This guide is general and is not intended to provide, and should not be relied on, as a source of any representation by AAkonsult. The information regarding AAkonsult Private Policy is for information only and should not be acted upon without specific legal advice on particular circumstances. AAkonsult carries on trade and commerce in Australia and outside of its territorial locality and scope. The nature of services provided by AAkonsult are such that individuals’ privacy require protection.
AAkonsult undertakes, its dealings to be bound by the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) as amended from time to time.
AAkonsult endeavours to incorporate in its Data Protection Agreements the standard contractual clauses for the transfer of personal data to third countries pursuant to General Data Protection Regulation (EU) 2016/679 (GDPR) approved by the European Commission from time to time, the approved version of which in force as at the time of this publication is as set out in the European Commission's Decision C (2021) 3972 of 4 June 2021 (available online) as such the standard clauses may be amended or superseded by the European Commission from time to time.
Whether a Data Protection Agreement is in place or not, any party dealing with AAkonsult, would nevertheless be bound by the GDPR standard contractual clauses relating to the protection of the individual’s privacy.
AAkonsult is also bound by the Privacy Act 1988 (Number 119, 1988) of the Commonwealth of Australia regarding data protection laws which aim to promote the protection of individuals’ privacy.
AAkonsult subscribes to the Office of the Australian Private Principle (APP) guidelines issued by the Office of the Australian Information Commissioner (OAIC) to interpret and apply the Privacy Act.
AAkonsult acknowledges that both the GDPR and the privacy laws of Australia promote the protection of individuals’ privacy.
Persons or entities including data controllers and data processors using any of AAkonsult products or services shall in the circumstances be bound by both laws noting that they are comprehensive in nature regarding material and territorial scope. AAkonsult advocates and adopts the GDPR insofar as it outlines the legal basis of processing, collecting by fair and lawful means and for lawful purposes any individuals’ personal information with the consent of such individual and for the purposes of such individuals’ or entities’ functions and activities.
AAkonsult acknowledges that any user, service provider, data controller or data processor using any of AAkonsult products or services for purposes of data collection shall do so in accordance with the provisions of the GDPR and Australian Privacy Laws. Accordingly, such key data rights are subject to the GDPR including the right to personal information with consent or by lawful means, the right to object, right to request that such data be deleted and the right to data portability.
All data controllers and data processors using AAkonsult products must, pursuant to the GDPR and its guidelines, maintain a record of the processing activities, conduct a data protection impact assessment and in certain circumstances, appoint a data protection officer.
AAkonsult sets out in its Data Protection Agreement the terms of engagement and use of its products and services by general users, data controllers and data processors (users). Such users would be liable for any monetary or administrative penalties including civil penalties and damages that may arise as a result of any data breach including penalties that may be imposed under the GDPR. Users of AAkonsult products would be liable pursuant to the data protection laws under both the GDPR and Australian Privacy Laws.
AAkonsult permits the use of its products only for purposes of obtaining an individual’s personal information where such information has been sought by consent or by lawful means and only for lawful purposes. Any data controller or data processor using AAkonsult products will likewise be bound to comply with AAkonsult policies and guidelines for the promotion and protection of individual’s privacy.
AAkonsult invites users of its products and services to seek independent legal advice regarding the provisions of the GDPR or the Australian Privacy Laws.