Consumer Guarantees and Warranties: Is Your Business Compliant? – Update – May 2019

The 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?

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AI Generated Works and Copyright Protection – August 2019

Businesses 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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Compensation & Penalties for Privacy Data Breaches under the Privacy Act 1988 (Cth) – Updated – March 2020

The Australian privacy law provides for an individual affected by a data privacy breach to seek compensation from the organisation involved in the breach. In this article, Stephens Lawyers & Consultants also provides a review and summary of the compensation awarded in determinations made during the years 2016-30 June 2020 by the Office of the Australian Information Privacy Commissioner in relation to privacy breaches and some of the factors taken into account by the Privacy Commissioner in awarding compensation and costs.

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ACCC: Compliance and Enforcement Priorities for 2020 – Legal Update

The ACCC 2020 Compliance and Enforcement Policy identifies a number of key areas which will be the subject of ACCC scrutiny. These include: retailers’ and manufacturers’ compliance with consumer guarantee laws; competition and consumer issues in the funeral services sector; competition and consumer issues relating to digital platforms; ensuring small businesses receive the protections of the competition and consumer laws, with a focus on the Franchising Code of Conduct; misleading conduct in sale and promotion of food products; competition and consumer issues in the commercial construction sector.

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ACCC: Response to COVID-19 Pandemic – Legal Update (8 April 2020)

Businesses should be aware that competition and consumer laws still apply during the COVID-19 pandemic. However, the ACCC will be prioritising its focus on the competition and consumer issues of most relevance arising from the impact of COVID-19. The ACCC has established a COVID-19 Taskforce focusing on early intervention to address immediate problems being faced by consumers and to communicate directly with businesses and inform them about their obligations in relation to cancellations, refunds and suspension of services as a result of the pandemic.

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