Key Considerations When Sharing Personal Information with Overseas Contractors
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Engaging overseas contractors can be an effective way for businesses to respond to their business needs. However, while there are many advantages to hiring overseas contractors, you must consider this against legal risks, such as the risk of sharing the personal information of Australian individuals with overseas parties.
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This article considers how you can comply with your privacy obligations under the Australian Privacy Principles outlined in the Privacy Act 1988 (Cth) when disclosing information with overseas contractors.
Are You an APP Entity?
Before sharing information with an overseas contractor, you must determine if you are an APP entity. This distinction is important because if an APP entity shares information overseas and that overseas party breaches the APPs, that breach will be taken to be a breach by the APP entity itself.
For example, suppose your business generates more than $3 million in annual turnover. In that case, it will likely be considered an APP entity and will have obligations under the Privacy Act, including concerning the disclosure of personal information overseas.
Sharing Information With Overseas Contractors
Suppose you are an APP entity. If so, let us explore several precautionary measures you can take when sharing information with your overseas contractors.
1. Privacy Policy
Before sharing information with any third party (including overseas contractors), you should review the terms of your privacy policy to ensure that you have informed your customers that you will share their personal information with overseas contractors.
If you have yet to inform customers of this intended use, you can update your privacy policy and provide notice of this to your customers. You should aim to give your customers at least 30 days’ notice before the privacy policy comes into effect. Accordingly, this will allow your customers to inform you of any issues with your intended use of their personal information before you disclose it.
2. Risk Mitigation
As a best practice, you should only share information essential for your overseas contractors to be able to deliver the services.
When engaging an overseas contractor, consider the following questions.
1. Whether the volume of information you are sharing with the contractor is necessary to enable them to perform the services?
Tip: As a rule, do not provide the contractor with more personal information than is necessary. The more information you share, the higher the risk of individuals using data in a way that breaches the APPs.
2. What is the nature of the information?
Tip: You should consider the nature of the information, and whether it is personal or sensitive information. Sensitive data requires a higher level of confidentiality due to its delicate nature.
3. How much access does the contractor have to my existing databases?
Tip: Ensure that you only provide access to the databases that the contractor needs to perform their services. All other access should be limited or subject to your approval.
3. Contractual Terms
You should ensure that the terms of your contractor agreement impose strong privacy obligations on the contractor, particularly concerning any personal information they receive or have access to during the term.
You can include clauses addressing the following:
an acknowledgement by the contractor that you are required to comply with the APPs;
a warranty that the contractor will not breach the APPs;
an indemnity by the overseas contractor if it breaches the APPs (for example, by disclosing personal information to an unauthorised party); and
a data breach response plan that includes a straightforward process for reporting a data breach.
Representing over 40 years of experience, Henry has built his professional relationship upon advising private clients on their financial and taxation affairs. Henry is a trusted advisor to a number of private enterprises and family business owners, providing financial and tax directions at the family and corporate levels. He ensures that tax and financial governance requirements are managed without fuss. Henry is proud to lead a team with a diverse skillset that manages the balance of a smaller firm but with a strong commercial and practical approach to business and taxation matters.
He has worked in insolvency, taxation, audit and general business services over a number of years and his personal passion is in the area of business planning, superannuation planning and estate planning especially in respect of intergenerational wealth transfer.
Kevin Lau - Principal
Kevin is a Chartered Accountant and a Principal at APNL.
With over a decade of experience, he brings broad taxation expertise to the firm in the areas of compliance accounting, business advisory and tax consulting for Small Medium Enterprises (SME’s).
Kevin takes pride in offering a personalised approach to his clients. Recognising the unique challenges each business faces, he provides tailored strategies to navigate the intricate tax landscape, fostering growth and ensuring compliance.
His clients have benefited from his broad taxation expertise and commercial acumen including those in manufacturing, hospitality, advertising, property, healthcare, professional services and a range of other industries.
Kevin has a keen interest in the superannuation industry, assisting clients with their retirement and estate planning needs.
In his spare time Kevin enjoys playing soccer, snowboarding, travelling and spending time with family and friends.
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Our Business & Corporate Structuring service is designed to cater specifically to your needs, whether you're launching a new venture, expanding operations, or planning for succession. Our expert advisors are committed to tailoring the perfect solution for you and your business.
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Planning and Implementation: Together, we chart a path to achieve these objectives, meticulously planning and implementing actions to drive success.
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Secure File Transfer
Secure File Transfer is a facility that allows the safe and secure exchange of confidential files or documents between you and us.
Email is very convenient in our business world, there is no doubting that. However email messages and attachments can be intercepted by third parties, putting your privacy and identity at risk if used to send confidential files or documents. Secure File Transfer eliminates this risk.
Login to Secure File Transfer, or contact us if you require a username and password.
