Digital Retail, Data, Privacy and Cyber in Consumer & Retail

Digital capability now sits at the centre of consumer and retail business models. Online marketplaces, AI-enabled pricing tools, loyalty ecosystems and customer analytics are reshaping how businesses reach customers, personalise offerings and scale across both physical and digital channels.

These digital ecosystems rely on the effective use of customer data, sophisticated platform infrastructure and complex technology partnerships. How those systems are structured, and how data is collected, used and secured, increasingly attracts scrutiny under privacy, consumer and competition laws.

We help clients design and operate digital platforms and data strategies that support innovation and commercial growth while managing regulatory and cyber risk.

Our experience spans:

  • eCommerce platform structuring and marketplace terms

  • Online contracting and consumer-facing terms

  • Customer data use and governance

  • AI-enabled pricing, personalisation and automated decision systems

  • Privacy Act compliance and regulatory engagement

  • Cyber resilience, incident response and data breach management

  • Payment platforms, BNPL and embedded finance arrangements

  • Vendor, SaaS and technology contracting

We work closely with boards, general counsel, technology leaders and risk teams to embed digital governance frameworks that enable innovation while protecting consumers and brand value.

Experience

Toyota

Advised Toyota Australia on a wide range of privacy matters including data sharing arrangements, developing privacy documentation and advising on the privacy impact of proposed uses of customer information.

adidas

Advised adidas in relation to the privacy implications of personal information collected in Australia being held on overseas servers, as well as in relation to the privacy implications of a range of sponsorship and promotional activities conducted by adidas.

Online e-Commerce Marketplaces and Platforms

Advising multinational and Australian online marketplaces and e-commerce platforms on establishment, operation, consumer-facing terms, platform governance and regulatory risk. Our experience includes advising on the launch of digital marketplace offerings, market entry strategies and compliance with consumer, competition and platform regulation across both physical and digital retail channels.

Major International Retailer – Cyber Breach

Advised a major international retailer on its response to a multi-jurisdictional data breach, including Privacy Act notification obligations, customer communications, OAIC engagement, credit monitoring arrangements and management of subsequent customer and regulatory complaints arising from the incident.

Mobile Payments Products

Advising consumer-facing businesses on digital payment initiatives involving Near Field Communication (NFC) and mobile-enabled transaction technologies, including regulatory, structuring and implementation issues associated with emerging consumer payment products and digital commerce platforms.

Major Cosmetics Retailer

Advised one of Australia and New Zealand's leading cosmetics retailers on the procurement and implementation of a major enterprise resource planning (ERP) system to support its continued growth and business transformation. Our role encompassed strategic procurement advice, contractual structuring, risk assessment, negotiation and transaction execution.

Multi-National Gaming Company

Provided advice to a multi-national gaming company in relation to privacy issues associated with cloud storage of personal information.

Major National Retailer

Acting for a major national retailer in its procurement of critical IT products and services for its retail stores.

Digidirect

Advising Digidirect on a consumer investigation, as well as marketing and competition compliance across both its brick-and-mortar and online retail operations.

Our team to support you

Insights
OAIC determines the use of tracking pixels “did not track”
8 Jul 2026 | Article
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