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Expertise

Lyn Nicholson is a General Counsel in the Corporate & Commercial group of Holding Redlich with a broad wealth of corporate and commercial experience. Lyn has significant expertise advising on complex corporate transactions.

Experience

Lyn’s commercial experience has focused on intellectual property and information assets which have involved various technologies and regulatory regimes. Lyn’s experience includes developing and implementing privacy and information security policies and negotiating contracts for the exploitation of information assets. Lyn has significant experience in privacy and spam regulation.

Lyn advises on directors’ duties and a range of practical governance issues for both listed and unlisted companies.

Lyn advises clients on a range of corporate issues including: 

Data protection and privacy

  • data breach planning, investigation and response
  • responding to regulator investigations and enquiries
  • policies, procedures and playbooks for common issues
  • data security advice
  • GDPR documentation and advice
  • information governance frameworks.

Mergers and acquisitions

  • sale of business
  • restructuring, demergers and spin-offs
  • documentation for shareholder meetings to obtain approvals for significant transactions
  • joint ventures.

Corporate governance

  • advising boards on corporate governance principles and ASX Corporate Governance Council's recommendations
  • developing corporate governance policies, charters and procedures, and assisting management in practical implementation
  • auditing existing corporate governance practices and procedures and providing recommendations for improvement
  • acting as independent expert to assess regulator enforceable undertakings for ASIC and ACCC.

Regulatory compliance

  • advising and acting in regulatory investigations and complaints by the OAIC, ASIC and ACCC
  • advising on responses (written and verbal, including appearances before) government enquiries
  • Privacy Act, Spam Act  and GDPR
  • Corporations Act 2001 (Cth) and ASIC regulatory requirements
  • ASX Listing Rules
  • constituent documents.

Company secretarial

  • acting as secretary and registered office for foreign corporations
  • preparing board and committee meeting papers, notices and agendas and minutes
  • drafting notices and explanatory memorandums for shareholder meetings
  • management of shareholder meetings
  • preparing ASX announcements and ASIC notifications
  • liaising with ASIC, ASX and other regulatory bodies.


Publications

07 July 2020 - Knowledge

The importance of a crisis-proof strategy

#Data & Privacy

The old saying “never waste a good crisis” has never been as relevant as it is now. Many organisations are facing business issues in circumstances they never expected and are needing to respond in agile ways.

03 June 2020 - Knowledge

Working from home and delegated authorities

#Corporate & Commercial Law

When there aren’t clear rules around what people are empowered to do or not to do when working outside the office, there can be adverse consequences. What can businesses do?

13 May 2020 - Knowledge

Your data questions answered

#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.

13 May 2020 - Knowledge

Virtual Governance and Risk Management Forum 2020 – regulatory efforts in response to COVID-19

#Data & Privacy, #COVID-19

We highlight key insights from the forum, including how regulatory bodies like the ASX can ensure flexibility in regulatory obligations while maintaining the integrity of the system during the pandemic.

08 May 2020 - Knowledge

Data deletion policies – do you have one?

#Data & Privacy

The Privacy Act requires that organisations take all reasonable steps to destroy or de-identify personal information when it is no longer necessary – does your organisation?

27 April 2020 - Knowledge

Signing documents in a WFH world – NSW moves into digital mode

#Corporate & Commercial Law, #COVID-19

Public health concerns have many decision makers working remotely, how can they sign new contracts and agreements?

15 April 2020 - Knowledge

NSW Government Bulletin

#Government

On 27 March 2020, State and Commonwealth privacy regulators convened a National COVID-19 Privacy Team to ensure a coordinated response to deal with the impact of COVID-19.

25 March 2020 - Knowledge

Privacy of employees and others in 2020

#Data & Privacy

Public health concerns have heightened awareness of sharing important information, but what are the limits?

11 March 2020 - Knowledge

Australian Information Commissioner takes Federal Court action against Facebook

#Data & Privacy

The Australian Information Commissioner has taken Facebook to court for difficult to use settings that consumers could not easily use that enabled a third party app to harvest personal information of both the users of the app and their Facebook friends.

10 December 2019 - Knowledge

Employment and privacy in the surveillance age

#Data & Privacy

Employers collecting employee data to manage risk and business activities will need to exercise caution, a recent media report suggests. We outline the complex legal issues.

26 November 2019 - Knowledge

NSW Government Bulletin

#Government

The NSW Government has invested $88 million on fixed and portable cameras that detect motorists using mobile phones, to be placed at approximately 45 locations across the state by this December. Unlike speed cameras, there will be no warning signs to alert motorists of their locations as they move around the state. 

21 November 2019 - Knowledge

ASIC releases whistleblower guidance ahead of implementation of new laws

#Corporate & Commercial Law, #Workplace Relations & Safety

The Australian Securities and Investments Commission has released guidance for upcoming changes to the Corporations Act that will require large proprietary and public companies to have whistleblower policies in place by 1 January 2020.

23 October 2019 - Knowledge

Privacy in 2019: Breaches are up but fines are down?

#Data & Privacy

In our last instalment on the IAPP EY 2019 Privacy Governance Report, we look at why enforcement actions don’t catch up with the high number of data breaches.

16 October 2019 - Knowledge

Privacy in 2019: A growing demand for individuals accessing their personal data

#Data & Privacy

Results from the 2019 Privacy Governance Report released by EY and the International Association of Privacy Professionals are telling. We deep dive into the chapter devoted to data subject requests, also known as data subject access requests, and consider what is happening in the US and the EU with individuals seeking access to their data and how it is impacting businesses.

09 October 2019 - Knowledge

Privacy in 2019: Who’s in your privacy team?

#Data & Privacy

In the second of our series on the IAPP EY Privacy Report, we look at the global trends and changing face of privacy management within organisations, and the long-running question of where privacy should, and does, fit within the executive management team.

30 September 2019 - Knowledge

Privacy in 2019: How does your privacy budget compare?

#Data & Privacy, #Technology, Media & Telecommunications

Over the next five weeks, we take a look at key takeaways from the recently released Privacy Governance Report. This week: Why privacy budgets need to increase to respond to the upsurge in regulation.

13 August 2019 - Knowledge

Privacy by Design, AI and ethics: The big topics for privacy professionals

#Data & Privacy

Showing we have a strong and engaged privacy community in Sydney, we had an excellent discussion at a well-attended event hosted by Holding Redlich yesterday evening. We wrap up the key issues.

23 July 2019 - Knowledge

Equifax fined – isn’t this old news?

#Data & Privacy

This is a new fine and it is not old news and in fact, this article is the sixth article we have written on various implications of the original September 2017 Equifax data breach.