Privacy Notice
APNL Pty Ltd Chartered Accountants and Advisors ("APNL") understands that in globalising world, protection of your privacy and information is of the utmost importance. We are dedicated to protecting your personal information especially the collection, use and storage of information. At APNL, we understand the significance you place on information that identifies you ("your personal information"), and we are committed to assisting you in safeguarding it.
The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) form the cornerstone of the privacy protection policy that APNL Pty Ltd are statutorily bound and abide by steadfastly. This Privacy Policy outlines how we manage the information we collect about you when you provide personal information to us in person, by mail or email, or when you visit our website.
Collection of Personal Information
We will only collect personal information that you voluntarily provide to us or have given us prior consent. The ways we may collect personal information from you include, but are not limited to:
When you visit or use our website.
When you engage our services.
When you register for secure access to our website and log in to your account (if applicable).
When you subscribe to our newsletter or mailing list (if applicable).
When you contact us or our associated entities by mail, email, or telephone.
When you apply for employment with us.
From third-party contractors or outsourcing service providers, such as law enforcement agencies and other government or regulatory bodies.
Please note that in some cases, providing certain personal information may be necessary for us to provide you with the requested services or information. If you choose not to provide us with specific personal information, it may hinder our ability to fulfill your requests.
Types of Personal Information We Collect
The personal information we may collect from you includes, but is not limited to:
Names, addresses, email addresses, and phone numbers.
Information from documents such as passports or driver's licenses.
Tax file numbers (TFNs) and other identification numbers, such as Medicare numbers.
Date of birth and gender.
Financial information.
Details of superannuation and insurance arrangements.
Sensitive information, with your consent, such as health information or membership details of professional or trade associations or political parties.
Bank account details, shareholdings, and investment details.
Educational qualifications, employment history, and salary.
Visa or work permit status.
Personal information about your spouse and dependents.
Use of Your Personal Information
APNL and our associated entities will use the personal information you provide for the purpose of providing the agreed-upon services, such as accounting or business advisory services. Additionally, we may use this information for internal business and management processes, monitoring and improving our website, keeping you informed about our services and company news, and fulfilling our legal obligations.
Prior to providing products or services to you APNL is obliged by law to collect, and verify, certain personal information from you. The statutes governing these requirements include:
The Financial Transactions Reports Act (1988) (Cth)
The Anti-Money Laundering and Counter Terrorism FinancingAct (2006) (Cth)
Taxation Administration Act 1997 (Vic)
Income Tax Assessment Act 1997 (Cth)
A New Tax System (Goods and Services Tax) Act 1999 (Cth)
The Corporations Act 2001 (Cth)
and other relevant financial services laws as applicable.
Direct Marketing
We may use your personal information for marketing purposes related to our services. If you do not wish to receive marketing material from us, you can unsubscribe by following the instructions provided in the communication or by contacting us directly.
Disclosure of Your Personal Information
Your personal information will only be disclosed to employees or consultants of APNL and its associated entities who are involved in providing the agreed-upon services. Depending on the nature of the engagement, we may need to disclose your personal information to third parties, which may include service and content providers, dealers and agents, or our contractors and advisors.
Security Procedures
APNL takes the security of your personal information seriously and implements reasonable measures to protect it from misuse, interference, loss, unauthorized access, modification, and disclosure. We regularly review our security procedures to ensure their effectiveness.
However, please be aware that transmitting data over the Internet is not entirely secure, and we cannot guarantee the security of information transmitted to us via electronic means such as via e-mail. Such transmissions are done at your own risk.
Data Breach Notification
In the event of an "eligible data breach" as defined by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), we will notify affected individuals, including you, and the Australian Information Commissioner (OAIC) in accordance with the law. If you believe a data breach has occurred or have concerns about your privacy, please contact us as detailed below.
Access and Correction of Personal Information
You have the right to access the personal information we hold about you and to request corrections if you believe the information is inaccurate, incomplete, or outdated. To access or correct your personal information, please contact us at info@apnl.com.au. We will respond to your request within 2 business days.
Changes to Our Privacy Policy
This Privacy Policy represents our current practices and may be updated from time to time for various reasons. Any changes will be published on our website, and your continued use of our services and website signifies your acceptance of the updated Privacy Policy.
Complaints Resolution
APNL is committed to resolving privacy-related concerns fairly and responsibly. If you have any concerns about how we handle your personal information, please contact us using the details provided below. We will address your concerns through our complaints handling process and provide you with an outcome in a reasonable timeframe. If you remain dissatisfied with our response, you may refer your concerns to the Office of the Australian Information Commissioner.
Contact Us
If you have any questions, requests, or concerns related to this Privacy Policy or your personal information, please contact us at:
By using our website and providing us with your personal information, you indicate your understanding of and agree to comply with the terms and conditions set out in this Privacy Policy. If you do not agree with this Privacy Policy, please refrain from using our website or providing us with your personal information. This Privacy Policy was last updated in August 2023.
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