In accordance with the Australia Privacy Act 1988, obtaining explicit consent is necessary for gathering sensitive information or for utilizing/disclosing personal data beyond its original intended purpose.
Cookie consent in Australia does not require express consent for processing non-sensitive personal information. Instead, implied consent suffices, provided individuals are notified at or before data collection. Organizations must ensure individuals understand the data's purpose and offer an opt-out option. According to the Office of the Australian Information Commissioner (OAIC), consent should be informed, voluntary, and current and specific.

The Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022, enacted on 12 December 2022, introduces substantial reforms to the Privacy Act Australia. These reforms aim to bolster personal information protection, amplify individual privacy rights, and foster transparency and accountability in data management. The Act introduces notable changes, such as expanding the extraterritorial scope of the Privacy Act 1988, escalating penalties for serious or repeated infringements, reinforcing the Notifiable Data Breaches Scheme, and empowering the OAIC with enhanced authority to tackle privacy breaches.

To assure APA compliance for your business, start by implementing clear data protection policies and procedures. One of the easiest ways to simplify compliance is by using a Consent Management Platform (CMP) like Consentmo, which is designed specifically for Shopify stores. Our app helps you manage cookie consent, data requests, and user rights, verifying your store meets APA requirements without hassle.