At Cornwalls, the firm understands the opportunities and challenges faced by established companies and start-up businesses, in both mature and emerging markets. Cornwalls’ attorneys work closely with clients and can offer them decades of experience in working across various industries in both local and international markets.
Each incumbent and start-up has its own particular opportunities and challenges. The firm is well-placed to assist with its team of experts advising clients in regulated industries, such as banking and financial services, telecommunications, real estate, and the energy and water industries. Cornwalls’ attorneys often work as part of a multidisciplinary team together with IT and risk professionals.
The firm’s service is flexible and user-friendly. Cornwalls can assist with ‘whole of business’ regulatory change for large clients, as well as with more limited mandates for smaller clients and start-ups.
Key service lines include:
- Blockchain and cryptocurrency advice in connection with Australian financial services law
- Digital currency exchange advice in connection with anti-money laundering and counter terrorism law and Australian financial service law
- Privacy and data breach documentation and advice to clients in Web2 and Web3 market
- General Anti-Money Laundering and Counter Terrorism general enrolment, exemptions and advice
- New Payments Platform Australia participation requirements including Web3 platform
- Buy Now Pay Later licensing, exemptions and advice
- Drafting, reviewing and amending fintech and e-business document packages to conform with Australian unfair contract term laws
- Consumer Data Right accredited data recipient applications, documentation and advice
- Advice on regulatory issues concerning “screen scraping” and transitioning from screen scraping operations to Consumer Data Right-driven operations
- Payment systems licensing, exemptions and advice
- Payment system sponsorship and participation agreements
- Credit reporting enrolment, documentation and advice
- Receivables financing advice and documentation
- Consumer finance licensing, advice and documentation
- Australian consumer protection laws (including unfair contract term laws)
Examples of recent work:
- Adapting multinationals’ internal and customer-facing privacy procedures and policies to be suitable for Australia.
- Managing the allocation of responsibility between central organisations and their dealer/network participants for the collection and handling of personal information and the making/obtaining of appropriate disclosures and consents.
- Offshoring of Australian residents’ personal information, either by direct collection by an overseas organisation or disclosure by an Australian organisation to an overseas recipient.
- SCHREMS II assessments for Australia (where the data of EU data subjects is exported to Australia).
- Drafting personal information handling agreements between Australian data exporters and overseas recipients (including in the context of complex multinational groups).
- Advising multinationals on acquisition due diligence relating to privacy, spam and data security compliance of Australian targets. .
- Data breach response plans, notifications and incident management.
- Privacy impact assessments.
- Advising on data handling and breach notification provisions in outsourcing and other contracts.
- Advising on the data security responsibilities and other obligations of clients in sectors that are covered by Australia’s laws relating to the security of critical infrastructure.
- De-identification and re-identification of personal data.
- Collection and analysis of behavioural data for insurance and safety purposes.
- Collection and handling of drivers’ personal information via in-vehicle systems.
- Advising multinationals on dealing with Australia’s differential approach to employee data privacy.
- Advising multinationals on Australia’s federal laws regulating spam and telephone marketing.
- Advising multinationals on the rules about handling particular types of data, including Medicare numbers, Australian tax file numbers and other government identifiers.
- Advising multinational and Australian clients at the cutting edge of the Australian “data economy”, involved in feeding data into, or taking data from, the banking, energy and telco sectors to provide value-added data driven services to consumers under Australia’s “consumer data right” regime (broadly similar to the UK’s open banking regime but across multiple sectors)