The Optus data breach involving the disclosure of personal information of about 10 million Optus customers, exposes Optus to claims for compensation under the Privacy Act 1988 (Cth) and also to possible claims for breach of contract, negligence and contravention of the Australian Consumer Law.
Read moreRecent case of ASIC v RI Advice Group Pty Ltd serves as a warning that companies which do not have adequate cybersecurity risk management plans, systems and controls in place are at risk of contravention of the Corporations Law and the Privacy Act which can result in substantial pecuniary penalties. Practical steps can be taken by companies and their directors to reduce these risks.
Read moreIn this article Stephens Lawyers & Consultants considers how the increasing use of AI technology or systems in the inventive or creative process to generate inventions and literary, artistic, musical and dramatic works is challenging Australia’s existing IP laws, and offers policy and practical considerations for Intellectual property protection of AI or computer generated works.
Read moreKnowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.
Read moreAs from 1 July 2022, advertising of therapeutic goods must comply with the new Therapeutic Goods Advertising Code 2021, which came into effect on 1 January 2022 (with a 6 month transition period which ended on 30 June 2022). In addition, all advertising of therapeutic goods must comply with the Australian Consumer Law. Are your advertising campaigns complaint?
Read moreThe importation, manufacture, advertising and supply of cosmetics in Australia is highly regulated and complex. Dealing with three government regulators adds to the complexity and expense of getting cosmetics to market. In this Information Sheet Stephens Lawyers & Consultants offers guidance on some of the matters to be considered before a cosmetic product or range can be launched in the Australian market.
Read moreStephens Lawyers & Consultants provides a review of the compensation awarded in determinations for privacy breaches made during the period 2020 – September 2022 by the Office of the Australian Information and Privacy Commissioner.
Read moreUnderstanding the risks and legal issues associated with using cloud based computing services is critical for risk management and protection of an organisation’s data and related intellectual property and to minimise the risk of business disruption.
Read moreThe Australian Competition and Consumer Commission (‘ACCC’) has issued its 2022/23 Compliance and Enforcement Policy and Priorities. The ACCC’s priorities for 2022/23 include a focus on manipulative or deceptive advertising and marketing practices in the digital economy, environmental claims and sustainability.
Read moreCourts continue to award large sums for online defamation. High Court rules that companies, organisations or individuals who create and administer public Facebook pages or pages on other networking platforms, which encourage or facilitate the posting of comments or content by third party users, will be liable as publishers for third party defamatory content or comments that have been posted on their page…
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