AI law comparison · Data verified 2026-08-22
Australia Privacy Act vs GDPR Article 22
Australia Privacy Act and GDPR Article 22 are two of the 169 AI and data regulations Aegis Firma tracks. They have different scopes, effective dates, and penalties — and many businesses fall under both. Here is the side-by-side, drawn directly from the regulatory registry.
Find which laws apply to my businessSide by side
Summary of publicly available regulatory text. Verify against current official sources before relying on this for compliance decisions. Not legal advice.
The key difference
Australia Privacy Act takes effect first, so it is usually the more urgent of the two. Australia Privacy Act tracks 4 compliance requirements and GDPR Article 22 tracks 5. They are not interchangeable — meeting one does not discharge the other. The practical question is not which law is “stricter,” but which of them — or both — actually applies to your business.
Australia — Privacy Act 1988 AI Obligations + Reform Watch (2024 Amendments)
Australia has no standalone mandatory AI law as of July 2026 (web-verified 2026-07-01), but two frameworks govern AI use of personal data. (1) Privacy Act 1988 (Cth) — enforced by the Office of the Australian Information Commissioner (OAIC) — requires transparency about automated decision-making, data minimisation, and individual access rights for any organisation with annual turnover over AUD $3 million. The OAIC's…
Full Australia Privacy Act requirementsEU GDPR Article 22 — Automated Decision-Making & AI Profiling
GDPR Article 22 (in force since May 25, 2018) gives EU and EEA residents the right not to be subject to decisions based solely on automated processing — including AI profiling — that produces legal or similarly significant effects (credit scores, hiring, insurance pricing, content moderation). Organizations must inform individuals of automated processing, provide meaningful explanations of logic, implement human revi…
Full GDPR Article 22 requirementsCommon questions
Could both Australia Privacy Act and GDPR Article 22 apply to my business?
Yes. Australia Privacy Act and GDPR Article 22 are separate regulations with separate scopes — a business can fall under both at once. Australia Privacy Act covers The Privacy Act 1988 applies to organisations with annual turnover exceeding AUD $3 million and to all federal government agencies (regardless of size). GDPR Article 22 covers GDPR Art. If your operations meet both scopes, you must comply with both. Aegis Firma's free scan checks all 169 tracked regulations against your business profile so you do not have to read each law to find out.
Which has the higher maximum penalty — Australia Privacy Act or GDPR Article 22?
Australia Privacy Act: AUD $50 million, 30% of adjusted turnover, or 3× benefit obtained — for serious or repeated privacy interference (Privacy and Other Legislation Amendment Act 2024) GDPR Article 22: €20,000,000 or 4% of global annual turnover — whichever is higher (GDPR Art. 83(5)) Penalty structures differ by regulator and violation type — read each law's full page for the cure periods and per-violation detail.
When does each law take effect?
Australia Privacy Act — effective 1988-12-21. GDPR Article 22 — effective 2018-05-25. Dates last verified against official sources on 2026-08-22 and 2026-08-22 respectively.
Related comparisons
Stop guessing which laws apply
Answer a short questionnaire about your business and Aegis Firma tells you exactly which of 169 regulations apply — and what each one requires you to do.
Start free compliance scan