Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

Does the Privacy Act affect due diligence if I am selling an exempt small business?

If a small business is exempt from the Privacy Act the due diligence process will not be affected.

A sale of business assets may result in both the vendor and the purchaser becoming subject to the Privacy Act if personal information is exchanged as part of the business assets (for example, sale of a customer database). Generally speaking, the Privacy Act will only apply after the completion of the sale. For more information see Information Sheet 16-2002: Application of key NPPs to due diligence and completion when buying and selling a business.

If a prospective purchaser is already covered by the Privacy Act, they will need to comply with it when conducting due diligence.