Advancing Digital & IT Law

The latest legal developments and an examination of how law and regulation must meet the challenge of fast-paced tech and digital innovation

Event Details


Registration and coffee
Opening remarks from the Chair
Frith Tweedie, Digital Law Leader, EY Law
New Zealand’s Tech Law & Regulatory Environment
Opening Address: New Zealand’s technology regulatory ecosystem
  • What challenges are key emerging technologies presenting?
  • Looking into the changes in the regulatory landscape
  • Outlining how these changes will affect NZ businesses
Phil Johnson, Director, CommArc
Panel Discussion: Keeping pace with emerging technology – hard boundaries and flexibility within New Zealand’s legal system
  • Is New Zealand making use of an inclusive and realistic approach, when it comes to forming upcoming law changes? Are we looking far enough ahead through the front windscreen?
  • Is there a flexible way that the legal system uses to adapt continuously to changes?
  • How can we reform regulation to empower innovation and transformation?
Breccan McLeod-Lundy, CEO, Ackama & Co-Chair, NZRise
Matt Dalton , Partner - Consulting , Deloitte
Gehan Gunasekara, Associate Professor and Deputy Head of Department (Commercial Law), The University of Auckland
Dr Maria Pozza, Director - Lawyer, Gravity Lawyers
Kishan Gunatunga, Legal Counsel, Genesis
Morning break
Ensuring Compliance and Protecting Emerging Intellectual Property Rights
Intellectual property reform – the key recent reforms and upcoming options
  • Reviewing recent changes that have been made to IP laws 
  • Reviewing the changes that are currently on the table and how these are expected to change the laws 
  • Considering possible upcoming reforms and, the review of the Copyright Act 
Laura Carter, Senior Associate, Hudson Gavin Martin
IP protection in an age of rapid technological change - how is this working in practice?
  • IP protections that are available to innovators
  • Protecting IP from inception to commercialisation
  • International aspects - protecting and enforcing IP in other jurisdictions
David Alizade , Partner, Jackson Russell Lawyers
IP and Copyright Q&A
Laura Carter, Senior Associate, Hudson Gavin Martin
David Alizade , Partner, Jackson Russell Lawyers
Lunch Break
Ensure your Compliance with New Privacy Laws
Privacy Act’s flexible approach to regulation - How flexible is the Privacy Act really, and how will upcoming amendments change this and affect your business operations?
  • Privacy Act’s flexible principles-based approach 
  • Taking a risk-based approach to interpretation of the law 
  • Incorporating other considerations, such as ethics, into Privacy Act application 
  • Will the forthcoming amendments hinder progress? 
  • Understanding the extent of the influence on varying business departments and roles 
  • To what extent does it change digitally operating businesses mainly operating with data?
Joe Edwards, Partner, Russell McVeagh
Daimhin Warner, Director, Simply Privacy
Understanding the application and implications of the GDPR
  • Does GDPR apply to or impact your business?
  • What should you be doing to manage your GDPR exposure? 
  • Lessons learnt since GDPR came into effect
Frith Tweedie, Digital Law Leader, EY Law
International Perspective: How does rest of the world regulate privacy?
  • Different countries, different rules – being aware of how other countries regulate privacy matters
  • Are New Zealand’s regulations fit for purpose or lacking behind?
  • Practically how does an organisation deal with multi-jurisdictional compliance?
Hayley Miller, Partner, Kensington Swan
Privacy Q&A
Joe Edwards, Partner, Russell McVeagh
Daimhin Warner, Director, Simply Privacy
Frith Tweedie, Digital Law Leader, EY Law
Hayley Miller, Partner, Kensington Swan
Afternoon Break
Contracting, Procurement and Dispute Resolution
Supply and procurement of digital and technological products and services – contractual aspects
  • Considerations that suppliers and customers (respectively) will want to cover in their contracts 
  • Dealing with change in technology 
  • Managing the end of the relationship
Tom Maasland, Partner, MinterEllisonRuddWatts
Peter Fernando, Senior Associate, MinterEllisonRuddWatts
Procurement – is there an agile approach?

How can we innovate our procurement ecosystem to be fit for purpose? In this session, Chris will discuss the frameworks and approaches that the Government is adopting to transform public procurement to meet the demand for products and services which are now being presented in a digital context.

  • Commercial models – how can we innovate to enable value rather than process focus while meeting our policy and legislative commitments?
  • Broader outcomes – public procurements’ role in achieving the broader outcomes for NZ’s agenda
  • International cohorts – collaboration with other jurisdictions
Chris Webb , General Manager Commercial Strategy & Delivery, Department of Internal Affairs NZ
Valuing digital and intangible assets as part of civil litigation or dispute resolution  

Many civil cases require compensatory damages awards awarded, at least in part, on the value of the assets in question. With 87% of all company value today now driven by intangible assets, civil disputes ranging from liquidations to contractual disagreements to relationship property are more likely to involve these critical assets. 

