Insights

The Supreme Court’s decision in Mainzeal confirms a “new debt” approach to compensation for breaches of section 136 of the Companies Act. This will have implications for directors of all companies, but start-ups in particular.

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INSIGHT

August 25, 2023

Implications of the Supreme Court’s “new debt” approach in Mainzeal

The Supreme Court’s decision in Mainzeal confirms a “new debt” approach to compensation for breaches of section 136 of the Companies Act. This will have implications for directors of all companies, but start-ups in particular.

EU gets closer to AI laws

The European Parliament has drafted laws to mitigate the risks of AI, including some hefty penalties for breaking them.

EU gets closer to AI laws

The European Parliament has drafted laws to mitigate the risks of AI, including some hefty penalties for breaking them.

UK Supreme Court puts Quincecare ‘duty’ back in its box

Bankers will be pleased to have clarity over the scope of their duties in cases of suspected fraud on customers. However, victims of cybercrime may continue to be left without any recourse, as the number and sophistication of fraudulent schemes continue to grow.

UK Supreme Court puts Quincecare ‘duty’ back in its box

Bankers will be pleased to have clarity over the scope of their duties in cases of suspected fraud on customers. However, victims of cybercrime may continue to be left without any recourse, as the number and sophistication of fraudulent schemes continue to grow.

A Deep Dive into The Customer and Product Data Bill

The Customer and Product Data Bill is a landmark piece of legislation that will give customers more say over their data.

A Deep Dive into The Customer and Product Data Bill

The Customer and Product Data Bill is a landmark piece of legislation that will give customers more say over their data.

Searching for a shield: Meta’s €1.2 billion fine and international transfers in the age of Big Data

Meta has been fined €1.2 billion for unlawfully transferring the personal data of millions of Facebook users in Europe to the US.

Searching for a shield: Meta’s €1.2 billion fine and international transfers in the age of Big Data

Meta has been fined €1.2 billion for unlawfully transferring the personal data of millions of Facebook users in Europe to the US.

New NZ-UK Free Trade Agreement signals tech, media and IP law changes

New Zealand and the United Kingdom have signed a free trade agreement that includes important reforms in the tech, media and IP spaces.

New NZ-UK Free Trade Agreement signals tech, media and IP law changes

New Zealand and the United Kingdom have signed a free trade agreement that includes important reforms in the tech, media and IP spaces.

Ditch the fax! Tips for building a tech-savvy law firm

No matter how small or large your law firm is, the right technology can help you streamline your operations and offer better services to clients.

Ditch the fax! Tips for building a tech-savvy law firm

No matter how small or large your law firm is, the right technology can help you streamline your operations and offer better services to clients.

The Incorporated Societies Act 2022 – what you need to know for your society

The Incorporated Societies Act 2022 has now passed into law and makes significant changes to how incorporated societies are governed.

The Incorporated Societies Act 2022 – what you need to know for your society

The Incorporated Societies Act 2022 has now passed into law and makes significant changes to how incorporated societies are governed.

Common myths about copyright online

It's easy to forget that copyright extends to user generated content online. Here are five common myths about copyright online you should be aware of.

Common myths about copyright online

It's easy to forget that copyright extends to user generated content online. Here are five common myths about copyright online you should be aware of.

Artificial artist, or artificial plagiarist?

AI artwork is going mainstream, but it’s doing so off the back of human artists.

Artificial artist, or artificial plagiarist?

AI artwork is going mainstream, but it’s doing so off the back of human artists.

Big boost to gaming

New Zealand game developers will receive an immediate funding boost from the Government to help support the growth of local studios. But is it enough?

Big boost to gaming

New Zealand game developers will receive an immediate funding boost from the Government to help support the growth of local studios. But is it enough?

Is your product “AI powered”?

AI continues to be a hot topic in 2023. But what exactly is "artificial intelligence" anyway?

Is your product “AI powered”?

AI continues to be a hot topic in 2023. But what exactly is "artificial intelligence" anyway?

The latest on New Zealand’s Consumer Data Right

Buried in the pre-Christmas rush, the Office of the Minister of Commerce and Consumer Affairs released a Cabinet paper late last year making recommendations on key aspects of the upcoming consumer data right (CDR) legislation (the CDR Bill).

