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.”
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.
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.
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.
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.
#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.
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.
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.
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.
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.
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.
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.
#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.
#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.
#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.
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.
