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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To identify the relevant intellectual property laws applicable for the protection of a metaverse platform in Australia you need to first ascertain all elements that comprise the metaverse platform, all content generated within the metaverse, and how these are created or generated and by whom. This article offers insight and preliminary guidance on this complex and evolving area of the law.
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The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.
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In this update, Stephens Lawyers & Consultants provides an overview of the compensation awarded in privacy breach determinations made during October 2022 – July 2024 by the OAIC and some of the factors it took into account in awarding compensation and costs.
With long awaited changes to the Privacy Act now imminent, businesses cannot afford to be complacent about privacy compliance.
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The OAIC’s latest Notifiable Data Breaches Report (Jul – Dec 2023) reveals the risk for organisations that outsource the handling of personal information to third party service providers and contractors – as well as risks of retaining personal information for longer than needed. In this Update we review the OAIC’s latest findings and provide guidance on steps an organisation can take to minimise risk and harm and to protect confidential information/data.
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