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Expertise

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.”

Publications

01 October 2021 - Knowledge

Public sector procurement: A highly skilled profession

#Government, #Procurement

The Australasian Procurement and Construction Council is the peak council for Australian and New Zealand government agencies with responsibilities relating to procurement, construction and asset and real property management.

01 October 2021 - Knowledge

National Cabinet Unlocked: AAT issues Freedom of Information ruling

#Government

A recent decision aims to lift the lid on National Cabinet meetings, concluding that the National Cabinet is not a committee of the federal Cabinet and minutes of its meetings and similar do not fall within the Cabinet documents exemption under the Freedom of Information Act 1982.

29 September 2021 - Knowledge

Australian Competition and Consumer Commission releases its final report from the Adtech Inquiry

#Technology, Media & Telecommunications

The recently released final report from the Australian Competition and Consumer Commission’s (ACCC) Adtech Inquiry has recommended substantial regulatory reform to address the ACCC’s competition concerns.

15 September 2021 - Knowledge

NSW Government Bulletin

#Government

In this edition, we take a look at the New South Wales’ freedom of information regime, and the “Right to Know Week NSW 2021” to be held in conjunction with the upcoming International Access to Information Day.

24 August 2021 - Knowledge

Peering into Google’s state of mind: Potential penalties in the ACCC’s location data misleading and deceptive conduct case

#Technology, Media & Telecommunications, #Data & Privacy

The Australian Competition & Consumer Commission and Google are contesting the penalties that will be imposed on Google for breaching the Australian Consumer Law in relation to its location data collection practices.

10 August 2021 - Knowledge

Would a bargaining code promote competition in the provision of digital wallet services for the benefit of Australian consumers?

#Technology, Media & Telecommunications

Bargaining power imbalances between Australian banks and both Apple and Google in relation to digital wallet services raise the possibility that the Australian Government may implement a mandatory bargaining code to enhance competition.

26 July 2021 - Knowledge

Australian Competition and Consumer Commission turns its attention to online marketplaces

#Technology, Media & Telecommunications

The Australian Competition and Consumer Commission has announced that the next digital sector it will investigate as part of its five-year Digital Platform Services Inquiry is the provision of online retail marketplaces.

13 July 2021 - Knowledge

Recent judicial consideration of the tele-communications carrier powers and immunities regime: Broad interpretation given to “maintenance”

#Technology, Media & Telecommunications

In a recent decision the Federal Court has confirmed that the right given to telecommunications carriers under Schedule 3 of the Telecommunications Act 1997 (Cth) to undertake maintenance work is to be broadly construed.

07 July 2021 - Knowledge

NSW Government Bulletin

#Government, #Procurement

The Australasian Procurement and Construction Council has commenced a process to professionalise public sector procurement in public sector jurisdictions across Australia and New Zealand. We take a look at the strategy and its implications.

17 June 2021 - Knowledge

A final word on privacy

#Data & Privacy, #Government

The Office of the Australian Information Commissioner announced on 26 May 2021 that it is undertaking an assessment of compliance with section 15.1 of the Privacy (Australian Government Agencies – Governance) Code 2017.

17 June 2021 - Knowledge

Data Sovereignty and the Digital Transformation Agency’s Hosting Certification Framework

#Data & Privacy, #Government

The Digital Transformation Agency established a new Hosting Certification Framework in April 2021 which, reflecting Commonwealth Government concerns as to data sovereignty, will be rolled out over the next year to providers of hosting and related data centre services to Commonwealth agencies.

06 May 2021 - Knowledge

This Privacy Awareness Week we take a quick look at some of the possible reforms that may come out of Australia’s Privacy Act Review

#Data & Privacy, #Technology, Media & Telecommunications

The Australian Government is currently conducting a comprehensive review of the Privacy Act 1988 (Cth). This Privacy Awareness Week we take a quick look at some of the possible reforms that may be made as a result of this review, and the potential influence of approaches taken in privacy regulation in other jurisdictions.

14 April 2021 - Knowledge

NSW Government Bulletin

#Government, #Technology, Media & Telecommunications

We take a look at the NSW Government’s approach to using artificial intelligence as the Government seeks feedback on its artificial intelligence strategy and ethical framework.

14 April 2021 - Knowledge

ACCC continues to investigate the Australian ad tech services market while litigation in the United States heats up

#Technology, Media & Telecommunications, #Data & Privacy

With the final stage of the ACCC’s Ad Tech Inquiry underway, Australian ad tech market participants are closely watching developments in international antitrust proceedings against the major digital platforms.

09 April 2021 - Knowledge

The updated Commonwealth Procurement Rules: An emphasis on SMEs and sustainability

#Government, #Procurement

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.

08 April 2021 - Knowledge

Payment Times Reporting Act 2020 (Cth): A reminder about Australia’s new regime for reporting on payment times

#Government, #Procurement

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.

25 January 2021 - Knowledge

Australia’s proposed new surveillance legislation: Combatting the dark web

#Data & Privacy

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.

05 August 2020 - Knowledge

Hitting it out of the park: The ACCC’s draft News Media and Digital Platforms Mandatory Bargaining Code

#Technology, Media & Telecommunications

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.

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