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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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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Understanding 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.
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