This Article provides an overview of Australia’s existing regulatory framework used to regulate AI technologies, the ongoing government consultations and proposed reforms to the laws. Using the failed Robodebt system as a case study, it also showcases the risks associated with failed AI systems, including claims for compensation in the billions of dollars and reputational damage that follows.
Read moreDigital 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.
Read moreOn 17 January 2024, the Australian Government released its Interim Response to consultations held on Safe and Responsible AI in Australia. The Interim Response shows that the Government will be targeting the use of AI in ‘high-risk settings’ with ‘mandatory guardrails’ for the safe AI design, development and deployment in high risk settings being considered in close consultation with industry and the community.
Read moreDecember 2023 – The Office of the Australian Information Commissioner (OAIC) has launched an inquiry into whether TikTok’s use of marketing pixels, which track people’s online habits, breaches Australia’s privacy laws. The inquiry follows TikTok’s recent fines in Europe and the UK – including a fine of €345m (AU$560m) for breaking the European Union (EU) data laws about children’s accounts.
Read moreStandard form contracts are being subjected to increased scrutiny for unfair contract terms by regulators. On-line terms and conditions are of particular concern because consumers are often given no choice but to accept onerous or unfair terms if they wish to proceed with the purchase of goods or services. In this update, Stephens Lawyers & Consultants discuss some recent ACCC enforcement proceedings in respect of unfair contract terms and offer some strategies for minimising the risk of terms being declared unfair and unenforceable.
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