  • What are intangible assets and why are they so valuable?
  • What are the key risks associated with intangible assets and how can these risks be mitigated?
  • How to value intangible assets and how this valuation can be used as part of a legal strategy
Paul Adams, Chief Executive Officer , EverEdge Global
IT Software Projects - dispute resolution methods to avoid conflict and improve success

An industry initiative by NZIAC and Be Amorgos IT Contractual Services has focused on globally measured success rates for IT software projects (about 30%) and then explored, via a detailed consultation process with industry stakeholders globally and domestically, the causes of IT Software projects misalignment and disputes. From that consultation, they have developed tailored dispute resolution methods to assist in better success rates. These include: 

  • Customised facilitation or mediation methods for key phases of an IT software project 
  • Use of a Dispute Review Board 
  • Dispute resolution clauses for such DR methods
Catherine Green, Executive Director, New Zealand International Arbitration Centre
Gerard Doolin, Director, Be Amorgos IT Contractual Services
Summary remarks from the Chair and networking drinks
Frith Tweedie, Digital Law Leader, EY Law
Welcome back from the Chair
Frith Tweedie, Digital Law Leader, EY Law
Interrelationship between Data Protection and Cybersecurity
Exploring the intersections between data protection, cybersecurity and cybercrime risk within the legal landscape
  • Looking into the measures that have been taken since the implementation of the Cyber Security Strategy 2019 
  • What has already been achieved so far? Is there room for improvement? 
  • Is New Zealand and its businesses ideally equipped for potential cyber threats?
Dr Rizwan Ahmad, CTO and Director, Cianaa Technologies & Senior Lecturer, Manukau Institute of Technology
Data protection and cybersecurity for Business-2-Business “as-a-service” platforms
  • What does an “as-a-service” provider want to do with customer data?
  • Who owns customer data?
  • What obligations are commonly being placed on “as-a-service” providers in relation to the protection of data and the security of their platforms?
  • What remedies can a customer seek if there is a data breach or cybersecurity incident?
Edwin Lim , Partner, Hudson Gavin Martin
International data protection case law – effects on products and services provider
  • Looking into the current international and national legal frameworks 
  • What are the requirements for public reproduction of data and content? 
  • Exploring the liability of providers: When do providers provide the public with access to protected content? What measures do providers have to take to prevent access to protected content? How to enforce copyright barriers?
Derek Roth-Biester, Partner, Anderson Lloyd
Morning Break
Case study: Lessons learned from breaches in data protection and cybersecurity
  • Examining the interrelationship of data and globalisation 
  • Outlining consequential impacts on day-to-day procedures 
  • Looking into underlying causes and actions that have led to breaches 
  • What are the legal ramifications from a cyber security breach – what do organisations need to do to be on the right side of legislation
  • What are the lessons learned?
Kristin Wilson, Senior Associate, Bell Gully
Updates on Advances in Automation & AI and Ethics
Data analytics and profiling – risks of discrimination or manipulation through AI and what can we do about it?
  • Practitioner’s guide to AI: what it does, doesn’t, can and cannot do, with a focus on now and near future 
  • Sources of side-effects in AI decisioning (biases, manipulation, addiction): tech, corporate culture, and human behaviour 
  • Corporate responsibility, regulation, or tort law? Practical implications of ethical considerations
Andrey Ivanov PhD MInstD, Director, Ivanov Consulting
Lunch Break
Human vs. Machine – how will the chain of command develop in future workforces?
  • What impact will the use of AI have on future employment? Will our legislators keep up with the pace of change?
  • What could the hierarchy in a workplace look like, if AI, machines and/or robotics are deployed?
  • What are the legal risks? In case of mistakes and failure, who is legally culpable?
  • Exploring legal frameworks: Medical advice and the law
Wendy Aldred, Barrister, Stout Street Chambers
Autonomous driving – is NZ’s legal framework receptive enough for use in relation to vehicles not human driven?
  • How do current regulation and legislation apply to driverless vehicles?
  • Consider the impacts of self-drive vehicles or semi-autonomous without supervision
  • Your vehicle, your driver, your contractor, your responsibility? Exploring the responsibility and culpability of autonomous machines including health and safety implications
Hayley Miller, Partner, Kensington Swan
Sarah-Lee Stead, Special Counsel, Kensington Swan
Afternoon break
Panel Discussion: AI and robotics – regulatory, legal and ethical frameworks around implementation

Hear knowledgeable insights of experts talking about the relationship of AI and future employment, fairness, security, social inclusion and transparency of algorithms. 

  • For what purposes can artificial intelligence be used? Which motivations are morally acceptable?
  • AI makes decisions based on models of reality, but what if these models do not adequately reflect reality? What if problematic assumptions in software continue and solidify?
  • How can we combine artificial intelligence with ethics?
  • Black Box Theory – can transparency of actions be granted?
Dr Julian Seidenberg, Chief Artificial Intelligence Officer, McCarthyFinch
Andrey Ivanov PhD MInstD, Director, Ivanov Consulting
David Audley, VP Sales Asia Pacific, ThoughtRiver
Louise Taylor, Senior Associate - Technology, Simpson Grierson
Closing Panel Discussion: Investigating the digital outlook for New Zealand business
  • Shaping the legal and regulatory landscape in relationship to emerging technologies
  • Will there be a digital divide ruling over New Zealand?
  • What will fairness look like and how to define fairness in a digitally disrupted world?
  • Has the global pushback against global tech giants begun in earnest? US and European trade & legal developments aimed at putting the brakes on the pervasive power held by the tech giants, including:
    • Moves (US & European) to curb the deployment of addictive psychological technology and tech programming
    • Privacy and data – is there a new generation of dealing with privacy in a more mature market
Phil Johnson, Director, CommArc
Dr Richard Meade , Principal Economist , Cognitus Economic Insight & Senior Research Fellow, AUT
Kristin Wilson, Senior Associate, Bell Gully
Mike Clarke, Partner - Technology & Transformation, KPMG
Igor Portugal, Chief Growth Officer, Catalyst Cloud
Closing remarks from the Chair and end of conference
Frith Tweedie, Digital Law Leader, EY Law
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