Due diligence checklist, Australia

Privacy Act and the APPs: what to ask a vendor

Privacy Act 1988 and the Australian Privacy Principles. OAIC. Personal information goes only to suppliers that handle it under the APPs, with cross-border disclosures accounted for.

A starting point, not legal advice. The regulator's own page: OAIC.

What it is

Personal information goes only to suppliers that handle it under the APPs, with cross-border disclosures accounted for.

Who it applies to

Applies to every financial institution in Australia.

What to ask a vendor, and the evidence to request

#Ask the vendor forEvidence to request
1Handling of personal information under the Australian Privacy Principles, by contractConformance test results or a written statement of conformance against the standard, with the version supported.
2Where data is hosted and processed, and any disclosure outside Australia (APP 8)The hosting regions and a data flow description naming every country data is stored in or processed from, and the transfer mechanism for anything leaving the country.
3Cooperation with the Notifiable Data Breaches scheme, including timely notice of eligible breachesThe incident notification clause and procedure: what counts as an incident, who is told, within what time, and a record of a past notification if one exists.

In every case

  • A named contact at the vendor responsible for this regime, and how the vendor tracks changes to it.
  • Which named customers the vendor already serves under this regime, as references you may call.

This checklist is a starting point for a procurement team, not legal advice. Read it with the regulator's own page, your institution's policies and your legal and risk teams; the regime may have changed since the date on this document.

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