Information and Communications Technology and Data Protection

Some of the most innovative software, communications and security vendors, as well as those looking to acquire or use such technologies, rely upon our experts to understand the big picture.

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Information and Communications Technology is more than a cost centre. It can be used in a transformative sense – to disrupt tired business models, to drive efficiency or to transform an entire organisation. When it comes to ICT, we understand what you do. We see opportunity and innovation and we’re here to help you achieve your goals.

Our lawyers understand the complex intersection between the law and technology. Offering joint legal and technical qualifications, we don’t just advise, but work with (and are a part of) the ICT industry. In fact, Hayden Delaney who leads our ICT practice is the only Australian lawyer invited to speak at the RSA Conference this year in San Francisco (read more, here).  HopgoodGanim was also ranked by Doyles Guide to the Australian Legal Profession in Leading TMT Law Firms - Brisbane, 2016, and was also Recommended by Doyle's Guide as a Leading Technology, Media & Telecommunications Law Firm - Queensland, 2012, 2015-2018.  

When you come to us with a problem, our lawyers won’t hide behind a lengthy advice that skirts the issues. We’ll advise you on what you need to know because we understand the problem and are committed to finding the answer.

From assisting start-ups in protecting their innovations and planning their business models, to working with global organisations on acquiring a new enterprise system, we are here to assist CIOs, CEOs, CFOs and CROs to ensure that their ICT vision and strategy comes to fruition. If your in-house legal capabilities need support, then we’ll seamlessly integrate with your team in order to add scale and expertise, wherever and whenever required.

Through our integration with the ICT industry, we are on the ground floor as new trends emerge. From cloud services to informational privacy and data protection, we understand what needs to be done legally, as well as grasping the broader technical issues. We work with IT security venders, governance, risk and compliance consultants, patent attorneys and commercial advisors to ensure that your matter receives the best attention – legally, technically and commercially.

Our experts have a strong reputation in the technology sector, locally and globally, and are often asked by print and broadcast media to provide expert legal commentary on key industry issues. We are also a Professional Partner of the Australian Computer Society, and regularly educate the industry on legal issues related to ICT.

The Notifiable Data Breach Scheme: Part 1 & 2


Areas of Expertise

  • Informational privacy compliance and data protection – ensuring compliance with privacy laws and industry-specific data protection requirements, including drafting privacy compliance documentation and advising on issues related to “privacy-by-design” and architecting compliance into data and systems
  • Software development – advising on both waterfall-based and AGILE models of software development and drafting project critical contractual controls which ensure proper project governance, including requirement specifications (both functional and technical), testing (both developer testing and user acceptance testing), and intellectual property management
  • Technology and telecommunications contracts -including licensing, procurement and services contracts
  • Delivery of technology and telecommunications projects - such as GITC, acquiring technology platforms, launching online businesses, planning distribution networks, and forming strategic alliances and joint ventures
  • Outsourcing and offshoring - advising on each stage of the business process and facilities management outsourcing cycle, including assisting with tender documentation, drafting agreements, renegotiating existing relationships, and negotiating a smooth exit and transition to a new provider or in-house
  • Transactional advice - advising on the technology-related aspects of all corporate and commercial transactions, including mergers and acquisitions and joint ventures, and dealing with transitional services arrangements
  • Big Data, E-commerce and Digital Marketing - advising on all issues connected with conducting business over the internet, including the utilisation of “Big Data” analytics and advertising platforms such as Google Remarketingtm, e-commerce terms and conditions, electronic payment gateways, digital advertising and direct marketing
  • Advising GHD on its strategic objectives to transform its IT department from a cost-centre into a global fee earning service provider, offering managed services, data hosting, technical support and strategic IT consulting.
  • Working with a world-leading vendor of encryption key management products and software development kits based on global information industry standards set by the Organization for the Advancement of Structured Information Standards (OASIS) as well as a public-key cryptography standards group via RSA Security. This work has seen us advise in projects and deals which involved licensing technology to world-leaders in IT security, including Dell, HP, Thales E-Security, Trend Micro, Vormetric and more.
  • Advising Michael Hill International Limited on its transformative e-commerce projects across Australia, the US and Canada, and New Zealand. This has seen us act in relation to the procurement and implementation of critical cloud-based infrastructure (“IaaS”) across multiple jurisdictions to support the deployment of its cutting edge e-commerce platforms and managing the privacy, data sovereignty, data control and data security implications of such an arrangements.
  • Acting for Imdex Limited (and its Reflex group subsidiaries) in licensing its spectral analysis software and services to leading energy and resource companies.
  • Advising a telecommunications entity on the preparation, drafting and negotiation of nearly all of its contracts since its inception, including those with NBN (network access agreements), Australia Post (distribution agreements), Lockheed Martin (agreements in relation to cloud-based software used to provide device and personnel satellite tracking services in high-risk zones such as Afghanistan and Iraq), software development agreements (both agile and waterfall based) and a standard form of agreement for end users.
  • Advising the Cancer Council Queensland on informational privacy compliance, particularly under the changes brought in by the Privacy (Enhancing Privacy Protection) Act 2012 (Cth). This included advices related to the proposed direct marketing regulatory regime and the implications of this upon common practices within the not-for-profit sector.
  • Acting for Presence of IT in relation to its role in a teaming arrangement for providing IT services, together with other IT service providers, for GOLDOC (Gold Coast Commonwealth Games 2018) under the Government Information Technology Contracting Framework (GITC Framework), for the implementation of a SAP Cloud Based Solution.
  • Advising a government-owned water corporation on the evaluation of tenders for the supply of outsourced, or cloud, IT services under the GITC framework.
  • Acting for Record Holdings on the acquisition of all of the share capital in FTR Pty Ltd and its US subsidiary, FTR Limited, from Melbourne.
  • Acting for a nationally listed banking and financial services company in its negotiations with a vendor for the replacement, licence and ongoing maintenance of its core banking software.
  • Advising CuDECO on the procurement of organisation-wide ERP systems and software as a replacement to its legacy systems.
  • Advising Microsoft Corporation in several dealership test purchase programs in Queensland, South Australia and Western Australia.
  • Advising CQUniversity in connection with a Consultancy Services and Licence Agreement between Calibre Operations, Calibre Rail and CQUniversity, for rail simulation software ultimately to be provided to Sundance Resources for its Mbalam Iron Ore Project.
  • Advising Auscript Australasia on GITC-based agreements related to the provision of ICT services and software to numerous government departments, including the Queensland Department of Justice and Attorney General, the Federal Court of Australia, NSW Attorney General’s Department, the Australian Industrial Relations Commission and the Administrative Appeals Tribunal.
  • Advising WA Cook Medical on the privacy arrangements related to sensitive health information regarding specialist design stents (which are customized to each patient), including the sharing of that information between general practitioners, interventional cardiologists and the stent designers and manufacturers.
  • Advising the Queensland Office of the Coordinator-General in respect of copyright and privacy issues concerning the release of flood data related to large sections of land throughout the Gold Coast region.
  • Advising Collections House on the procurement of a suite of ERP agreements to the value of $3.5 million, for the procurement of systems-critical software to replace in-house legacy systems.

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