Technology, Media & Telecommunications

Our TMT group is focussed on the acquisition, use and application of digital technologies, in all their manifestations. Our mix of highlevel legal, technological and commercial expertise enables us to understand technology and business-related risk issues that organisations are often unaware of. We have the insight to see opportunities and deliver solutions that may not be apparent to other lawyers. And importantly, we can provide these solutions anywhere in the Asian region.

On top of the issues

Our lawyers combine highly developed legal skills with technical knowledge and business acumen. Our services extend beyond a strictly legal role, with our lawyers acting as tacticians and strategists to comprehensively identify and address your commercial needs as well as your legal ones. We are actively involved in law reform in the digital age, on top of technological and regulatory change, and have a first hand understanding of the IT industry.

Whatever your need, whatever your industry

Our services cover all the digital and technology issues our clients are likely to face. These range from electronic transactional work to privacy on the Internet; from software development, licensing and maintenance agreements to strategic advice on business process outsourcing. We apply our skills in the context of your business, and have particular experience in the application of technology in the banking and financial services area, general service delivery and manufacturing areas. We have acted for global IT suppliers, governments, banks, and a diverse range of businesses.

Our Asian network of offices allows us to provide an integrated service wherever you do business, so that when you seek advice, we can provide it efficiently, quickly, and always with the same high level of quality.

Innovative yet commercial

The strength of our service is a result of our practical experience. Many members of our team have worked as in-house counsel and/or in the IT industry generally. With that knowledge, we know when clients are not getting the best possible outcome, and how to achieve a successful commercial resolution. We put innovation into practice while building individual relationships with our clients so that time and time again the outcomes exceed our clients’ expectations.

Our services

As you would expect, our services cover everything from advice to implementation:

• advice on all online issues including e-commerce strategies, hosting and content privacy
• information technology development and implementation advice
• outsourcing, including business processes outsourcing and system outsourcing
• e-security, including policy development, practices and procedures guides and reviews
• systems procurement, including all the processes which may sit around such exercises including specification preparation, RFT and similar documentation and evaluation and review
• public key infrastructure (PKI) system development
• identity management and authentication
• intellectual property protection
• commercialisation of technology products
• preparation of GITC based contracts
• technology specific due diligence

By quickly recognising the shifts and trends in the digital industry, and participating in the development of legislation and guidelines, we are at the forefront of providing highly technical legal advice that moves with the times.

Outsourcing

We make a point of getting to the essence of the deal when it comes to IT outsourcing, with the aim of resolving the technical and commercial issues as well as the “legals” to give you the best possible solution. We get to know your business, your objectives, and your culture – so when an agreement is put in place it works for you.

Public key infrastructure

We are the only Australian law firm to have assisted in the successful onboarding by a bank into the Identrus® Trust system. We have significant knowledge of the systems and documents which underpin the use of public key infrastructure (PKI), and the identity requirements for certificate issuance.

E-security

Increased reliance on technology means the need has never been greater for clients to safeguard critical assets and take steps to protect the integrity and confidentiality of their business information. Deacons co-authored Australia’s first book on managing the legal risks associated with e-security.

Project management skills

We have equipped our lawyers with project management skills so we can take an active role in this process where required. Increasingly we find that with larger technology projects, especially outsourcing and procurement, this is an area where our contribution is most valued, both in timely delivery and to eliminate surprises.

To see our credentials, give us a call.

The Fuji Xerox Australian Law Awards 2006

Deacons is delighted to announce that we were runner up in the category Highly commended: The Winscribe IT, IP & Telecommunications Award recently, at the Fuji Xerox Law Awards 2006.

View Award

• Deacons in the press: Confessions of a shady underhand domain name

  In June this year auDA, the regulatory body for Australian domain names, introduced a new policy allowing open trading in .au domain names, reports ITWire, 22 September 2008. ITWire notes that Deacons senior associate Michael Park, commenting on the upcoming policy change earlier this year, was far from convinced that legitimising this supposed 'black market' would make much of an impact.

  24 Sep 08 Kate Alexander, Michael Park

• Legal update: “Guide to Handling Personal Information Security Breaches” is now available

  On 25 August 2008, the Australian Privacy Commissioner released a data breach guide for use by businesses, agencies and non-government organisations in preventing and, if necessary, responding to a data breach.

  27 Aug 08 Phillip Kong

• Deacons in the press: Virtual World Here to Stay, Lawyers Must Adjust

  The ABA Journal has written an article on a speech presented by Deacons partner, Nick Abrahams, at the American Bar Association's Annual Meeting on virtual organisations and how they're changing the legal profession, 10 August 2008.

  13 Aug 08 Nick Abrahams, Kate Alexander

• Deacons in the press: In cyber world it's not easy being king of your domain

  Large, well known companies do not have a greater legal right to a specific internet domain name than smaller business enterprise reports, The Australian Financial Review, 1 August 2008. Michael Park, senior associate at law firm Deacons explains: "the person who has the business name has an equal right, is equally eligible, to have that domain name as the trademark owner."

  5 Aug 08 Kate Alexander, Michael Park

• Legal update: Domain name gold rush on the horizon

  Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for the internet domain name system, has recently approved draft proposals that would see the biggest ever expansion of domain name choice.

  11 Jul 08 Michael Park

• Deacons in the press: Lawyer hoses down .au domain 'gold rush' claims

  Michael Park, Deacons senior associate commented on the new policy allowing open trading in .au domain names saying it is "unlikely to have any significant impact other than to streamline the transfer process and enable domain name registrants and prospective registrants to make informed decisions in relation to the value of their domain names," reported iTWire, 2 June 2008.

  6 Jun 08 Michael Park , Mary-Anne Webb

• Deacons in the press: social networking

  The release of Deacons Social Networking Survey last month attracted widespread media interest including the Australian Financial Review, Business Spectator, Age, News.com.au, Macquarie Radio Network, SmartCompany, Lawyers Weekly and the journal of the American Bar Association.

  13 May 08 Paul McKeon

• Legal update: New .au Domain Name Transfer Policy from 1 June 2008

  In last month’s Legal Update on Upcoming Changes to .au Domain Name Transfer Policy we noted that the Australian domain name administrator (auDA) had approved an implementation plan for a new policy on the transfer on .au domain name licences. auDA has now confirmed that the new policy will take effect on 1 June 2008.

  18 Apr 08 Michael Park

• Deacons in the press: Staff web access caught in security net

  Deacons' Social Networking Survey 2008 found that a quarter of workers aged 16 to 24 said access to social networking websites could influence their choice of employer, whilst a survey by Business Software Alliance reported 90 per cent of Australian workers understood that companies needed to place some restrictions on access to ensure network security, reported the Australian Financial Review, 16 April 2008.

  16 Apr 08 Mary-Anne Webb

• Deacons in the press: New law to reclaim stolen identities

  Identity theft is in the sights of the Federal Government who plan to introduce criminal penalties and a new certification system to help the victims of crime, reported Lawyers Weekly, 11 April 2008.

  15 Apr 08 Nick Abrahams , Mary-Anne Webb