🛡️OAIC’s 2025–26 Enforcement Priorities: What Is The Impact?
Why OAIC’s 2025–26 Priorities Matter
Australia’s privacy landscape is entering a new phase. With Privacy Act reforms approaching and international regulators cracking down on data misuse, the Office of the Australian Information Commissioner (OAIC) has released its 2025–26 Enforcement Priorities – signalling a shift from education to strict compliance.
💥Why This Matters for You
For brands, publishers, agencies, and AdTech providers, this means privacy is no longer just a back-office function. It’s now:
- A board-level governance risk
- A customer trust imperative
- A campaign performance liability
🔍 Key OAIC Enforcement Focus Areas
1. AdTech, Tracking Technologies & Consent Design
The OAIC will scrutinise how brands and publishers deploy pixels, SDKs, and server-side tracking. Expect a focus on:
- Express consent for cross-site tracking
- Transparent cookie banners that store verifiable records
- Risks in programmatic advertising and data broker integrations
2. Children’s Privacy & Digital Platform Obligations
With the Children’s Online Privacy Code in force, businesses targeting under-18s must:
- Avoid profiling children for targeted advertising
- Implement age-appropriate design standards
- Strengthen parental consent and disclosure practices
3. Dark Patterns & Misleading Interfaces
The OAIC is targeting deceptive UX patterns, such as:
- Pre-ticked consent boxes
- Confusing “reject all” options
- Interfaces designed to nudge users into sharing more data than intended
4. AI Systems & Biometric Data Use
AI and biometrics are now squarely in the OAIC’s sights, particularly:
- Automated decision-making systems under the Privacy Act
- Use of facial recognition, voiceprints, and behavioural identifiers
- Ensuring algorithmic transparency and data minimisation
5. Repeat Offenders & Unresolved Past Issues
Companies with prior OAIC notices or unresolved breaches face heightened penalties, including civil fines and enforceable undertakings.
📢 What’s at Stake for Businesses?
Breaches from non-compliant pixels, flawed consent flows, or dark patterns can attract penalties of $66,000–$330,000 per incident — for both the data controller and the technology implementer. Reputational damage and class actions often follow regulatory findings.
✅Your Top 3 Privacy Priorities Right Now
- Audit Tracking Tools: Map every pixel, SDK, and tag across your campaigns. Identify what’s firing, where data flows, and why.
- Fix Consent & Cookie Banners: Ensure designs align with OAIC and APP expectations, and implement record-keeping for proof of consent.
- Update Privacy Policies: Reflect what data you collect, how it’s used, and where it’s disclosed — particularly for AI and biometric systems.
Need a Partner in Privacy, AdTech or AI Governance?
FMA Consulting works with publishers, brands, and agencies to strengthen data practices — without killing marketing effectiveness.
Get ahead of OAIC enforcement. Contact FMA Consulting to audit your AdTech, fix consent flows, and build AI governance frameworks that meet OAIC’s 2025–26 priorities.
FAQs: OAIC Enforcement Priorities in 2025–26
What are the OAIC enforcement priorities for 2025–26?
The OAIC is targeting AdTech consent practices, children’s privacy, dark patterns, AI and biometric data use, and repeat offenders.
How will this affect AdTech in Australia?
AdTech players face tighter scrutiny on tracking technologies, server-side setups, and data-sharing with offshore vendors.
What penalties apply for non-compliance?
Fines range from $66,000 to $330,000 per breach, with potential for civil penalties, enforceable undertakings, and reputational fallout.
What does ‘dark patterns’ mean under Australian privacy law?
These are manipulative design techniques that mislead users into giving consent or sharing more data than intended, such as confusing opt-out flows.
How can marketers prepare for OAIC enforcement?
Start with a privacy audit, redesign consent flows, and implement AI and AdTech governance frameworks to demonstrate compliance.
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