If you store personal information of any kind you have strict obligations under the Privacy Act not to disclosure that information to third parties. Systems, however, can be breached.
Our legal experts will keep you up to date on all relevant and current developments.
If you store personal information of any kind you have strict obligations under the Privacy Act not to disclosure that information to third parties. Systems, however, can be breached.
Australian case law tends to show that Australian courts apply general contract law principles to determine whether, and to what extent, a set of terms and conditions on the website are binding on the contractual parties.
Late last year, the film industry in Australia won its first legal battle against piracy and unauthorised downloading practices since the amendment of the Copyright Act in June 2015.
Electronic signatures, also known as eSignatures, are a simple means by which documents can be legally signed. In this era, where rapidly growing technology is having a high impact on the business world, eSignatures have allowed for a faster more efficient way for people to legally complete and exchange a range of contracts, approvals, agreements and transactions.
CCTV, videos and photos in health, aged care and retirement living and disability is becoming more of an issue following the increase in the use of social media and disturbing media reports of a “secret camera” capturing the alleged abuse of an elderly man in an Adelaide nursing home in July 2016.
Most readers of this article would be familiar with the Nurofen specific pain products, each being labelled Nurofen Back Pain, Period Pain, Migraine Pain, or Tension Headache, as these products have been marketed in that manner in Australia since about 2006.
Online providers have been warned that advertising the lowest price on a web landing page, then adding admin costs, insurance, booking fees and other expenses as you work through the booking process will be consider unfavourably by the Australian Competition and Consumer Commission (‘ACCC’).
Just ask Jetstar and Virgin. The ACCC has hit them with fines totalling over $750,000 for doing just that.
The ACCC first began openly tackling the issue of drip pricing in 2014. Drip pricing, according to the ACCC, is defined as the incremental disclosure of fees and charges over an online booking process.
Readers would be familiar with the contents of the SPAM Act. Essentially, the Act requires that an electronic communication must not be sent without the consent of the recipient, it must contain clear and accurate information about the person or organisation that authorised the sending of the message, and it must contain an “opt out” or “unsubscribe” provision so the recipient can choose not to receive emails in the future.
As new businesses develop and technology advances some principles still remain the same.
Recently a digital advertising agency was prosecuted by the Australian Competition and Consumer Commission in relation to the supply or possible supply of its advertising services. The advertising was to be done by way of digital displays at various shopping centres.
It`s important to pay attention to the way the personal information of your company is secured. If you mishandle the confidential information of your customers, it can cause them a financial or reputational loss and lead to a decreasing of trust and considerable harm to your good name.
So what should you do to maximise protection and minimise the consequences if there is a breach?