The answer is mostly likely “yes”, even if you are a small business with annual turnover of less than $3,000,000.
Government agencies, private and not for profit organisations including individuals (e.g. sole traders), companies, partnerships, unincorporated associations, and trusts are all required to comply. There are exemptions. For example, small businesses (i.e. those with annual turnover of less than $3,000,000 and which are not for example related to a larger company that is subject to the Privacy Act) might be exempt in limited circumstances.
(a) the kinds of personal information that the entity collects and holds;
(b) how the entity collects and holds personal information;
(c) the purposes for which the entity collects, holds, uses and discloses personal information;
(d) how an individual may access personal information about the individual that is held by the entity and seek the correction of such information;
(e) how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
(f) whether the entity is likely to disclose personal information to overseas recipients;
(g) if the entity is likely to disclose personal information to overseas recipients, the countries in which such recipients are likely to be located if it is practicable to specify those countries in the policy.
Contact our Sydney business lawyers for assistance in relation to the above. Our commercial lawyers, business lawyers, and disputes lawyers provide expertise in corporate and commercial advisory services as well as litigation and dispute resolution. Take a look also at a sample selection of our more basic fixed fee legal services.
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Sydney NSW 2000
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The information provided in this article is provided by way of general information only. It does not constitute legal advice, and should not be relied upon as such. Specific independent legal advice should be obtained before deciding to act, or not to act, upon the views expressed or information contained in this article.
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