The latest on New Zealand’s Consumer Data Right

Buried in the pre-Christmas rush, the Office of the Minister of Commerce and Consumer Affairs released a Cabinet paper late last year making recommendations on key aspects of the upcoming consumer data right (CDR) legislation (the CDR Bill).

Space Law in New Zealand

Hudson Gavin Martin recently contributed the “New Zealand” chapter to the 4th edition of The Space Law Review.

Space Law in New Zealand

Hudson Gavin Martin recently contributed the “New Zealand” chapter to the 4th edition of The Space Law Review.

You Cannot Defame the Dead or Can You? Tikanga Māori and NZ Defamation Law

Should story tellers and content creators be alarmed by the recent decision in Ellis v The King (2022)? Caitlin explores this in detail.

You Cannot Defame the Dead or Can You? Tikanga Māori and NZ Defamation Law

Should story tellers and content creators be alarmed by the recent decision in Ellis v The King (2022)? Caitlin explores this in detail.

Open Banking is coming – through the Consumer Data Right

The Government announced today that the banking sector will be the first in New Zealand to implement a new Consumer Data Right (CDR) in an executive push towards “open banking” – confirming the expectations of most in the sector.

Open Banking is coming – through the Consumer Data Right

The Government announced today that the banking sector will be the first in New Zealand to implement a new Consumer Data Right (CDR) in an executive push towards “open banking” – confirming the expectations of most in the sector.

Massive SEC Fines for Companies Using Text and Instant Messaging

Regulators worldwide are focusing on the widespread use of text and instant messaging within businesses. This should be a wake-up call for all businesses (not just those subject to specific regulatory regimes).

Massive SEC Fines for Companies Using Text and Instant Messaging

Regulators worldwide are focusing on the widespread use of text and instant messaging within businesses. This should be a wake-up call for all businesses (not just those subject to specific regulatory regimes).

One Act to Rule Them All

The “Hobbit law” is no more. The Screen Industry Workers Act 2022 (the Act) has now received the Royal assent and will come into force on 30 December 2022.

One Act to Rule Them All

The “Hobbit law” is no more. The Screen Industry Workers Act 2022 (the Act) has now received the Royal assent and will come into force on 30 December 2022.

A Legal Guide to Kicking SaaS

It's an exciting time to be in the SaaS sector with both public and private commitment to help drive a more productive, high-wage and low-emission economy. Andrew Dentice shares insights on what we’re seeing in terms of legal issues and market practice in the SaaS sector.

A Legal Guide to Kicking SaaS

It's an exciting time to be in the SaaS sector with both public and private commitment to help drive a more productive, high-wage and low-emission economy. Andrew Dentice shares insights on what we’re seeing in terms of legal issues and market practice in the SaaS sector.

Potential changes to the Privacy Act 2020

The Ministry of Justice is inviting feedback on the proposal to amend the Privacy Act 2020 to broaden notification requirements for agencies that collect personal information indirectly.

Potential changes to the Privacy Act 2020

The Ministry of Justice is inviting feedback on the proposal to amend the Privacy Act 2020 to broaden notification requirements for agencies that collect personal information indirectly.

NZ's Social Media "Code of Practice" Launched

New Zealand’s internet watchdog, Netsafe, and industry group NZTech have announced the launch of their Aotearoa New Zealand Code of Practice for Online Safety and Harms.

NZ's Social Media "Code of Practice" Launched

New Zealand’s internet watchdog, Netsafe, and industry group NZTech have announced the launch of their Aotearoa New Zealand Code of Practice for Online Safety and Harms.

Are you being unfair?

The Commerce Commission has now published specific guidelines about how to interpret the unfair contract terms changes to the Fair Trading Act 1986 that came into effect yesterday, so it’s a good time to offer some practical tips for reviewing your standard form small trade contracts.

Are you being unfair?

The Commerce Commission has now published specific guidelines about how to interpret the unfair contract terms changes to the Fair Trading Act 1986 that came into effect yesterday, so it’s a good time to offer some practical tips for reviewing your standard form small trade contracts.

Are you legal?

For those who missed Edwin Lim’s webinar to the kiwiSaaS Community, here are ten things you should know when developing your SaaS platform.

Are you legal?

For those who missed Edwin Lim’s webinar to the kiwiSaaS Community, here are ten things you should know when developing your SaaS platform.

