Business Insight

What's Ahead 2026 ‒ Technology industry in Australia

By Tihana Zuk, Geoff McGrath, Rebecca Cope, Nina Fitzgerald and Stuart Dullard

06 March 2026

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    What's Ahead 2026 ‒ Technology industry in Australia

    Digital platforms, online content providers and other businesses active in the digital economy continue to face an increasingly complex and evolving regulatory and legal landscape in Australia.

    2026 is shaping up as a year of global disruption and regulatory divergence, as the US and EU appear to move in opposite directions on tech oversight. In Australia, key themes to watch include significant AI-fueled investment in infrastructure, a pragmatic regulatory approach under the National AI Plan, heightened merger scrutiny under the new mandatory regime, momentum in private litigation, and a laser focus on online safety and consumer harm.

    To help you stay on top of the key developments, our multi-disciplinary team has created a snapshot of significant emerging themes, incoming reforms, and cases to watch this year. We cover critical areas including:

    • AI — including Australia's regulatory pivot under the National AI Plan, AI governance frameworks, and new transparency obligations for automated decisions.
    • Privacy, data and cyber security — including proposed Privacy Act reforms, the new statutory privacy tort, regulator focus areas, and "horizon 2" of Australia's cyber security strategy.
    • Competition and consumer protection — including the new mandatory merger regime, the Scams Prevention Framework, and draft unfair trading practices reforms.
    • Online safety — including world-first social media minimum age laws, age-gates on online content, action on AI-generated harms, and potential digital duty of care legislation.
    • Telecommunications, connectivity and data centres — including a new registration scheme and new enforcement powers, direct-to-device satellite mandates, and progress on national data centre principles.

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    Authors: Tihana Zuk, Partner, Competition; Rebecca Cope, Partner, Digital Economy; Geoff McGrath, Partner, Digital Economy; Nina Fitzgerald, Partner, IP/Media; Robert Todd, Consultant, IP/Media; Nick Perkins, Counsel, IP/Media; Phillip Aquilina, Senior Associate, Dispute Resolution; Stuart Dullard, Partner, Corporate Transactions; and Andrew Hilton, Expertise Counsel, Digital Economy.

    Want to know more?

    Artificial Intelligence

    Privacy, Data and Cyber Security

    Competition and Consumer Protection

    Telecommunications, Connectivity and Data Centres

    Tech M&A

    Disputes

    This publication is a joint publication from Ashurst Australia and Ashurst Risk Advisory Pty Ltd, which are part of the Ashurst Group.

    The Ashurst Group comprises Ashurst LLP, Ashurst Australia and their respective affiliates (including independent local partnerships, companies or other entities) which are authorised to use the name "Ashurst" or describe themselves as being affiliated with Ashurst. Some members of the Ashurst Group are limited liability entities.

    Ashurst Australia (ABN 75 304 286 095) is a general partnership constituted under the laws of the Australian Capital Territory.

    Ashurst Risk Advisory Pty Ltd is a proprietary company registered in Australia and trading under ABN 74 996 309 133.

    The services provided by Ashurst Risk Advisory Pty Ltd do not constitute legal services or legal advice, and are not provided by Australian legal practitioners in that capacity. The laws and regulations which govern the provision of legal services in the relevant jurisdiction do not apply to the provision of non-legal services.

    For more information about the Ashurst Group, which Ashurst Group entity operates in a particular country and the services offered, please visit www.ashurst.com.

    This material is current as at 6 March 2026 but does not take into account any developments to the law after that date. It is not intended to be a comprehensive review of all developments in the law and in practice, or to cover all aspects of those referred to, and does not constitute legal advice. The information provided is general in nature, and does not take into account and is not intended to apply to any specific issues or circumstances. Readers should take independent legal advice. No part of this publication may be reproduced by any process without prior written permission from Ashurst. While we use reasonable skill and care in the preparation of this material, we accept no liability for use of and reliance upon it by any person.

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