In the final episode for 2025 in our Industrious Conversations series, Employment partners Talia Firth and Jane Harvey break down the wave of recent Fair Work Commission decisions on flexible work arrangements, and what they mean for Australian employers navigating changing work patterns.

They explain the strict technical rules under the Fair Work Act, why eligibility matters, and how cases like Collins, Sydney Water, and Naden show the real consequences of missing key steps in the process. They also explore the harder question of reasonable business grounds, including what the Westpac decision means for employers, why general statements about teamwork or culture may not be enough to refuse a flexible work request , and how long-standing remote work arrangements may shape the outcome.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

We are pleased to share our latest World@Work global employment podcast on some practical challenges relating to the rapid rise of AI in the workplace.

In this episode, we discuss several nations’ contrasting approaches to the regulation of AI. In particular, we shine a light on practical challenges for employers, including how they use AI in recruitment and how AI is used to monitor employee performance. 

Ashurst’s Andreas Mauroschat hosts the podcast from Germany. He’s joined by his colleagues Ruth Buchanan in the UK, Trent Sebbens in Australia, and Clarence Ding in Singapore. Together, they discuss how their respective jurisdictions are seeking to strike a balance between fostering innovation, maximising productivity, and considering their workforces.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

France has ambitions to become Europe’s AI superpower, leveraging its highly decarbonised electricity grid and government backing to attract billions in data centre investment. In this episode, we explore the market in detail and flag up the issues that investors need to know.

Ashurst’s Ruth Harris is joined by a panel of Paris and London colleagues to explore France’s remarkable data centre momentum, in the wake of the latest Choose France Summit.

France’s energy mix (majority nuclear, backed by hydro and renewables) equips the nation for AI workloads that demand huge power consumption while maintaining net zero credentials. So together Rebecca Clark, Mark Barges, François Hellot, Nicolas Quoy and David Noblinski paint a picture of France’s tantalising data centre prospects.

The episode highlights France’s strategic advantages and current challenges in developing its data centres industry, including permit and consent processes that can drag out “in excess of 10 years”. There’s also discussion about key movers and shakers in the investment market and standout projects to watch, along with data sovereignty and cybersecurity, commercial lease protections, and the evolution from “single asset deals” to platform investment strategies.

To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read Ashurst’s regular article series on data centres, visit this web page. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

After a run of firm offers in early Summer, the UK public M&A market softened in Q3. Alongside this there was a noticeable increase in lapsed or withdrawn bids. In the latest podcast, the duo unpicks the reasons behind this and whether there has been any fundamental shift in the Panel's approach to conditionality.

The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website. The publication looks at key highlights and market developments in the second quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter.

To listen to this and to subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Wrapping up this season of Data Bytes, we examine the expanded powers given to the Information Commissioner’s Office (ICO) and what this means for data protection investigations now and in the future.

Host Rhiannon Webster is joined by Ashurst colleagues Anthony Asindi and Tom Brookes to zoom in on an area of the Data (Use And Access) Act that some have overlooked – the changes to the investigatory powers of the UK’s data protection regulator.

The ICO (soon to be rebadged as The Information Commission) deals with a huge volume of complaints and data breach reports annually. Rhiannon, Anthony and Tom pinpoint three notable new powers that the ICO will soon have: to compel the production of documents, to require controllers or processors to provide a report on a specified matter, and to compel individuals to attend interviews and answer questions.

As well as outlining which powers are effective now and when the other powers are likely to come into force, the podcast covers restrictions on the powers including privilege and self-incrimination – with a notable exception being where individuals may be required to answer potentially self-incriminating questions if they relate to Data Protection Act breaches. Anthony notes that refusing to cooperate could become "an aggravating factor" leading to higher fines for the controller or processor.

Tom identifies the mandatory report power as a potential "game changer," shifting the investigative burden and costs to organisations while potentially allowing the ICO to investigate more cases.

Anthony offers some illuminating comparisons with the FCA’s powers under the Financial Services and Markets Act (while cautioning that we don’t know certain that the ICO will follow a similar approach). And Tom adds that the ICO should soon provide guidance on its new powers and the circumstances where those might be applied.

To listen to this – and all our previous Data Bytes episodes – search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In this episode, we lift the lid on a fascinating and fast-changing employment issue: the rise of online creators and social media influencers within the workforce, and the legal challenges this presents for employers.

Ashurst partners Trent Sebbens and Rebecca Cope explore the rise of online influencers within the workforce—and what this means for employers.

Millions of Australians spend hours on social media every week. And for some, the lines are blurring between personal online activity and professional obligations. In this episode, Trent and Rebecca provide some clarity for employers around issues like enforcement of confidentiality , invasions of privacy, and court-related risks.

