The Australian Competition and Consumer Commission (ACCC), the agency responsible for enforcement of competition, consumer and product safety laws in Australia has issued its 2019 Compliance and Enforcement Policy[i]. The ACCC's focus will remain on product safety issues likely to cause serious harm to consumers and on conduct that will or has the potential to harm the competitive process, and result in widespread consumer or small business … [Read more...] about ACCC: Compliance and Enforcement Priorities for 2019 – Legal Update
Legal Updates
Cloud Computing – Information Sheet – Understanding and Managing Risks
(March 2019) Companies are increasingly using software applications and tools, data storage and back up services which are provided as cloud based solutions (“cloud services”). The internet is used to access cloud based applications or tools, upload, download, execute, process and share data and content, all of which is processed and stored on external servers in datacentres that are under the control of third parties, rather than on … [Read more...] about Cloud Computing – Information Sheet – Understanding and Managing Risks
Compensation for Privacy Data Breaches under the Privacy Act 1988 (Cth)
Data breaches involving individual’s personal, medical and financial/credit information can result in reputational damage and financial losses, particularly where the breaches result in identity theft. The Australian privacy law provides for an individual affected by a data privacy breach to seek compensation from the organisation involved in the breach. The individual may also have claims for the data privacy breach based on breach of contract, … [Read more...] about Compensation for Privacy Data Breaches under the Privacy Act 1988 (Cth)
Social Media and Defamation
Tweets and Facebook posts and comments capable of conveying defamatory imputations The use of Twitter, Facebook and other social media for marketing and promotional purposes – whether it be the promotion of a new product, the dissemination of news or entertainment services, or the development of a personal or corporate brand – requires careful scrutiny to limit the risk of exposure to a claim in defamation. Recent court decisions (which are … [Read more...] about Social Media and Defamation
Consumer Guarantees and Warranties: Is Your Business Compliant – Information Sheet (November 2018 – Updated May 2019)
Is Your Business Compliant? The Australian Consumer Law ( "ACL") [i] 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. 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. Consumer … [Read more...] about Consumer Guarantees and Warranties: Is Your Business Compliant – Information Sheet (November 2018 – Updated May 2019)