Power Up 2022

The return of Armageddon Expo to Auckland last month brought a welcome sense of normality for the New Zealand gaming industry, which has been busy over the last year. So what’s been happening?

Power Up 2022

The return of Armageddon Expo to Auckland last month brought a welcome sense of normality for the New Zealand gaming industry, which has been busy over the last year. So what’s been happening?

A new Companies Office levy is one step closer

A bill introducing new Companies Office levies has passed its first reading.

A new Companies Office levy is one step closer

A bill introducing new Companies Office levies has passed its first reading.

Has Paramount Pictures gone maverick?

Did Hollywood heavyweight Paramount Pictures make the wildly successful Top Gun sequel after it had lost copyright? The plaintiffs in new proceedings filed in a Californian court say so.

Has Paramount Pictures gone maverick?

Did Hollywood heavyweight Paramount Pictures make the wildly successful Top Gun sequel after it had lost copyright? The plaintiffs in new proceedings filed in a Californian court say so.

From Russia with love: The ‘other’ Russian conflict targeting intellectual property owners

Russia’s tactical measures associated with the conflict which could have serious and long-lasting consequences for both the country of Russia and intellectual property owners across the world.

From Russia with love: The ‘other’ Russian conflict targeting intellectual property owners

Russia’s tactical measures associated with the conflict which could have serious and long-lasting consequences for both the country of Russia and intellectual property owners across the world.

I'm back, baby

Parenting in the digital age is a minefield and certainly pulls you in all directions. Lisa Paz explores the debate having recently returned from maternity leave.

I'm back, baby

Parenting in the digital age is a minefield and certainly pulls you in all directions. Lisa Paz explores the debate having recently returned from maternity leave.

Retail Payment System Act 2022 now in force

The Act is primarily intended to (a) regulate merchant service fees (the fees banks charge businesses when customers use a credit or debit card to pay) to bring them in line with fees charged in regulated markets overseas, and (b) promote competition in the retail payment system, by making it easier for new participants to enter and create innovative new payment networks and services.

Retail Payment System Act 2022 now in force

The Act is primarily intended to (a) regulate merchant service fees (the fees banks charge businesses when customers use a credit or debit card to pay) to bring them in line with fees charged in regulated markets overseas, and (b) promote competition in the retail payment system, by making it easier for new participants to enter and create innovative new payment networks and services.

Paying the price for getting privacy wrong

Netsafe has learnt the hard way the cost of getting privacy responses wrong and, ironically given its role, the ramifications when the Harmful Digital Communications Act is ‘weaponised’.

Paying the price for getting privacy wrong

Netsafe has learnt the hard way the cost of getting privacy responses wrong and, ironically given its role, the ramifications when the Harmful Digital Communications Act is ‘weaponised’.

Can AI be an inventor?

Australian Federal Court has aligned Australian patent law with UK, EU, and US patent law that only a human can qualify as an inventor.

Can AI be an inventor?

Australian Federal Court has aligned Australian patent law with UK, EU, and US patent law that only a human can qualify as an inventor.

Finfluencer Crackdown

Over the last month, regulatory bodies in Australia and New Zealand have taken aim at misleading (or sometimes downright dodgy) financial advertising.

Finfluencer Crackdown

Over the last month, regulatory bodies in Australia and New Zealand have taken aim at misleading (or sometimes downright dodgy) financial advertising.

TIN Fintech Insights Report Launch

The inaugural Technology Investment Network Fintech Insights Report has just been released - HGM is proud to sponsor and to see a number our clients represented.

TIN Fintech Insights Report Launch

The inaugural Technology Investment Network Fintech Insights Report has just been released - HGM is proud to sponsor and to see a number our clients represented.

Britain seeks to regulate 'Big Tech'

The British Government has released plans for a comprehensive overhaul of how tech companies monitor user content – which could have global consequences. Here’s what users can expect.

Britain seeks to regulate 'Big Tech'

The British Government has released plans for a comprehensive overhaul of how tech companies monitor user content – which could have global consequences. Here’s what users can expect.

Disclosure of personal information - how to, not don't do

Our privacy framework is often used as a reason to withhold the disclosure of personal information. While withholding disclosure may be appropriate in certain circumstances, it should be kept in mind that the same privacy framework actually permits the disclosure of personal information, where warranted.

