic commerce - April 2008
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Chris Connolly will sit on a panel of experts at a seminar discussing the benefits, challenges and implications of automated business in life insurance and electronic commerce. The key issues to be addressed include:
- What are the benefits of automated underwriting?
- Do we need signatures?
- How much do advisers have to change the way they work?
- How far can the system go?
- How should we deal with cases that do not go straight through the automated system?
- What are the implications for underwriter training?
- Privacy issues
- Electronic record keeping issues
The discussion is being hosted by the Investment and Financial Services Association Limited.
Visit the Investment and Financial Services Association Limited website (external link) »
Tenth ASEAN E-Commerce workshop held in Jakarta, Indonesia - March 2008
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The tenth ASEAN E-Commerce workshop was held in Jakarta, Indonesia in April 2008. The workshop focused on regional and international e-commerce issues, and the Indonesian Law on Information and Electronic Transactions.
Read more about the ASEAN E-Commerce project »
Read more about Galexia’s recent work on the Indonesian bill »
 Chris Connolly (Galexia), Iwan Gunawan (Program Coordinator, AADCP Program Stream) and Roger Vitasa (ASEAN) |
 Workshop Participants |
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 Presentation: International and ASEAN Best Practice in E-Commerce Legislation; Chris Connolly (Galexia) |
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Indonesian Parliament passes e-commerce law - March 2008
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On 25 March the Indonesian House of Representatives passed the Law on Information and Electronic Transactions. This omnibus law includes provisions for enabling e-commerce transactions and digital signatures, privacy, domain name registration and dispute resolution, digital copyright, content regulation and cybercrimes. The Law is an important step in meeting Indonesia’s e-commerce targets under the Roadmap for Integration of e-ASEAN Sector.
Galexia is assisting Indonesia by providing an analysis of the Law and a high-level awareness-raising workshop (the tenth ASEAN E-Commerce workshop) to facilitate the promotion of the Law. The workshop will be held on 8 April in Jakarta, Indonesia.
Read more about Galexia’s recent work on the Indonesian bill »
Read about the tenth ASEAN E-Commerce workshop »
Read the e-ASEAN Roadmap (external site) »
Read more about the ASEAN E-Commerce project »
Consumer protection in electronic contracts - March 2008
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CHOICE and the Cyberspace Law and Policy Centre at the University of New South Wales hosted a roundtable discussion on consumer rights in the information age in early March. Galexia Director Chris Connolly addressed participants on Australian and regional regulatory responses to the key challenges of consumer protection in electronic contracts.
The roundtable discussion was preceded by a public lecture by Professor Jane Winn of the University of Washington.
Galexia completes study of cyberlaw harmonization for UNCTAD Information Economy Report - February 2008
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Galexia was commissioned to prepare a case study on harmonisation of cyberlaws for the United Nations Conference on Trade and Development’s (UNCTAD’s) Information Economy Report 2007-2008. The case study analysed the development of consistent e-commerce laws across the ASEAN Member Countries, based on Galexia’s work in the region. The ASEAN Member Countries stand out as being the first regional group to adopt harmonised e-commerce laws.
Read the Information Economy Report 2007-2008 (external site) »
Read more about Galexia's work on the ASEAN e-commerce project »
Galexia assists Eric Bana in a domain name dispute - February 2008
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Galexia assisted actor Eric Bana in a domain name dispute against a cybersquatter before a panel of the World Intellectual Property Organisation (WIPO) in late 2007. Under the Uniform Domain Name Dispute Resolution Policy (UDRP - the dispute resolution policy for top-level domain names), the panel ordered that the domain name be transferred to Eric Bana.
Read more about Galexia’s work on domain names »
Galexia hosts Japanese privacy delegation - February 2008
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Galexia recently hosted a delegation of Japanese privacy experts, including academics and professionals from the legal and technology fields. The delegation met with Australian privacy experts from within government, industry and academia, discussing a broad range of privacy issues, with a particular focus on privacy impact assessments (PIAs) and biometrics. The meetings were conducted in Sydney and Canberra.
Galexia has provided privacy compliance advice to a number of international companies with operations in Japan following the introduction of the Japanese Act on the Protection of Personal Information 2003.
The privacy implications of China's outsourcing industry - January 2008
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Data protection law in China is currently going through a significant reform. There is potential for China’s existing patchwork of data protection requirements to be transformed into a strong, comprehensive data protection regime. This paper canvases the recent developments, particularly from the perspective of offshore outsourcing - a growing industry sector in China.
