Angela is a partner in Holding Redlich’s Technology, Media and Telecommunications (TMT) group. Angela has over 20 years’ experience as a partner in private practice and in senior Australian Federal Government roles including as General Counsel and First Assistant Secretary at the Department of Communications and the Arts. She has broad commercial law expertise in both transactional and regulatory matters.
Experience
General regulatory
Angela has acted for:
private sector clients in making submissions to Government consultation processes on regulatory reform, including in connection with:
the Australian Competition & Consumer Commission’s (ACCC) Digital Platforms Inquiry and the ACCC’s Digital Advertising Services Inquiry
consultation processes regarding Australia’s consumer data right (CDR)
consultation processes relating to the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020
the Australian Communications & Media Authority’s consultation on Impartiality and commercial influence in broadcast news, and
consultation on the Telecommunications and other Amendments (Assistance and Access) Act 2018 (Cth)
corporates regarding compliance with the Competition and Consumer Act and other Australian law and regulation, including competition, consumer protection and privacy issues relating to telecommunications, technology and ad tech, and
public sector clients in providing advice as to the operation of the CDR provisions of the Competition and Consumer Act.
IT
Angela has acted for:
government agencies and corporates in negotiating telecommunications and IT and software services contracts, including contracts for the supply of cybersecurity services
software companies in contentious contractual disputes
IT suppliers in the preparation of standard form managed services agreements to meet all operational and legal requirements, including compliance with the Australian Consumer Law unfair contract terms provisions, and
government agencies in conducting legal risk and privacy risk analysis for the development of a new ICT systems projects.
Media
Angela has acted for:
content providers and media entities in advising on compliance with regulatory regimes, including content regulation, the Australian Communications & Media Authority’s (ACMA) licensing requirements and other ACMA engagement
content providers in content supply arrangements and joint ventures with broadcasters and subscription video on demand (SVOD) services providers, and
media companies in negotiating content agreements across different platforms.
Telecommunications
Angela has acted for:
communications infrastructure suppliers in negotiating contracts for fixed line and mobile infrastructure delivery
telecommunications companies in providing advice on regulatory compliance, including regarding spectrum licensing, carrier licensing, carrier powers and immunities and compliance with data retention requirements, and
telecommunications companies in establishing contracts, processes and policies that comply with regulatory requirements, including the Telecommunications Consumer Protections (TCP) Code.
Privacy and data protection
Angela has acted for:
the Office of the Australian Information Commissioner in investigations and regulatory enforcement
private sector clients in responding on the Attorney General’s 2020/2021 review of the Australian Privacy Act, and
corporates in establishing cyber security frameworks and privacy policies including advice on notifiable data breach policies, digital privacy and the use of ad tech services.
Angela is listed in Who’s Who Legal as a “Global Leader – Telecoms and Media 2020”. Who’s Who Legal says:
“Angela Flannery stands out for her stellar work in the TMT sector on regulatory compliance and transactional matters.”
Angela received the Lexology Client Choice 2020 award for Telecoms & Media in Australia in February 2020, with client feedback obtained by Lexology including the following comments:
“She is brilliant during the negotiation process in advocating for client’s interests.”
“She has significant experience in working with IT and communications industry providers; she has excellent advocacy skills.”
“Angela is very proficient in getting results; she is also a pleasure to deal with.”
As 2021 moves full steam ahead, this note provides a quick reminder about some of the key updates to the Commonwealth Procurement Rules that took effect in December 2020. Those updates were largely targeted at making it easier for small and medium businesses to engage with relevant Commonwealth entities but also focus on sustainability.
The Payment Times Reporting Act 2020 (Cth) commenced on 1 January 2021. The Act introduces a scheme requiring large businesses and certain government enterprises to report on their payment terms and practices in relation to small business suppliers. Although not applicable to all Commonwealth entities, the underlying policy intent of the Act requires consideration.
In December 2020, the Australian Government introduced a new surveillance bill to provide the Australian Federal Police and the Australian Criminal Intelligence Commission with new powers to obtain warrants to tackle crime on the dark web. We look at the scope of those proposed new warrants.
The ACCC’s newly released proposed Mandatory Bargaining Code seeks to address concerns that Google and Facebook do not adequately compensate Australia’s traditional media companies for use of their content and the implications that this has for public interest journalism in Australia.
In early July 2020 the Attorney-General tabled in Parliament the review undertaken by the Independent National Security Legislation Monitor into Australia’s controversial Assistance & Access Act.
In light of recent action taken against Woolworths and Optus for breaches of the Spam Act, businesses should ensure they have processes and procedures in place to comply with this legislation.
The Australian Privacy Commissioner has signalled an intent to increase regulatory action and the Government is likely in the short term to introduce reforms to increase the penalties under Australia’s privacy legislation, though it is unlikely those reforms will result in an increase in class actions.
#Data & Privacy, #Technology, Media & Telecommunications
Our data & privacy team set out a comprehensive Q&A that answers common questions relating to Australia’s national privacy regulatory framework and data-related issues.
#Technology, Media & Telecommunications, #COVID-19
The Australian Government has announced a short term relief package, as well as progress on significant longer term regulatory reforms, for Australia’s media sector.
Tune into our latest analysis on the expected changes to Australia’s privacy regulatory landscape over 2020/21 in this webinar presented by partner Angela Flannery and senior associate Sarah Cass.
The OAIC issued its CDR Privacy Safeguard Guidelines on 24 February 2020, which is one more regulatory step forward in the implementation of the Consumer Data Right.
The final report from the Australian Competition and Consumer Commission’s Digital Platforms Inquiry noted that the ACCC was investigating the conduct of Google and Facebook in relation to a number of potential breaches of the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
It has been a busy year in the Australian media and communications sector. There is the constant arguing over the National Broadband Network (NBN) – both between political parties and the telcos themselves – and a Federal election in the early part of the year saw the re-election of the Coalition Government, and a new Communications Minister, with new priorities for the sector.
The Australian Competition & Consumer Commission has announced that it had commenced legal proceedings in the Federal Court against the online platform, HealthEngine Pty Ltd alleging that a number of its practices constitute misleading and deceptive conduct in breach of the Australian Consumer Law.
