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Privacy Act changes: what your website must do

Australian privacy law has been tightening. Here is a plain-English check of what to review on your site.

Website privacy policy and data protection checklist

Quick answer

Recent Privacy Act changes in Australia have increased penalties, introduced a statutory right to sue for serious invasions of privacy and added more transparency about automated decisions. Businesses covered by the Act should review their privacy policy, forms, data security and breach response.

Key takeaways

  • Check whether the Privacy Act applies to your business.
  • Know what personal data you collect and why.
  • Keep your privacy policy accurate and easy to read.
  • Have a data breach response plan.

Does the Privacy Act apply to you?

The Act generally covers businesses with an annual turnover above $3 million, plus some smaller ones, such as health service providers and businesses that trade in personal information.

If you are unsure, check with the Office of the Australian Information Commissioner (OAIC).

What should you review on your website?

  • Your privacy policy: is it current and written in plain language?
  • Contact and enquiry forms: do they collect only what you need?
  • Cookies and tracking tools: do you explain them?
  • Where data is stored and who can access it.
  • Third-party tools, such as email platforms and analytics.

What about data security and breaches?

  1. Limit who can see personal information.
  2. Use strong passwords and multi-factor authentication.
  3. Keep software updated.
  4. Delete data you no longer need.
  5. Write a simple breach response plan, so you know who acts first.

What changes are worth watching?

AreaDirection of change
PenaltiesHigher for serious or repeated breaches
Right to sueStatutory tort for serious privacy invasions
Automated decisionsMore transparency about their use
Children's privacyA dedicated code is being developed

Keep it practical

This is general information, not legal advice. For firm answers about Privacy Act changes, speak to the OAIC or a qualified privacy lawyer. Review your website, forms and data practices at least once a year, so changes never catch you by surprise.

Bottom line

Keep up with Privacy Act changes by doing the basics well. Know what personal information you collect, say so clearly, keep it secure and delete it when you no longer need it. If unsure, get advice from the OAIC or a privacy lawyer.

Sources and further reading

Checked against the sources above and our own project experience. Last reviewed 7 October 2026.

Published by Kedra Digi

Kedra Digi is an Australian digital agency covering development, design, digital marketing and HR. This guide draws on work with real client projects.

Frequently asked questions

Do I need a privacy policy on my website?
If the Act applies to you, yes. Even if it does not, a clear policy builds trust.
What is a notifiable data breach?
A breach likely to cause serious harm, which must be reported to the OAIC and affected people.
Is a cookie banner required?
Australia has no general cookie banner rule, but you must be transparent about the personal information you collect.

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