Fintech, payments and data

We assist clients with digital strategy, including regulatory, infrastructure, compliance, risk, data, privacy, and cybersecurity aspects. We advise a broad range of businesses, new entrants, and startups across the financial services sectors to manage and respond to innovation and new technology; including:

• cloud 
• data outsourcing
• artificial intelligence
• distributed ledger technology 
• technology platform arrangements

We advise on range of legal and regulatory matters in developing, operating and distributing payment systems and trading platforms particularly at the leading edge, including:

• Card networks and payment systems and stored value cards
• Non-cash payment arrangements
• Custodial and depositary arrangements
• Digital and virtual/cryptocurrencies
• Distributed ledger technologies
• Money transmission, electronic and mobile payments
• Digital and online banking and technological change in financial intermediation 

We assist clients to develop, deploy and transition to new compliance and risk management technologies. Our expertise covers:

• Regulatory and compliance technology adoption
• Innovation and investment in regulatory technology

We work closely with clients to implement, transition to, acquire and integrate new wealth technology strategies including:

• Digital technology advisory and trading platform services
• Adviser dashboards
• Digital assets
• Custody and asset holding arrangements 
• Digital and machine learning

We understand the complex pricing, service level, and governance mechanisms that are necessary for IT infrastructure arrangements to protect a business. We work closely and effectively with clients to effectively manage new IT strategies and to achieve success for their business. Our expertise covers:

• Structuring
• Drafting and negotiating IT infrastructure arrangements

We understand the importance of business goodwill and intellectual property and the need to protect core assets in licensing arrangements, including with relevant stakeholders such as business owners, contractors, distributors and other technology companies. Our expertise covers:

• Structuring
• Negotiating software licensing and development arrangements
• Drafting agreements and alliance arrangements

We assist clients to develop and implement outsourcing strategies across multi-sourced and cross border environments and we advise financial institutions on their financial services legal and regulatory obligations and industry practice. Our expertise covers all stages of outsourcing arrangements including:

• Strategy development
• Tender
• Infrastructure
• Contract negotiation and drafting agreements 
• Post-contract management

Data is critical infrastructure for a business and is subject to increasing regulatory obligations. We advise businesses on data arrangements for new products and services supporting revenue lines through service provider and outsourcing arrangements and regulatory compliance. 

We advise on all aspects of the collection, use, management, storage, and disclosure of data and personal information. We assist clients to assess their risk profile and to help them develop appropriate policies to manage their data and information including to develop practical and sustainable privacy and data collection policies, tailored to suit a client's business.

Our expertise covers laws regulating sensitive information and secret information such as:

• Privacy Act
• Consumer Data Right
• EU GDPR, State and Territory privacy laws
• Do Not Call Register Act 
• Spam Act
• Anti-money laundering and counter terrorism financing legislation 
• Secrecy provisions in legislation

We are experienced in advising on cyber security and we frequently work with related professionals including forensic technology specialists and public relations consultancies, as well as coordinating with cyber risk insurers and law enforcement authorities if appropriate. Our expertise includes:

• Preparing business continuity plans
• Disaster recovery
• Cyber security plans
• Responding to actual or suspected unauthorised network and data access 
• Other cyber security events from fraudsters, hackers, insiders and nation-state actors
• Seeking and obtaining urgent court orders in the event of actual, or threatened security incidents

We assist clients to negotiate cloud computing transactions for private and public arrangements. Our expertise covers:

• Implementation of cloud-based IT strategies
• Managing onerous risk and compliance obligations in the legal, regulatory and operational environments.