On 29 November, 2024 amendments to the Australian privacy law made by the Privacy and Other Legislation Amendment Bill 2024 (the ‘Bill’) passed and came into effect on 11 December 2024 (the day after receiving Royal Assent). In this Update we provide an overview of some of the key changes arising from the Bill, together with guidance on steps that businesses can consider taking now to prepare for the changes and privacy law compliance generally.
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Maintaining and protecting a business’s trade marks, brand names, designs, patents and copyright material are critical for maximizing the value of the intellectual property and resulting revenue. This update provides an overview of some of the strategies that businesses can consider implementing for the maintenance and protection of their intellectual property rights in the on-line digital market environment and generally.
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Advertising prescription-only medicines to the public can result in criminal and civil penalties for both corporations and individuals amounting to many millions of dollars. The Therapeutic Goods Administration has been stepping up its enforcement actions to stop unlawful advertising to the public of therapeutic goods including prescription-only medicines. This article includes some strategies that businesses can implement to minimize the risk of non-compliance.
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Recent cases show that failure by businesses to ensure that environmental sustainability marketing claims are accurate can result in legal action being taken by regulators for false representations and misleading and deceptive conduct exposing the company and its directors to significant penalties and compensation claims.
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The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.
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In this update, Stephens Lawyers & Consultants provides an overview of the compensation awarded in privacy breach determinations made during October 2022 – July 2024 by the OAIC and some of the factors it took into account in awarding compensation and costs.
With long awaited changes to the Privacy Act now imminent, businesses cannot afford to be complacent about privacy compliance.
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