With information as the lifeblood of the new economy, and digital disrupters transforming how we think and work, concerns grow over privacy and data protection. How can the law keep pace with technology?
A modern society has to reconcile the issues, enabling the benefits of online tools while taming fears of big data and media access to everything we do. That is a pressing set of legal issues for courts and policy-makers in future.
Gary enjoys working with technology companies at the forefront of new digital, media and internet waves. They might be start-up new entrants, treated as mavericks challenging an out-dated legal framework, or alternative established players trying to adapt and innovate to stay ahead. FinTech and blockchain work is a growing field of challenging legal topics.
He has experience with media law and broadcasting sector regulatory issues, navigating local and central government official information regimes, and handling privacy/cyber risk problem areas.
For information on New Zealand’s privacy regime, see the Privacy Commissioner’s website here.
CASE EXAMPLES AND EXPERIENCE
- Uber B.V – representation in successfully establishing its New Zealand presence, including a range of commercial, promotional and regulatory issues.
- Advising cryptocurrency or virtual asset service provider (VASP) businesses, including on the Parliamentary Select Committee 2021 Cryptocurrency Inquiry.
- Helping firms assess when a mandatory data breach notification is required under the new Privacy Act 2020.
- Optal/WEX – assisting global payments platform business on privacy and fin-tech regulatory issues with business model in New Zealand
- Representing parties in contested complaints process with bodies such as Advertising Standards Authority and Media (Press) Council.
- Advising a Swiss based multi-national bank on data protection and transfer issues across borders,
- Acting for a fin-tech company in dispute with a mainstream banking institution (contractual and competition law elements).
- Freeviewnz.tv – advising NZ’s terrestrial digital television platform on regulatory issues.
- Handling defamation claim, and settlement, involving Radio New Zealand.
- Advising real-estate industry auction live-streaming app business Gavl.com
- YourDrive.co.nz – New Zealand start-up platform operating in the heavily regulated transport sector.
- Representing online finance/lender platforms dealing with issues under the Credit Contracts & Consumer Finance Act.
- Air New Zealand – advising on a variety of privacy, database usage, or marketing promotional issues.
- Official Information Act requests and complexities of release of data, including appeals using the Ombudsmen process.
- TVNZ – advising New Zealand’s largest broadcaster on competition and media market issues, or Commerce Commission inquiries.
- Office of the Privacy Commissioner investigation – into Credit Reporter Code issues.
- Representing a media broadcasting organisation in Commerce Commission investigation into unclear online/text promotional events.
- Handling commercial disputes for a software company specialising in serving the print and publishing industry.
- Advising a range of sports industry, advertising, sponsor, media, and event management firms on comparative advertising disputes, Fair Trading Act liability and the Major Events Management Act (ambush marketing controls).
- Successfully resolving a contract dispute and contested summary judgment for an Internet Service Provider business.
- Vodafone NZ – handling regulatory or commercial industry investigations into UBA & SLES (Telecom NZ Wholesale Undertakings breach); Rural Broadband Initiative and fibre rollout; Mobile Termination Rates Inquiry.
While working for 4 years in London, Gary handled commercial and contract disputes for Hewlett Packard UK, as well as internet domain name registration disputes (cyber-squatting cases), and insurance claims for data loss/liability, cyber-risks and specialist software covers.
For posts on Privacy or Data Protection issues click here.