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Caitlin Whale

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Caitlin Whale is a partner in the Technology, Communications and Commercial team. She advises on technology, outsourcing and commercial law issues. Caitlin advises on technology and rights-specific issues in large corporate and commercial transactions, and has experience in managing multi-territory licensing and divestments for multi-national clients. She has extensive experience in advising on a range of commercial arrangements, including licence and software agreements, research and development and collaboration agreements, supply agreements and distribution agreements. Caitlin has experience in rights management and enforcement, advising on the ownership, registration, exploitation and protection of copyright, trade marks and designs. She has represented rights-owners and users and has particular experience in relation to online infringement issues.

On 26 March 2024, the Australian Senate resolved to establish the Select Committee on Adopting Artificial Intelligence (“Committee”) to inquire into and report on the opportunities and impacts arising out of the adoption of AI technologies in Australia.
The Committee’s inquiry provides an important opportunity for Australian companies to shape the future direction of Australia’s AI-related regulatory reforms as the Government continues to formulate its position on the regulation of AI.

The Australian Government’s interim response to the “Safe and responsible AI in Australia” discussion paper flags a risk-based approach to AI governance in Australia including a mix of voluntary AI safety standards, voluntary labelling and watermarking for generative AI and the development of mandatory guardrails with a particular focus on high-risk and frontier AI applications.

The Australian Government has released its much-anticipated response to the Commonwealth Attorney-General Department’s report on its review of the Privacy Act 1988 (Cth). The Report recommended wholesale amendments to Australia’s principal privacy legislation and contained 116 proposals for consideration by the government.

On 22 July 2023, the Competition and Consumer (Consumer Data Right) Amendment Rules (No. 1) 2023commenced. The amending rules enhance the existing Consumer Data Right (CDR) regime for business consumers by improving access to and use of CDR data for businesses and enabling more participants in the CDR regime to use third-party service providers.