As well as discussing landmark Australian, UK and US legal cases relating to employees and social media activity, Trent and Rebecca suggest prudent steps that employers can take (including training staff on expectations, identifying who among their workforce is a social media influencer, maintaining a robust social media policy, and more).

To listen to this and subscribe to future Industrious Conversations episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In the penultimate episode of this season of Data Bytes, we look at how digital identity provisions will reshape the world as we know it. Physical ID cards may soon be a thing of the past, and that could have huge implications for society and businesses.

Host Rhiannon Webster is joined by Ashurst colleague Fiona Ghosh to explain how digital IDs are swiftly changing how we live and work. Together, they discuss how the Data (Use and Access) Act creates a regulatory framework for digital identity to operate under government oversight.

Rhiannon offers an overview of the Act’s provisions including the statutory trust framework, supplementary codes and a new register of digital verification service providers. She also discusses the profound security implications of digital ID and potential multi-regulation scenarios where financial services firms might have to report breaches to the Information Commissioner's Office (ICO), Financial Conduct Authority (FCA), Payment Systems Regulator (PSR) and the new Office for Digital Identity And Attributes.

Fiona points out that, “the main impact of digital ID will be the enablement for citizens to access services in multidisciplinary ways”. For example, citizens will be able to choose how to access their benefits or records – physically or electronically. And she raises questions around resilience when businesses move to the cloud and the level of expectation (and trust) that citizens now place in digital wallets and ID.To listen to this and subscribe to future Data Bytes episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Quantum leaps in technology, as well as rising cost pressures, are prompting many leaders to take a fresh look at how their organisations are structured and resourced. However, restructures and redeployment are notoriously tricky processes to manage well. In this episode, we reflect on lessons learned from the High Court’s recent Helensburgh Coal vs Bartley decision.

Ashurst Employment partners Peter McNulty and Julia Sutherland explain why and how Australia’s employment laws require a more nuanced approach to restructuring than in years gone by. Together, they tackle everything from redeployment and penalties for late payment of entitlements to contractor arrangements and employee consultation. They also discuss health and safety matters, including psychosocial risk, and they emphasise the importance of robust, documented plans.

To listen to this and subscribe to future episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

Our globetrotting podcast mini-series pays a visit to India, to take in the data centre landscape there. In less than 25 minutes, we highlight the market dynamics, trends, policymaking, infrastructure, and incentives that investors need to be across in this fast-growing market.

There’s a lot of excitement around India’s data centre in market and with good reason. India already has around 1.2 gigawatts of live IT load capacity. In 2025 alone, the nation has already added roughly 250 megawatts and experts predict capacity will rise to 1.8 gigawatts by 2027, before reaching 4.5 - 5 gigawatts by 2030.

In this episode, podcast host Ruth Harris is joined by Ashurst colleague Kalpana Unadkat to explain what is driving India’s extraordinary surge in data demand, how the government is responding, the types of facilities being built, and who the movers and shakers are among investors. Along the way, Kalpana offers an assessment of how mature the market is, and picks out some notable joint ventures and occupiers. She also reflects on the trends that will shape data centre activity in the years ahead.

To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To read more about data centres, head to Ashurst's data centre insights hub. To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.

In this episode, we explain how the Data (Use and Access) Act changes marketing practices and the use of cookies in the UK.

Host Rhiannon Webster is joined by Ashurst colleagues Nicolas Quoy and Shehana Cameron-Perera to discuss how the Data (Use and Access) Act 2025 amends Privacy and Electronic Communications Regulations (PECR) and changes marketing practices and uses of cookies.

Shehana provides a snapshot of the amendments to PECR and what these mean for marketing practices. She also runs through the list of what cookies are categorised in PECR as being "strictly necessary cookies” and explains that, for analytics and appearance cookies, there are additional exceptions from obtaining consent.

Nicolas draws some constructive comparisons between French and UK marketing and cookies practices and regulatory approaches and describes the EU’s enforcement approach which attracts substantially higher fines. Whilst the Data (Use and Access) Act appears to bring the UK in line with France from a cookie perspective, there are probably still differentiations across Europe which will require a country-by-country approach when looking at cookie compliance.

Rhiannon explains how the Data (Use and Access) Act has aligned enforcement powers under PECR to the UK GDPR, and how this might inform compliance efforts and impact the ICO's approach to fining, particularly for marketing infringements.

To listen to this and subscribe to future Data Bytes episodes, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. To explore more from Ashurst’s podcast library, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

See omnystudio.com/listener for privacy information.