Marketing, data and privacy

Advertising and marketing are core functions of consumer brands, but are also heavily regulated and come with inherent regulatory risks.
CIE Legal Marketing team

Consumer-facing businesses are particularly exposed to data protection and privacy risks, especially considering the value of data as an asset and how widely it can be used and commercialised. CIE Legal is trusted by some of Australia’s best-known companies to advise on their marketing, data, and privacy issues.

Marketing

Our experience in marketing and advertising clearance is second to none. It is one of our core areas of work.

We have significant experience and a deep understanding of how the advertising industry works. Some of the key areas that our lawyers frequently advise on include:

  • advertising compliance review and approval, including for compliance with the Australian Consumer Law, the AANA Code of Ethics, and industry-specific advertising requirements such as the AANA Food & Beverages Advertising Code
  • complaints to Ad Standards, including drafting submissions to Ad Standards
  • dealing with the ACCC in relation to advertising enforcement issues
  • advertising crisis management, including strategies for managing social media reputational issues, strategies to address errors or compliance issues with live assets

CIE Legal has supported us on our marketing campaigns for years and have a deep understanding of our business and brands. This historical knowledge is incredibly helpful in shortcutting processes and achieving results quickly. They’re great at providing dynamic advice at pace (often in less than 24 hours), especially considering the number of requests we throw their way. They’re flexible and adapt to our comms rhythm and style well. I particularly value the way they give advice that’s easy for us to understand and act on.

Channa Goonasekara
Senior Marketing Manager at Uber Eats

Privacy

From the Spam Act to the Privacy Act, with plenty of industry-specific codes in-between, the use of customer data is heavily regulated.

First off, we’ll make sure you have the right processes and skills in place for day-to-day compliance. A data/privacy/marketing audit is a great place to start.

Next, we’ll embed policies and procedures that support best practice. We can also train your people to ensure that action reflects the standards you set.

Of course, despite best efforts, customer privacy issues, including data breaches and access requests, do arise. When they do, we’ll be by your side, responding to regulators and customers, to limit your financial and reputational exposure.

“We’ll be by your side, responding to regulators and customers, to limit your financial and reputational exposure.”

Our expertise includes:

  • advising in response to OAIC and ACMA investigations
  • advising on customer requests for access to their personal information
  • data breach notifications to customers and the OAIC
  • independent expert appointments (ACMA)
  • marketing communications compliance reviews
  • preparing privacy policies and collection statements
  • privacy audits and implementing “privacy by design” processes (including mapping data flows, reviewing privacy compliance policies and procedures, identifying gaps and risks, and recommending solutions for risk mitigation)
    privacy impact assessments
  • responding to customer privacy complaints
  • staff Privacy Act and Spam Act compliance training

Key contacts

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