The article was published in Volume 10, No 9 of the Internet Law Bulletin (January 2008).
Read more Internet Law Bulletin articles, casenotes, bytes and research »
Developments in digital rights management - January 2008
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Digital rights management (DRM) restricts usage and copying of digital copyright materials (such as music) using technical access control measures. Online music retailers, such as the Apple iTunes store, have typically been forced to use these protected formats by the recording industry, in an attempt to combat online piracy.
Recently, key record labels have moved away from the use of DRM, allowing the online retailer Amazon to sell unprotected versions of their music. This byte discusses some of these developments, and related developments on the legal front.
The byte was published in Volume 10, No 9 of the Internet Law Bulletin (January 2008).
Read more Internet Law Bulletin articles, casenotes, bytes and research »
Galexia provides technical assistance for Indonesian cyberlaw bill - January 2008
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Galexia has been assisting ASEAN meet targets set in the Roadmap for Integration of e-ASEAN Sector (the e-ASEAN Roadmap). Measures contained in the e-ASEAN Roadmap for e-commerce include:
- Measure 78: Enact domestic legislation to provide legal recognition of electronic transactions (i.e., cyber-laws) based on common reference frameworks. (Deadline: 31 December 2008)
Galexia’s project on e-commerce legal infrastructure for ASEAN has been expanded to include special assistance for Indonesia. This phase will run from January to April 2008.
Indonesia has developed draft legislation to meet this target - the Electronic Information and Transaction Bill. It is an ambitious piece of legislation covering e-government, electronic contracting, privacy, cyber-crime, spam, digital copyright and other cyberlaw issues in a single omnibus Bill.
This new project will assist Indonesia through:
- The research, preparation and distribution of materials on the benefits, issues and challenges of developing e-commerce legislation in Indonesia; and
- A high-level awareness raising and technical assistance workshop to facilitate the promotion of the Indonesian Electronic Information and Transaction Bill.
The Harmonisation of E-Commerce Legal Infrastructure in ASEAN Project is funded by the ASEAN Australia Development Cooperation Program (AADCP). AADCP is funded by the Australian Government through AusAID, implemented in close collaboration with the ASEAN Secretariat, and managed by Cardno Acil.
Read more about the ASEAN E-commerce project »
Developments in Asia-Pacific privacy laws in 2007 - January 2008
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This article provides a summary of the key privacy law developments in the Asia-Pacific region in 2007. As sharing of personal details online becomes more frequent, and the accessibility of such information is enhanced by rapidly improving technologies, the privacy risks that threaten a world citizen are greater than ever before. In the Asia-Pacific region there has been significant growth in Business Process Outsourcing (BPO), which demands countries develop coherent information protection laws. A number of countries in the region are making progress towards new privacy legislation. At the same time other countries in the region with existing privacy laws are looking to amend and reform laws so that they align with current technologies, community views and international standards. One new issue that is emerging is the consideration of data breach notification rules by Asia-Pacific countries - and this is likely to be a major talking point in the region over the next few years.
The article was published in Volume 4, Nos 6 and 7 of the Privacy Law Bulletin (December 2007).
Credit reporting submission to the Australian Law Reform Commission's Privacy Review - December 2007
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Galexia was recently commissioned by Veda Advantage to independently research and develop options for a framework for stronger, more effective and more efficient consumer protection in credit reporting in Australia. This task was been initiated in response to the Australian Law Reform Commission (ALRC) review of privacy legislation.
Consumer protection in the regulation of credit reporting is a very complex territory and Veda Advantage wanted to assist the ALRC and stakeholders with a cogent expert’s report to guide understanding of the major issues.
ALRC’s Discussion Paper 72: Review of Australian Privacy Law »
Galexia Associate Claro Parlade wins Endeavour Fellowship to study privacy law - November 2007
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Claro Parlade, Galexia’s associate from the Philippines, has won an Endeavour Fellowship and will be funded to visit Australia in 2008 for 3 months to study privacy law.
Claro is currently the Executive Director of the Cyberspace Policy Centre for Asia-Pacific (CPCAP), a leading source of expertise on electronic commerce, privacy and online dispute resolution issues in the Asian region.
Galexia and the Office of the Privacy Commissioner (OPC) are Claro’s joint sponsors for the programme, and Galexia will be co-hosting Claro along with the OPC. He will also spend time travelling around the country interviewing key business, government and consumer stakeholders about privacy issues.
