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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

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.

18 June 2019 - Knowledge

Privacy breaches in the workplace: Why employers need to think twice before diving into the latest technology

#Data & Privacy

A recent case where an employee was dismissed for refusing to give his fingerprint record to his employer has prompted significant debate about privacy issues in the workplace. The dismissal was ultimately found to be unfair and the employer in breach of privacy laws but the case has raised some important privacy issues. We list the key privacy lessons from the case and outline how employers can create a robust privacy and data protection environment.

14 May 2019 - Knowledge

Don’t be in the dark on risks relating to privacy!

#Data & Privacy

Don’t be in the dark on risks relating to privacy! General Counsel Lyn Nicholson recaps the Global Privacy summit and the impact data risk has on businesses globally.

12 March 2019 - Knowledge

Do human directors have an advantage over robot directors? Yes it would seem, in some areas

#Corporate & Commercial Law

At the Australian Institute of Company Directors Annual Governance Summit recently, much of the discussion centred around the fallout from the Hayne Royal Commission and what that meant for directors.

06 March 2019 - Knowledge

NSW Government Bulletin

#Government

The 2017-2018 Report on the Operation of the Government Information (Public Access) Act 2009 (the GIPA Act) (Report) prepared by the NSW Information and Privacy Commission was released on 28 February 2019.

06 March 2019 - Knowledge

Is your business ready for a data breach?

#Data & Privacy

Is your board asking about what steps you have in place in order to deal with a crisis? Has your executive team done the preparation to manage a suspected breach? We outline why it is crucial to plan now, before a crisis breaks.

12 December 2018 - Knowledge

The Equifax data breach – A last 2018 word from the US House of Representatives

#Data & Privacy

While we thought the UK fine for Equifax was the last word on the topic for 2018, the US House of Representatives Committee on Oversight and Government Reform released its report into the 2017 Equifax data breach.

04 December 2018 - Knowledge

Are boards skilled for managing technological risk?

#Data & Privacy

The Governance Institute of Australia recently held their annual conference with a focus on considering the risk universe and in particular, the board skills necessary for dealing with technological risk.

13 November 2018 - Knowledge

ASIC’s new approach to regulation by embedding supervisory staff in banks

#Competition & Consumer Law

ASIC chairman James Shipton announced plans to embed teams of up to 20 ASIC agents for weeks at a time to sit with bank staff, drop into meetings and trail the CEO, executives and directors to identify misconduct before it arises.

08 November 2018 - Knowledge

Draft legislation to strengthen penalties for corporate and financial sector misconduct

#Corporate & Commercial Law

In late September the Government released the Treasury Laws Amendment (ASIC Enforcement) 2018 Bill (Bill) seeking consultation from the public in relation to its proposed reforms. The Bill seeks to amend the Corporations Act, ASIC Act, Credit Act and the Insurance Contracts Act in response to a number of recommendations made in the ASIC Enforcement Review Taskforce report.