Disclosure of personal information - how to, not don't do

Our privacy framework is often used as a reason to withhold the disclosure of personal information. While withholding disclosure may be appropriate in certain circumstances, it should be kept in mind that the same privacy framework actually permits the disclosure of personal information, where warranted.

The Spice May Flow, But The Copyright Doesn’t

The copyright may be worth millions, but the book itself? Not so much…

The Spice May Flow, But The Copyright Doesn’t

The copyright may be worth millions, but the book itself? Not so much…

Sound Recording Ownership (Taylor's Version)

While many of us have found new (lockdown inspired) hobbies in the past two years, Taylor Swift has released no less than four studio albums but not your typical new release.

Sound Recording Ownership (Taylor's Version)

While many of us have found new (lockdown inspired) hobbies in the past two years, Taylor Swift has released no less than four studio albums but not your typical new release.

The Lowdown (and Lockdown) on Summer Clerkships

Kicking off your career is daunting enough, starting out during lockdown couldn't have been easy, but for summer clerks, Shania and Francesca they took it in their stride.

The Lowdown (and Lockdown) on Summer Clerkships

Kicking off your career is daunting enough, starting out during lockdown couldn't have been easy, but for summer clerks, Shania and Francesca they took it in their stride.

Building Blocks of Trust

An ethical and culturally appropriate approach to data. To ensure New Zealand businesses can build and sustain meaningful customer relationships they need to have a point of difference – they need to make trust a business imperative.

Building Blocks of Trust

An ethical and culturally appropriate approach to data. To ensure New Zealand businesses can build and sustain meaningful customer relationships they need to have a point of difference – they need to make trust a business imperative.

Firm News | Legal Rankings

A huge thanks to our clients who were invaluable to celebrating top tier rankings for globally renowned legal directories, Chambers and Partners and The Legal 500.

Firm News | Legal Rankings

A huge thanks to our clients who were invaluable to celebrating top tier rankings for globally renowned legal directories, Chambers and Partners and The Legal 500.

Buy Now, Regulate Soon

Submissions closed yesterday on MBIE's discussion paper Buy-Now, Pay-Later and increased intervention in the sector in NZ seems inevitably on the horizon.

Buy Now, Regulate Soon

Submissions closed yesterday on MBIE's discussion paper Buy-Now, Pay-Later and increased intervention in the sector in NZ seems inevitably on the horizon.

Ten simple things

Here are ten simple, random things to think about when setting up a new business.

Ten simple things

Here are ten simple, random things to think about when setting up a new business.

Funding the Future

SPAC IPOs are being used in record breaking numbers to fund a new wave of disruptive technologies. Find out what a SPAC IPO is and how's changing the future of Urban Mobility.

Funding the Future

SPAC IPOs are being used in record breaking numbers to fund a new wave of disruptive technologies. Find out what a SPAC IPO is and how's changing the future of Urban Mobility.

Cyber Security for Start-ups

When it comes to cyber attacks, there is no such thing as a target being too small. In fact, there are a number of reasons why start-ups may be more likely to be targeted.

Cyber Security for Start-ups

When it comes to cyber attacks, there is no such thing as a target being too small. In fact, there are a number of reasons why start-ups may be more likely to be targeted.

The Screen Industry Workers Bill

The Screen Industry Workers Bill (SIWB) will replace the Employment Relations (Film Production Work) Amendment Act 2010 (better known as the Hobbit Law).

The Screen Industry Workers Bill

The Screen Industry Workers Bill (SIWB) will replace the Employment Relations (Film Production Work) Amendment Act 2010 (better known as the Hobbit Law).

UK/New Zealand Trade Deal Takes Flight

The UK and New Zealand have reached an in-principle agreement on the framework of a trade deal. Here’s what content creators and digital makers can expect.

UK/New Zealand Trade Deal Takes Flight

The UK and New Zealand have reached an in-principle agreement on the framework of a trade deal. Here’s what content creators and digital makers can expect.

Social media is only part of the problem

Facebook has hit the headlines again for the wrong reasons. Whistle Blowers are suggesting that it has made decisions that put profit before the safety and wellbeing of its users.

Social media is only part of the problem

Facebook has hit the headlines again for the wrong reasons. Whistle Blowers are suggesting that it has made decisions that put profit before the safety and wellbeing of its users.

