Government regulation ultimately affects business practice and investment decisions.
We advise our clients on all aspects of the Corporations Act and good governance practices, and assist them to establish best practice compliance regimes to discharge their statutory obligations, while managing any regulatory risk. Our clients look to Sainty Law to assist them with making submissions and understanding policy and regulatory developments.
We also have extensive knowledge and experience working in the highly regulated charity and not-for-profit sector, and we are committed to helping our clients achieve measurable change within their communities. We understand the unique challenges that not-for-profit organisations face, and work with our clients to deliver strategic outcomes.
We have successfully worked with clients in the following areas:
- Structuring for commercial, regulatory and tax outcomes
- Collaboration and strategic alliances
- M&A, private security offerings, IPOs
- Corporate governance and regulatory compliance
- Shareholders’ arrangements
- Directors’ duties and liability
- Full range of commercial and employment agreements
Technology & Cybersecurity
Sound IT systems and cyber security practices are essential to doing business in the digital world.
We advise our clients on technology and risk. We focus on your whole organisation and its environment and address strategic business requirements as well as legal and regulatory issues. We work with you to deliver tailored solutions using agile and traditional project management methodologies and adopting new business models and approaches.
The increased use of technology is a key source of competitive advantage but also a key driver of cyber risk. We believe cyber security and resilience is a whole of organisation issue to be driven and managed by business leaders. Cyber-attacks can affect an organisation’s brand, reputation and value as much as its legal obligations. We work with our clients to build cybersecurity frameworks that meet their regulatory and contractual obligations and to achieve security-by-design.
Our Cyber Resilience Framework helps our clients to manage cyber risk inherent in all digital platforms and technology. We can help improve your business’ ability not only to survive cyber-attacks but also to thrive in the digital market place and maintain a long-term competitive edge.
We have successfully delivered disruptive and emerging technology solutions to clients, including:
- Technology enabled business transformation
- IT as a utility – SAAS, PAAS, IAAS
- Cloud computing enterprise solutions – collaboration tools, infrastructure and data security
- Agile contracting and project management
- Systems integration, outsourcing and procurement including for apps
- IT, cyber and data breach governance and risk assessment, analysis and compliance programs
- Business as usual technology agreements such as digital and managed services agreements
Privacy & Big Data
In a data-driven world, navigating increasingly complex privacy and content laws is essential to capture value and minimise risk.
Content marketing and targeted personalisation are essential tools for customer engagement and growth. We are committed to helping our clients develop robust information management strategies, to maximise customer insights and marketing automation but minimise risks in data driven businesses. We offer a range of services to ensure your organisation complies with privacy and content laws in Australia and overseas (for example, EU GDPR and US Privacy Shield), and to help you build foundations for good privacy governance. We work with our clients to solve business problems created by privacy legislation, to address difficult data protection and de-identification issues, and to assess and modify your systems and practices for compliance. We are experienced and equipped to immediately assist our clients to manage reputation, compliance and legal risks in the face of complaints, data breaches and regulatory challenges.
We can advise you on your preparedness for and obligations under the Notifiable Data Breach Scheme and the EU GDPR coming into effect in 2018. Take our Privacy Health Check to find out your readiness.
Sainty Law is proud to be a partner of Privacy Awareness Week, an initiative of the Asia Pacific Privacy Authorities Forum. Privacy Awareness Week is an annual week-long event which encourages us to stop and think about what ‘privacy’ means in our online, data-driven lives. A week, however, is not long enough – we need to be thinking about our privacy all year round.
We have successfully worked with clients on:
- Regulatory and contractual issues in data mining, data analytics and and leveraging social data
- Programmatic advertising and data-driven lead generation
- Commercial contracts and transaction structuring for data protection
- Global and domestic privacy policies and complaints and access procedures
- Data breach notification and dealing with regulators
- Cross border transfers of data and cloud deployments
- Privacy Law reform
Digital Business & Transformation
Businesses need to adapt and innovate using new technology and practices to thrive in the digital world.
Technology has inarguably changed the way we do business. Online business has become the default position. This has important consequences for our clients. Sainty Law keeps up with the rapid pace of change in the digital business world, so we can work with our clients to deliver and maximise business opportunities from digital transformation and help our clients prepare for the future.
We work to improve our clients’ business outcomes through strategic development, delivery and implementation of digital solutions. We stay at the forefront of technology advances and processes, such as agile process management. We guide our clients through the regulatory and commercial legal issues. We confidently work with evolving business models, technology laws and contracts, including cloud computing, the Internet of Things, smart contracts and data analytics.
We have successfully worked with clients on:
- E-commerce solutions and digital change management
- New business operating models and contracts especial for digital businesses
- Large scale complex technology delivery
- Systems integration and business process outsourcing
- Privacy law and Spam Act obligations
- Web analytics and social networking
- App and content development
Intellectual Property & Marketing
Intellectual property and goodwill are crucial to the competitive advantage of a business.
We advise our clients on a wide range of intellectual property rights, including copyright, confidential information, trade secrets, trade marks and brand protection and commercialisation of IP. We work with clients to identify, manage and protect IP assets, including databases and computer generated works, draft, negotiate and finalise strategic IP licensing and assignment arrangements. We are experienced in assisting our clients protect their brands, through search and registration of trade marks, to design and preparation of brand guidelines and licences, to defence and enforcement of trade marks, business names and domain names that are associated with the business identity.
We help our clients comply with a range of competition and consumer law issues. With the complexity of multichannel campaigns run over a range of digital and other platforms our knowledge of the law and practice is invaluable in delivering effective, compliant marketing for your organisation. The cost of non-compliance is high – not just failed campaigns but risks to your business’ brand and reputation. We also advise on advertising and labelling obligations, misleading and deceptive conduct and product liability.
We have successfully worked with clients on the following issues:
- IP due diligence and audit for M&A and commercialisation
- Commercialisation of IP including regulatory incentives
- Online advertising including mobile and search marketing
- Advertising and product labelling obligations
- Trade mark, domain name, business name registration
- Enforcement and protection of IP
- Compliance with competition and consumer law
Media & Entertainment
Disruption of traditional content delivery models has created opportunities for all businesses but poses challenges to established players.
We offer decades of sector specific experience on a full range of issues and transactions within the media and entertainment industries. We know the Australian media, content and communications regulatory environments intimately. We understand the many ways old and new content delivery business models intersect with the complex matrix of ownership and control regulation.
We advise on all aspects of content commissioning and funding, creation, production and exploitation including regulation, such as the producer offset scheme and international co-productions, to ensure our clients remain competitive in a thriving digital media market. We are helping our clients stay on the front foot and successfully navigate these challenges.
We have successfully worked with clients on:
- Content creation for all platforms (TV, film, online, mobile, out of home)
- Various funding models including direct and indirect government subsidy
- Private investment and private offers
- Structured funding for screen content and project financing
- All agreements for in front of and behind the camera
- Global and domestic distribution and licensing arrangements
- Leveraged finance and brand/sponsor funded content models
- Media policy and regulation reform at all levels of government