On 18 February 2021, social media company Facebook made the decision to prohibit the publishing and sharing of links (Links) from Australian media companies (News Companies) on the site. This ban came into effect almost immediately after the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 (Cth) (Media Bargaining Code) passed the House of Representatives. The ban has roadblocked News Companies from 9 News to the Bureau of Meteorology and even the beloved satirical news provider, The Betoota Advocate. This article analyses the proposals of the Media Bargaining Code and what the legal effect of non-compliance may be. [Read more…]
IT Law
Kogan fined $310k after breaching Spam Act
28 January 2021 by
On 10 December 2020, the Australian Communications and Media Authority (ACMA) issued an infringement notice (Infringement Notice) to Kogan Australia Pty Ltd ACN 152 570 351 (Kogan) (a subsidiary of ASX listed Kogan.com Ltd ACN 612 447 293) stating that the electronics and appliances brand had contravened section 18(1) of the Spam Act 2003 (Cth) (Spam Act). [Read more…]
Software patent allowed for tracking user action
15 September 2020 by
In the recent case of Facebook, Inc. [2020] APO 19 (Facebook Inc.), the Patent’s office considered whether software that tracks the installation of applications on mobile devices following interactions with advertisements qualifies as a manner of manufacture and is therefore patentable subject matter. [Read more…]
Marketplace terms and conditions – legal issues
3 September 2020 by
A marketplace platform is great for doing online business and connecting service providers and customers. Notable marketplaces are Airtasker, eBay and Amazon, however marketplaces can be used by businesses looking to facilitate human connections between people, such as LinkedIn.
Whatever the purpose of the marketplace, platform operators need to have a set of terms and conditions in place which ringfence the platform operator from certain liabilities and seek to ensure that most issues between users are matters between them, and not the platform operator. Below we outline some of the essential terms that a marketplace terms and conditions should consider. [Read more…]
Interactive Gambling Act 2001 (Cth)
28 August 2020 by
In Australia the Interactive Gambling Act 2001 (Cth) (Act) sets the rules for companies that offer or advertise gambling services. It applies to all online gambling, whether through a website, app or social media platform. Under the Act, the provision of internet gambling services in Australia is generally prohibited, subject to some exceptions. The Act empowers the Australian Communications and Media Authority (ACMA) to investigate complaints, write investigation reports and undertake enforcement and compliance monitoring activities. [Read more…]
Standard form IT procurement contracts – legal issues
27 August 2020 by
Standard form IT procurement agreements are commonly used by businesses which have an established procurement department to standardise the commercial and legal procurement process. Below we address key terms in standard form IT procurement agreements which suppliers should look out for when presented with one. [Read more…]
Advertising guidelines for Carriage Service Providers
5 August 2020 by
This article gives an overview of the requirements set out under the Telecommunications Consumer Protections Code 2019 (TCP Code) for advertising by Carriage Service Providers (CSP). The TCP is a binding code under the Telecommunications Act 1997 (Cth) and the Telecommunications Industry Ombudsman can take enforcement action CSP’s which breach the TCP Code. [Read more…]
Standard form telecommunications services agreements
31 July 2020 by
Too often carriage service providers neglect to ensure that their standard form of service agreement (SFA’s) comply with the telecommunications law regulatory regime. This can lead to consumer complaints to the Telecommunications Industry Ombudsman (TIO) and orders for compensation to be paid to the Consumer and fines. Below we set out some of the key requirements that need to be complied with for carriage service providers comply with the telecommunications law. [Read more…]
Software as a Service agreements revisited
30 July 2020 by
Offering software as a cloud-base software solution is important in this ever-increasing cloudy environment. In a previous article we discussed the legal considerations for those commercialising a software as a service agreement (SaaS Agreement) as a business model. Below we revisit SaaS Agreements and set out key issues to consider when going to market. [Read more…]
Managed service agreements for IT companies
30 July 2020 by
A Managed Services Agreement (MSA) is an agreement between an IT managed services provider (MSP) and its client. An MSP will manage and provide a defined set of services to its client as set out in the MSA. Some common services that are provided by MSPs are systems and application management, managed communications, data backup and recovery, data storage, cloud services, network monitoring, management and security and software support and maintenance, authentication services, as well providing any necessary hardware. [Read more…]
