Technology Disputes – Risk Management – April 2024

Digital economy including digital platforms and on-line market-places continue to be compliance and enforcement priorities for regulators in Australia – including ACCC, ASIC and OAIC. This update provides a review of recent Australian technology cases and ensuing compliance and risk management issues.

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ACCC to examine ‘general internet search services’ in Australia

On 18 March, 2024, the ACCC released an issues paper seeking submissions from consumers, businesses and industry participants about their experience and developments in general search services in Australia. The ACCC issues paper is focussing on the impact of regulatory and industry developments; trends in search quality and the emergence of generative AI.

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ASIC steps up surveillance work to shut down scam websites and protect consumers

ASIC’s latest Enforcement and Regulatory Update Report (for the period October to December 2023) reveals ASIC’s focus on protecting consumers and Australians generally by targeting digitally enabled misconduct – including stopping online investment scams at the source and taking down scam websites. This is in addition to ASIC’s continuing focus on strengthening financial market integrity, insurance institution failures, greenwashing and improving regulatory and legal compliance

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Advertised Delivery Times Matter – Can Your Business Deliver On Time?

Federal Court proceedings recently commenced by the ACCC against national fashion retailer, Mosaic Brands Limited, places businesses on notice to make sure that they can comply with their advertised delivery timeframes and deliver on time – or risk high penalties for making false or misleading representations to consumers in breach of the Australian Consumer Law. Mosaic Brands Limited owns Katies, Noni B and Rivers.

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