September 2021 Directors, as persons responsible for the management and control of a company, bear strict legal duties. Under the Corporations Act 2001 (Cth) and at general law, a director: Has a duty to act with care, skill and diligence [section 180 of the Corporations Act];[i] Has a duty to exercise their powers and discharge… Read More
Read moreRisk Management: Data Protection and Privacy Compliance Privacy compliance and data breach risk management is too often not taken seriously by Australian organisations. The complexity of organisational structures and IT business systems in many instances results in management not knowing what data is collected by whole of business and how the data is managed and… Read More
Read moreRisk Management: Data Protection and Privacy Compliance Privacy compliance and data breach risk management is too often not taken seriously by Australian organisations. The complexity of organisational structures and IT business systems in many instances results in management not knowing what data is collected by whole of business and how the data is managed and… Read More
Read moreRecent Cases – July 2019 to August 2021 Stephens Lawyers & Consultants* Publication of defamatory comments on websites, social media and business networking platforms such as Facebook, Twitter, Instagram and LinkedIn can cause devastating harm to both personal and business reputation and business losses. Some of the defamatory material published is of such an extreme… Read More
Read moreby Katarina Klaric, Principal, Stephens Lawyers & Consultants Knowing the advertising laws that apply to the marketing and advertising of a particular product or services is critical to avoid breaches resulting in fines and court proceedings. The recent case of Lorna Jane “Anti-virus Activewear” advertising and marketing campaign provides an example of how an advertising… Read More
Read moreLegal Update Stephens Lawyers & Consultants provides a review of the compensation awarded in determinations made during the years 2016 – 13 April 2021 by the Office of the Australian Information Privacy Commissioner in relation to privacy breaches. CASE PRIVACY PRINCIPLES BREACHED COMPENSATION RECEIVED ‘WZ’ and CEO of Services Australia (Privacy) [2021] AICmr 12 (13… Read More
Read moreFrom 1 July 2021, Victoria,[i] New South Wales,[ii] South Australia[iii] and Queensland[iv] introduced changes to the defamation laws. Key changes brought about by the Model Defamation Amendment Provisions 2020 [“New Defamation Laws”] include the following which are discussed as follows: the serious harm element; the single publication rule; the expanded definition of employees; new requirements… Read More
Read moreCompanies using cloud services, without proper due diligence including the legal review of the terms and conditions of the cloud services agreements and risk management are potentially putting at risk their intellectual property (“IP”) and also risk losing control of their data and content. It is important that businesses understand the risks and benefits of cloud based services and have proper processes and systems to manage the potential risks.
Read moreThe consumer guarantees provided under the Australian Consumer Law (‘ACL’) cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty. The ACL provides consumers with rights and remedies against suppliers (including on-line retailers) and manufacturers of goods or services acquired by them that do not comply with consumer guarantees. Is your business compliant?
Read moreBusinesses using AI computer systems or technology to generate literary or artistic works such as reports, directories or other compilations, databases, computer software, digital images, designs or plans, are at risk of not having copyright protection. Copyright material is a valuable asset of a business. However, businesses may not be able claim and enforce copyright protection in such material where human authorship of that material cannot be established, particularly if it has been generated using AI technology.
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