Malicious or criminal attacks and human error continue as the major cause of notifiable data breaches reported the OAIC during the 6 month period to 31 December 2022 according to the OAIC Notifiable Data Breach Report-July-Dec 2022. This Update includes a summary of some key findings and statistics contained in the Report as well as steps which organisations can take to minimise the risk and harm of privacy data breaches.
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Introduction to Trade Marks Trade marks are a valuable business asset and represent the identity of the brand and goods and services supplied by the business. While traditionally signifying a “badge of origin”[i] and indicator of quality, trade marks also act as a powerful marketing tool in promoting product recognition amongst consumers. Trade Mark registration… Read More
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This update provides an overview of the new AANA Children’s Advertising Code (which comes into effect on 1 December, 2023), as well as the AANA Code of Ethics for marketing and advertising and the Broadcasting Services (Australian Content and Children’s Television) Standards 2020 which regulates advertising content directed to children.
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Major reforms are proposed to Australian privacy and data protection laws to align the laws with global standards and enhance protection. Businesses will have to start planning for the privacy law changes which are likely to be implemented within the next 12 to 18 months. This update provides an overview of the key proposed reforms and includes some steps businesses can take to get ready for the changes.
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Recognising the impact of current rising cost of living on Australian consumers, areas of ACCC scrutiny for 2023/24 include competition/anti-competitive conduct, fair trading and consumer protection issues in the digital economy, the energy, telecommunications and gas markets, environmental and sustainability claims, unfair contract terms and the financial services sector.
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Increasingly the ACCC is involved in technology disputes, either taking court enforcement proceedings against digital platforms and technology companies or intervening in private litigation commenced by affected parties. This review of recent technology cases provides useful insights for businesses and consumers into emerging trends and the related risk management.
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Courts are continuing to award significant damages for on-line defamatory publications. In this update, Stephens Lawyers & Consultants reviews the damages awards in defamation cases during the period 5 August 2023 to 30 June 2024 involving on-line publications, and provides guidance on damages awards and the factors taken into account by Courts in awarding damages.
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The ACCC is continuing to monitor businesses for making false and misleading representations concerning the existence, exclusion or effect of warranties and consumer guarantees. This article provides guidance on some steps businesses can take to minimise risk of contravention of the Australian Consumer Law.
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Recent awards of damages by courts for online defamation continue to serve as a warning to reviewers, bloggers, influencers and business competitors that care should be taken to ensure that the content posted online is factually correct and not defamatory. A Gold Coast cosmetic surgeon was recently awarded $420,000 in damages for false reviews made by a business competitor.
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Legal Update: The Therapeutic Goods Administration has been issuing warnings for non-compliant advertising of therapeutic goods while the courts have made it clear when imposing penalties that when it comes to compliance with the Therapeutic Goods Act 1989 (Cth), ignorance of the law is no excuse.
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