Common sense consumerism

The Court’s recent dismissal of the Commerce Commission’s case against Bunnings provides guidance on the use of taglines under the Fair Trading Act.

Common sense consumerism

The Court’s recent dismissal of the Commerce Commission’s case against Bunnings provides guidance on the use of taglines under the Fair Trading Act.

AI: Artificial Inventor?

The Federal Court of Australia says a machine can be an “inventor”, but the Patents Office disagrees…

AI: Artificial Inventor?

The Federal Court of Australia says a machine can be an “inventor”, but the Patents Office disagrees…

Firm News - IoD Emerging Director Award

We are delighted to announce that partner Anchali Anandanayagam has won the Institute of Directors (IoD) Auckland Branch’s Emerging Director Award.

Firm News - IoD Emerging Director Award

We are delighted to announce that partner Anchali Anandanayagam has won the Institute of Directors (IoD) Auckland Branch’s Emerging Director Award.

Regulation Alert: New Rules for Retail Payments System

A new regulatory regime for the retail payments system is brewing. Here’s a quick rundown on what to expect.

Regulation Alert: New Rules for Retail Payments System

A new regulatory regime for the retail payments system is brewing. Here’s a quick rundown on what to expect.

Adapting Business at Pace - A Yarn Live

Adapting business at pace and during a pandemic is nothing short of inspiring. Hosted by Ryan Ashton, tune into 'Yarn Live' to hear from the team as they share their insights.

Adapting Business at Pace - A Yarn Live

Adapting business at pace and during a pandemic is nothing short of inspiring. Hosted by Ryan Ashton, tune into 'Yarn Live' to hear from the team as they share their insights.

More Fair, More Responsibility

Important changes to the Fair Trading Act 1986 were passed into law last week.

More Fair, More Responsibility

Important changes to the Fair Trading Act 1986 were passed into law last week.

Beware the re-share

Sarah Cachopa outlines a recent case in relation to the Harmful Digital Communications Act 2015, reports of which are on the rise, sending a cautionary message to all social media users.

Beware the re-share

Sarah Cachopa outlines a recent case in relation to the Harmful Digital Communications Act 2015, reports of which are on the rise, sending a cautionary message to all social media users.

Bathurst: Supreme Court gold nuggets among the coal

Contractual interpretation and the Supreme Court’s important decision in Bathurst could impact all New Zealand contracts, particularly if things don’t go as planned.

Bathurst: Supreme Court gold nuggets among the coal

Contractual interpretation and the Supreme Court’s important decision in Bathurst could impact all New Zealand contracts, particularly if things don’t go as planned.

Life Story Rights - Do I Need Them?

It’s a question that we often get asked by content creators. The answer seems to surprise people.

Life Story Rights - Do I Need Them?

It’s a question that we often get asked by content creators. The answer seems to surprise people.

An “indefeasible right of use” in capacity – a pauper dressed up as a princess?

Telecommunication network operators and ISPs who do not own their own cable network but wish to provide services to their customers using fibre optic cables have several options to procure the rights they need.

An “indefeasible right of use” in capacity – a pauper dressed up as a princess?

Telecommunication network operators and ISPs who do not own their own cable network but wish to provide services to their customers using fibre optic cables have several options to procure the rights they need.

Top Trends in Tech Transformations

There's a tech transaction boom, as organisations shift to modern platforms and address their "tech debt". Here are the big trends we're seeing.

Top Trends in Tech Transformations

There's a tech transaction boom, as organisations shift to modern platforms and address their "tech debt". Here are the big trends we're seeing.

Do you know who I am?

The age of automated facial recognition technology (FRT) is already among us, what does mean for you?

Do you know who I am?

The age of automated facial recognition technology (FRT) is already among us, what does mean for you?

Reasons Why to Classify

From 1 August 2021 all commercial video on-demand (CVOD) and streaming platforms will be required to display New Zealand age ratings and content warnings on all films, shows and other content.

Reasons Why to Classify

From 1 August 2021 all commercial video on-demand (CVOD) and streaming platforms will be required to display New Zealand age ratings and content warnings on all films, shows and other content.

Pride and Consumer Prejudice

Green washing, pink washing and now rainbow washing: why a temporarily-rainbow-coloured logo doesn’t cut it now – and probably never did.

