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New resource from Practical Law Commercial: Legal update: case report, Installing cookies and providing an app interface indicate Facebook Inc carried on business in Australia under Privacy Act

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Content updates

The decision in Facebook Inc v Australian Information Commissioner provides valuable insights into the scope and operation of the extra-territorial application of the Privacy Act, especially for foreign entities conducting digital businesses.

This update considers the decision in Facebook Inc v Australian Information Commissioner and the factors relied on by the FCAFC to determine whether Facebook Inc, an overseas entity conducting a digital business, was prima facie "carrying on a business" in Australia and had "collected or held personal information of Australians" and therefore had an "Australian link" for the purposes of the extra-territorial application of the Privacy Act.

By Practical Law Commercial Team

Practical Law Australia’s expert legal writers have practical expertise gained from some of the country's leading law firms and corporate legal departments, including Ashurst, Baker & McKenzie, Gilbert + Tobin, Herbert Smith Freehills, the Australian Broadcasting Corporation (ABC) and more. They understand the pressure to deliver timely and cost effective legal advice, which is why Practical Law’s fully maintained practice notes, precedents, drafting notes and checklists offer clear and concise know-how with a practical perspective.

For more information on Practical Law Australia’s legal writing team, visit legal.thomsonreuters.com.au/practical-law-team

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