28/11/2025
Australia’s new privacy regime is raising the stakes for every organisation that handles personal data. The Office of the Australian Information Commissioner (OAIC) reforms, enacted via the Privacy and Other Legislation Amendment Act 2024 (which received royal assent in December 2024), bring expanded enforcement powers, new liabilities and heightened expectations for privacy-by-design in contracts.
As businesses update their vendor, data-sharing and technology contracts, here are five critical clauses you should prioritise:
• Data Use & Purpose Limitation: Explicitly state how personal information will be used, aligned with the APPs.
• Data Transfers & Overseas Disclosures: Include obligations around overseas recipients, assessments and APP 8 compliance.
• Security & Breach Notification Obligations: Require vendors to maintain appropriate technical and organisational measures and report eligible breaches under the NDB scheme.
• Audit & Access Rights: Include the right to audit compliance with privacy obligations and review data handling practices.
• Liability & Indemnity for Privacy Harm: Ensure accountability for serious invasions of privacy (new statutory tort) and specify liability for misuse of personal data.
At Anitech, we help organisations build contract-clause packs that reflect the new privacy-law landscape. And help businesses embed privacy by design from day one, so risk is managed, not ignored.
🔗 Contact us to get your data-privacy clause pack: https://hubs.li/Q03VKLTF0