Pride and Consumer Prejudice

Green washing, pink washing and now rainbow washing: why a temporarily-rainbow-coloured logo doesn’t cut it now – and probably never did.

What do a global pandemic and intellectual property have in common?

From adversity comes challenge and opportunity, which in turn creates the perfect environment for innovation, and from innovation comes Intellectual Property.

What do a global pandemic and intellectual property have in common?

From adversity comes challenge and opportunity, which in turn creates the perfect environment for innovation, and from innovation comes Intellectual Property.

A blurring of the lines – infringement of music copyright

We recently took a road-trip presenting on IP rights to talented members of the film and TV industry, this included copyright and, within that, the use of “soundalikes”.

A blurring of the lines – infringement of music copyright

We recently took a road-trip presenting on IP rights to talented members of the film and TV industry, this included copyright and, within that, the use of “soundalikes”.

Worried about cyber-attacks? What your business needs to know

Recent high-profile cyber-attacks have made many businesses aware of the significant and detrimental impact that a successful cyber-attack can have on its ability to operate.

Worried about cyber-attacks? What your business needs to know

Recent high-profile cyber-attacks have made many businesses aware of the significant and detrimental impact that a successful cyber-attack can have on its ability to operate.

Wisdom from Wellington

The recent ILANZ conference was a great opportunity to catch up with clients, make some new friends and hopefully take away some nuggets of wisdom.

Wisdom from Wellington

The recent ILANZ conference was a great opportunity to catch up with clients, make some new friends and hopefully take away some nuggets of wisdom.

Legislation leads to greater transparency

Reports of privacy breaches have doubled following the introduction of the Privacy Act 2020.

Legislation leads to greater transparency

Reports of privacy breaches have doubled following the introduction of the Privacy Act 2020.

From Inception to Exit - Podcast

Check out the latest Biz Bytes podcast featuring Edwin Lim & Sarah-Jane Lawson on what founders should think about during the life-cycle of a tech business.

From Inception to Exit - Podcast

Check out the latest Biz Bytes podcast featuring Edwin Lim & Sarah-Jane Lawson on what founders should think about during the life-cycle of a tech business.

Out with the copper in with the glass – The Copper Withdrawal Code

Soon, a copper connection will be a distant memory, as we come to rely on a fibre optic network

Out with the copper in with the glass – The Copper Withdrawal Code

Soon, a copper connection will be a distant memory, as we come to rely on a fibre optic network

Firm news | Partnership announcement

Celebrations are in order...

Firm news | Partnership announcement

Celebrations are in order...

Commerce Amendment Bill impacts your IP rights

Where IP looks to reward creativity and innovation by granting limited statutory monopolies, competition law ensures effective competition within markets by prohibiting monopolistic behaviour.

Commerce Amendment Bill impacts your IP rights

Where IP looks to reward creativity and innovation by granting limited statutory monopolies, competition law ensures effective competition within markets by prohibiting monopolistic behaviour.

The Rise of the Creative Machines

Can copyright subsist in AI generated works?

The Rise of the Creative Machines

Can copyright subsist in AI generated works?

Summing up summer clerking

This summer, Alex and Ishan traded out watching Suits in their living rooms for the real deal at HGM. Here's what they had to say.

Summing up summer clerking

This summer, Alex and Ishan traded out watching Suits in their living rooms for the real deal at HGM. Here's what they had to say.

What is the trade off between keeping us safe and secure using monitoring such as CCTV, versus a step too far for our private lives?

Overseas data transfers: new guidance

New guidance on data transfers published ahead of Privacy Act 2020

Overseas data transfers: new guidance

New guidance on data transfers published ahead of Privacy Act 2020

To have and to hold

Planning or providing goods and services for a wedding this coming season? Here are some things to consider.

Eight highlights for eight weeks

Sharing stories and positive news was crucial to getting through lockdown, just in case you missed it, here are eight highlights for eight weeks...

When parties come together for a common purpose such as a collaboration, or a supply of goods or services, confidential information is likely to be exchanged in order to fulfill that purpose. Parties can establish various arrangements to address how that information will be stored and used.

What's next | Confidentiality, Privacy & Data Processing

When parties come together for a common purpose such as a collaboration, or a supply of goods or services, confidential information is likely to be exchanged in order to fulfill that purpose. Parties can establish various arrangements to address how that information will be stored and used.