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Innovation is at the heart of Hayley Miller’s practice. She has developed a multi-disciplinary practice which is often at the intersection of technology privacy and consumer law.

Hayley has extensive experience working collaboratively with developers, suppliers and purchasers of technology hardware, software, infrastructure, products and services, including licensing, development, commercialisation, supply and acquisition and various ‘as a service’ offerings.

Hayley has acted for a number of well-known companies procuring new software platforms to underlie their business operations and the related outsourcing of services (including large financial institutions, manufacturing entities, SOEs and others). Hayley is experienced in balancing agile software development contracts to reflect the reality of the agile model, while still giving the customer enough certainty to satisfy the business case.

Hayley also assists clients with the commercialisation of their technology, including IT, medical, fintech and other innovative technology products across a broad range of industries and sectors.

Hayley is an expert on New Zealand privacy law, regularly advising on regulatory compliance, cybersecurity, data sovereignty and other considerations to the use of cloud based technology. She assists clients utilizing big data within their organizations or as the base for new ventures utilising big data analytics. Ask Hayley about GDPR compliance.

Admission date: 2000

EXPERIENCE

Hayley has advised: 

  • a large NZ bank in relation to the procurement of a new main frame and related services.
  • on the privacy implications of drones (for two household names) and use of CCTV cameras and footage (including for a worldwide retail chain). She has also undertaken product compliance for a large range of technology products (including wearable technology, banking products and quasi-medical technology) which often includes advice on radio spectrum licensing rules, electrical product regulations, and other requirements.
  • Crown Fibre Holdings Limited (CFH) on the drafting and negotiating of Schedule 6 (Services and Pricing) of the UFB Network Infrastructure Project Agreements with the various counterparties (Chorus, Northpower, ESL and Ultra Fast Fibre) and interrelated sections of the suite of documents prepared.
  • a global social media corporation on NZ privacy legislation and prohibitions on unsolicited electronic messages as it might apply to one of its targeted advertising offers and use and commercialisation of data it has collected about its members. This advice included a review of the standard terms for use with advertisers and members and advice on the model proposed.
  • a range of clients on updating contracts, business processes and sales scripts to address the revised Fair Trading Act provisions for uninvited direct sales, layby sales, extended warranties and unfair contract terms.  
  • clients in discussions with the Commerce Commission to defend terms challenged as being unfair and negotiate compromise provisions. 

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