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Recent changes to the regulation of Employee Share Schemes (ESS) of late have brought discussions about implementing an ESS to the fore for many companies. This article summarises the ESS basics – why so many companies use them, what the two most popular structuring options are, and what kinds of interests in the company can be issued under an ESS, as well as recapping the latest updates. Of course, if there’s one takeaway from this introductory guide, it’s that there are many ways to skin the ESS cat, and boards have a lot of discretion in tailoring an ESS to suit their company’s goals.

Greenwashing has become a focus point for the Australian Securities and Investment Commission (ASIC) due to soaring investor demand for financial products which refer to environmental, social and corporate governance (ESG) and sustainability considerations (Sustainability-Related Products). Given the regulatory scrutiny, entities dealing with Sustainability-Related Products should be mindful of their disclosure obligations and how information relating to the product is presented.

The Australian Competition and Consumer Commission (ACCC) has successfully shown that Google made misleading representations to consumers about collection and use of their personal data. Google was fined $60 million by the Federal Court for the conduct, which occurred prior to the increase in penalties for breaches of Australian Consumer Law, and we expect that the ACCC will continue to pursue increasingly high penalties.

Proposed reforms in respect of crypto-assets are finally gaining traction as the Board of Taxation, the Treasurer and ASIC each made announcements in relation to their role in preparing for these reforms in the past month.

While a licence agreement and a franchise agreement are two different arrangements, if not documented correctly, a licence agreement can be deemed to be a franchise agreement. Figuring out which arrangement is best for your business, as well as how to document the arrangement properly, is vital from both a legal and commercial perspective.