Companies 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.
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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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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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A strong business reputation is crucial in today’s online and social media environment. A good on-line business reputation can affect the bottom line of a business. So it makes good business sense to take steps to maintain and protect your good, strong business reputation.
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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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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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