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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.

Lyn has been listed in The Best Lawyers in Australia guide as a leading lawyer for Privacy and Data Security Law for 2023 and she has been recognised as a thought leader in the Mondaq Thought Leadership Awards for Australia for Autumn 2021 in Intellectual Property and Spring 2022 for Data Protection.

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

30 November 2022 - Knowledge

Privacy Commissioner calls out implications of the Optus and Medibank data breaches

#Data & Privacy

Recent breaches have spawned new higher penalties being legislated and the Privacy Commissioner declaring a “wakeup call” has been issued.

04 October 2022 - Knowledge

Optus data breach: Lessons for CEOs, Legal Counsel and Chief Risk Officers

#Data & Privacy

Beyond the cyber and privacy issues, there are broader governance and risk lessons that can be learned from the recent Optus data breach. We deep dive into three key areas that require C-suite attention – current risk processes and assessments, regulatory risk estimation and lessons from the past.

04 October 2022 - Knowledge

Automated decision-making: The importance of human oversight and transparency

#Data & Privacy

The use of automated systems and artificial intelligence is on the rise. We look at some common pitfalls and lessons for businesses and governments when implementing automated decision-making.

24 August 2022 - Knowledge

Director Identification Number applications (for long-term directors) close 30 November 2022

#Corporate & Commercial Law

Applications for existing directors close in three months, and individuals intending to become new directors cannot be appointed until they apply. We set out the application requirements and how to prepare.

17 August 2022 - Knowledge

NSW Government Bulletin

#Government, #Data & Privacy

In this edition, we remind government agencies that the use of automated decision-making tools need to be balanced against transparency and explainability requirements.

11 May 2022 - Knowledge

Takeaways from Privacy Awareness Week

#Data & Privacy

Following our discussions during Privacy Awareness Week 2022, we look back at three cases from the past year that have highlighted how technology can be used to erode trust and how it can be used to enhance trust in the future.

04 May 2022 - Knowledge

Why conduct a privacy audit of your organisation?

#Data & Privacy

It is highly recommended that organisations consider taking part in a privacy audit where possible, to ensure that their data storage and policies comply with the Privacy Act, safeguarding them from future complications.

06 April 2022 - Knowledge

Regulators team up to tackle Big Tech

#Data & Privacy, #Technology, Media & Telecommunications

Four of Australia’s key regulators have joined forces to set up a national forum to share best practices and streamline digital platform regulation in Australia.

10 November 2021 - Knowledge

ASIC publishes whistleblower policy review

#Corporate & Commercial Law, #Workplace Relations & Safety

Nearly two years on from the introduction of Australia’s new whistleblower protection regime, ASIC gives feedback to covered entities on their whistleblower policies.

08 September 2021 - Knowledge

COVID-19 privacy principles for handling personal data

#Data & Privacy, #Technology, Media & Telecommunications, #COVID-19

Australia’s key privacy authorities have jointly issued five privacy principles to guide policymakers and businesses in a universal approach to handling personal information during the pandemic.

21 July 2021 - Knowledge

NSW Government Bulletin

#Government, #Data & Privacy

In a report released last week, the NSW Auditor-General found that Transport for NSW and Sydney Trains are not effectively managing their cyber security risks.

09 June 2021 - Knowledge

NSW Government Bulletin

#Government, #Data & Privacy

The NSW Information and Privacy Commission has identified common privacy risks across digital projects seeking funding from the Digital Restart Fund in a recent regulatory advice for state government agencies.

26 May 2021 - Knowledge

NSW Government Bulletin

#Government, #Data & Privacy

The 2021 NSW Cyber Security Strategy will see NSW become a world leader in cyber security, with government agencies tasked to lead by example in best practice and cyber resilience.

12 May 2021 - Knowledge

NSW Government Bulletin

#Government, #Data & Privacy

All NSW government agencies and departments will need to notify the Privacy Commissioner and affected individuals when a data breach is likely to result in serious harm under a new mandatory data breach notification scheme.

24 March 2021 - Knowledge

The data economy – how does it impact my business?

#Data & Privacy

In this week’s feature, we provide businesses with an overview of Australia’s data regulation and discuss how they can derive economic value from data in the digital age.

03 February 2021 - Knowledge

NSW Government Bulletin

#Government

We look at the NSW ICAC’s latest advice on developing a fraud and corruption control policy and consider why it is important for government agencies to revisit their existing fraud and corruption control framework now.

22 January 2021 - Knowledge

Manage your collaboration with care, not complacency

#Data & Privacy

The recent OAIC determination on Flight Centre’s data breach is a stark reminder on how collaboration events can quickly nosedive after a customer data leak.