The Privacy Act 1988 is the primary federal legislation that governs protection of personal information and applies horizontally. The Act includes thirteen Privacy Principles, which set out standards, rights and obligations for the handling, holding, use, accessing and correction of personal information (including sensitive information.
Amendments to the Privacy Act 1988 took effect in February 2018 to introduce a mandatory notification scheme for entities in responding to data breaches. The notifiable data breaches (NDB) scheme introduced an obligation to notify individuals whose personal information is involved in a data breach that is likely to result in serious harm. The NDB scheme applies to all agencies and organisations with existing personal information security obligations under the Australian Privacy Act.

The Telecommunications (Interception and Access) Act 1979 requires a telecommunication service provider to keep specific telecommunications data relating to the services it offers for two years (187C). The dataset to be kept includes: the subscriber and the accounts of telecommunications devices, the source of a communication, the destination of a communication, the date, time and duration of a communication, the type of a communication, and the location of equipment or a line used (187AA). This retention scheme was inserted into the Act by the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015.

In the Privacy Act 1988, the Australian Privacy Principle 8 creates a regime that allows cross-border disclosure of personal information in six different scenarios (Schedule 1). These conditions include but are not limited to situations where there are data protection frameworks that are similar or equivalent to those in Australia, there is consent to the disclosure, or the disclosure is required by laws. The Australian Privacy Principles were inserted into the Privacy Act by the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which came into force on 12 March 2014.

Australia has joined agreements with binding commitments to open transfers of data across borders: the Singapore-Australia Free Trade Agreement (SAFTA, Chapter 14, Art. 13), the Australia-Peru Free Trade Agreement (Art. 13.11), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11), the Indonesia - Australia Comprehensive Economic Partnership Agreement (Art. 13.11), the Australia-Hong Kong Free Trade Agreement and associated Investment Agreement [Article 11.7(2) and 11.15(1)], and the Australia-United Kingdom Free Trade Agreement [14.10(2)].

The Australian Communications and Media Authority Act 2005 No. 44 establishes that Australia has an independent telecommunications authority, the Australian Communications and Media Authority (ACMA). Yet, Division 4 of the Act establishes that the Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. However, such a direction can only be of a general nature if it relates to the ACMA’s broadcasting, content and datacasting functions; or the ACMA’s powers relating to those functions. It is reported that the ACMA is independent from the government in the decision-making process.

My Health Records Act 2012 requires information relating to health records to be stored and processed within Australia unless the records do not include "personal information in relation to a healthcare recipient or a participant in the My Health Record System" or "identifying information of an individual or entity" (Section 77).

Australia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

According to the National Broadband Network Companies Act 2011 (Subdivision A, Division 2, Part 3), the Commonwealth must retain full ownership of National Broadband Network Co (NBN Co). In addition, this ownership structure could be terminated only in limited circumstances (Subdivision B).

National Broadband Network Co (NBN Co) is a wholly government-owned enterprise tasked with designing, building, deploying, and operating a high-speed (internet) access network across Australia.

Australia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Regarding functional separation, it is mandated for operators with significant market power, according to Act No. 47 and the Carrier Licence Conditions Declaration. On the other hand, accounting separation is mandated only in some cases: National Broadband Network Co (NBN Co) is required to maintain separate accounts for its different technology units.

Australia lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Corporations Act 2001 provides that a person who obtains information because they are, or have been, a director or other officer or employee of a corporation must not improperly use the information. Similarly, the Competition and Consumer Act 2010 states that a bargain between two parties never requires disclosure of a trade secret. In addition, a common method to claim for breach of contractual and statutory obligations of confidence related to unlawful disclosure of trade secrets is the use of an equitable action for breach of confidence.

According to Art. 34 of the Telecommunications Act 1997, telecommunications carriers have statutory rights of access to other carriers' towers and ducts, but such access is not mandated. Passive infrastructure sharing is practiced in Australia in the mobile sector: co-location is negotiated on a commercial basis. Carriers have regulated rights of access to towers owned by other carriers for the purposes of providing carriage services. The Telecommunications Act 1997 provides for carriers to provide other carriers with access to telecommunications transmission towers, the sites of telecommunications transmission towers and eligible underground facilities. The Australian Competition and Consumer Commission has made a code which sets out conditions that are to be complied with in relation to the provision of access.
In addition, passive infrastructure sharing is practiced also in Australia in the fixed sector: the Australian Competition and Consumer Commission has declared the following services: - line sharing service (LSS) - local carriage service (LCS) - fixed originating access service (FOAS) - fixed terminating access service (FTAS) - unconditioned local loop service (ULLS) - wholesale line rental (WLR) - wholesale ADSL service (WADSL). Once a service is declared, a network owner must provide access to the service upon request.

According to Section 8BG of the Telstra Corporations Act 1991 (as amended by the Act No. 53 of 1999), foreign ownership of Telstra (the incumbent telecommunication company) is limited to 35% and individual foreign investors are only allowed to own up to 5%.

Australia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Australia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.