With on-line digital markets rapidly evolving with the development of new technologies, including AI tools and AI services, the ACCC in its final report released on the 23 June 2025 has identified a number of developments and emerging issues for consumers in digital platform markets which need monitoring. This article explores some of these issues and the ACCC’s recommended regulatory reforms to address them.
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In this Legal Update, Stephens Lawyers & Consultants looks at three (3) major risk areas faced by businesses for breach of the Australian Consumer Law which arise out of the ACCC’s 2025-26 compliance and enforcement priorities and offers guidance on some steps that businesses can consider implementing to minimise risk of non-compliance with the Australian Consumer Law.
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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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Metaverse, 3D virtual digital platforms, if accessible by users located in Australia, will be subject to Australian laws, even if the owners or operators of the platforms are not registered businesses or companies in Australia and do not have a physical presence in Australia. While Australia does not currently have specific laws that regulate the use of AI on the metaverse, Australia’s existing legal framework is used to regulate AI technologies across all industries.
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Australia’s competition law is complex. Metaverse platforms that are registered as a business, company or foreign entity in Australia or are carrying on business within Australia will have to comply with the Competition and Consumer Act 2010 (Cth). Competition law risk assessments should be undertaken before doing business in Australia to ensure compliance with the law and minimise the risk of significant penalties.
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