Claro has considerable experience in policy work in the Philippines, having been Chairman of the Legal and Regulatory Committee of the IT and E-Commerce Council (‘ITECC’) of the Philippines from 2000 to 2004. He has been involved in the drafting of the Philippines E-Commerce law, and has worked on numerous draft bills and regulations on matters such as the creation of a department of ICT, telecommunications reform, cybercrime and Internet governance.
The Endeavour Programme brings leading researchers, executives and students to Australia to undertake short or long term study, research and professional development in a broad range of disciplines and enables Australians to do the same abroad.
Read more about the Endeavour Programme »
Claro Parlade
Jurisdictional and enforcement issues of internet gambling - October 2007
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The online gambling market is facing the same challenges of jurisdiction and law enforcement as internet activities in general. In this article, Christina Fränngård discusses recent issues in these areas, and examines the situation in three jurisdictions in detail - the US, the EU and Australia.
The article was published in Volume 10, No 7 of the Internet Law Bulletin (October 2007).
Read more Internet Law Bulletin articles, casenotes, bytes and research »
Galexia assists the NSW RTA with their Document Verification System - October 2007
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Galexia has been selected to conduct a Privacy Impact Assessment (PIA) for the NSW Roads and Traffic Authority (RTA). The PIA will cover the RTA’s potential participation in the national Document Verification Service (DVS).
The DVS has been developed as part of the National Identity Security Strategy. The DVS will be a secure, electronic, on-line system accessible by certain Australian Government, state and territory agencies to check the validity of an identity document. The verification of driver licences will be completed via the National Exchange of Vehicle and Driver Information System (NEVDIS) database, operated by Austroads.
Galexia to help develop spam laws in the Pacific - October 2007
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After a competitive tender process, Galexia has been chosen to assist the Department of Communications, Information Technology and the Arts (DCITA) in the development of a harmonised spam legislation, enforcement and co-operation regime for three Pacific nations.
This project, funded in part by AusAID's Pacific Governance Support Program (PGSP), will be applied across the island states of Niue, Samoa and Vanuatu.
As part of the project, Galexia will have a central role in developing a package of anti-spam policy and legislation, specifically tailored for these Pacific nations, which will be modelled on Australia's Spam Act of 2003.
DCITA's role will continue through to developing a local enforcement capability, as well as assisting the Pacific nations participate in an international network of enforcement agencies.
Five new signatories to the UN Convention on the Use of Electronic Communications in International Contracts - October 2007
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The treaty event, entitled "Focus 2007: Towards Universal Participation and Implementation - A Comprehensive Legal Framework for Peace, Development and Human Rights" was held at United Nations Headquarters in New York, on the 25-27 of September and the 1-2 of October 2007. During the event, the United Nations Convention on the Use of Electronic Communications in International Contracts received five new signatories:
- The nations of Panama and the Philippines;
- The Islamic Republic of Iran; and
- The nations of Colombia and Montenegro.
The Convention was adopted by the UN General Assembly in November 2005 and has since received 15 signatories. The Convention aims to improve the legal certainty and commercial predictability of electronic contracts. Other signatories to the Convention are the Central African Republic, China, Lebanon, Madagascar, Paraguay, Senegal, Sierra Leone, Singapore, Sri Lanka and The Russian Federation.
Galexia has previously written articles outlining:
The scope and exclusions to the Convention »
Consumer Action Law Centre publish Galexia's Trade Practices Act Public Benefit Report - September 2007
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The Consumer Action Law Centre (CALC) has now published the Galexia-written report focussing on defining the ‘public benefit’ in Part VII of the Trade Practices Act 1974 (Cth). It was completed as part of a project to identify weaknesses in the way in which the public benefit test is currently applied under the Act and to propose solutions that will ensure that consumers receive the protections they require when reductions in competition through mergers, acquisitions and collusions are considered. The report has a particular focus on the potential inclusion of social and environmental considerations in the public benefit test.
Part VII of the Trade Practices Act 1974 acknowledges that there are circumstances in which anti-competitive conduct will be permissible - where the detriment caused by the conduct is outweighed by other benefits to the public. The report examines the application of the public benefit test in both theory and practice, and makes recommendations aimed at improving consideration of the public benefit in authorisations.
Read more about the Consumer Action Law Centre Project »
Galexia meets with Secretary of State to the Ministry of Commerce in Cambodia - September 2007
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