Search Results for: EU

Force majeure in a major pandemic

To say the world has been turned upside down is all but literally true in many respects.  Where there is the slightest sneeze of Covid-19, governments have made shut down decisions that that have impacted the ability of businesses to operate and perform their contractual obligations.

A feverous question is whether COVID-19 an event of force majeure and does it relieve the affected party from its obligations?  Below we set out the issues. [Read more…]

EU General Data Protection Regulations (GDPR) – How to comply

Similar to the Australian Privacy Principles (APP) as set out in the Australian Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (GDPR) ‘lays down rules relating to the protection of natural persons and the processing of their personal data.’  The GDPR came into force on 24 May 2016 and became binding on all European Union (EU) member states on 25 May 2018. [Read more…]

Selling into the EU – what do the cookie laws mean for your website?

In May 2012, the United Kingdom’s statutory adoption of the  European Union (EU’s) Cookie Laws came into force.  The effect of the law is that website operators must obtain the express consent for a cookie to be saved and used on a users computer.  The law applies to organisations that host websites from within the EU and also to organisations based in the UK that host outside the jurisdiction.

[Read more…]

Mitchell Willocks

B.Bus., LL.B., GDLP., LL.M., MQLS
Lawyer

Mitchell is a commercially-minded and uniquely skilled lawyer with a passion for the Technology, Media, and Telecommunications (TMT) sector.  Mitchell has a flair for Privacy & Data Protection, New Technologies (including, Artificial Intelligence and Distributed Ledger Technology), Intellectual Property, Competition Law, and Private International Law.  Mitchell thrives on cutting through legal complexity to assist clients in doing business in an ever-changing digital and increasingly global environment.

Formal qualifications

  • Master of Laws (International Commercial Law and Dispute Resolution)
  • Graduate Diploma in Legal Practice
  • Bachelor of Laws
  • Bachelor of Business
  • Certificate III in Information Technology (Software Systems)

Admissions and memberships

  • Admitted to the legal profession as a lawyer in the Supreme Court of Queensland
  • Entered in the Register of Practitioners of the High Court of Australia
  • Member of the Queensland Law Society
  • Associate Member at .au Domain Administration Limited (auDA)
  • Young ICCA General Member at International Council for Commercial Arbitration (ICCA)
  • Professional Member at International Association of Privacy Professionals (IAPP)

Areas of Legal Interest

  • Technology, Media, and Telecommunications
  • Privacy & Data Protection
  • Cybersecurity
  • Intellectual Property
  • Corporate and Commercial
  • Competition and Consumer Protection

Personal Statement

Mitchell lives and breathes technology.  He advises clients on the full gamut of technology matters, including, transactions concerning SaaS, IaaS, PaaS, and other cloud-based services, procurement and software integration, managed services and master service agreements, technology-related disputes, and intellectual property prosecution, enforcement, and commercialisation.

Mitchell is also a passionate advocate for privacy and data protection and cybersecurity and holds significant expertise in the fields with a focus on Europe and the Asia Pacific.  He assists his clients with timely expert privacy advice, privacy and data protection documentation (including, privacy notices, cookies notices, information governance policies, and data breach management plans), data breach crisis management, and regulatory compliance.

In addition to his technology and privacy and data protection expertise, Mitchell also has a deep understanding of broader corporate and commercial matters, with experience concerning complex business transactions, corporate formation and structuring, corporate governance, commercial contracts, and regulatory compliance.

When he is not serving his clients, you will find him designing digital solutions, writing about the latest developments in technology and the law, and exploring the world with his camera in hand.

Contact information

T: (07) 3221 0013
E: mwillocks@dundaslawyers.com.au 

Proposed amendments to use of orphan works

On 13 August 2020, Paul Fletcher MP, Minister for Communications, Cyber Safety and the Arts, announced amendments to the Copyright Act 1968 (Cth) (Act).  The amendments follow two (2) years of stakeholder consultation, and finalise the Government’s response to the Productivity Commission’s 2016 Intellectual Property Arrangements Report.  The reforms focus on the use of “orphan works”, with an aim to provide a framework for copyright that is fit for the digital age. [Read more…]

Dark fibre agreements for telcos

Dark fibre refers to access to ‘unlit’ (unused) telecommunications fibre.  Generally, large telecommunications carriers and government utilities (Supplier) have dark fibre networks laid out that can be available to carriage service providers (CSP’s) to access to scale up their network.  Below we set out key elements of dark fibre and corresponding issues in telecommunications service agreements between CSP’s and their business end users (End User). [Read more…]

What is a software licence agreement?

A software  licence agreement (Software Licence Agreement) is a contract where one party (Licensor) grants to another party (Licensee) the right to use the defined software.  It is often used by software developers (Developers) so that they can build and own a core application, customise it for particular clients and provide them with a licence to use the core.  In many cases this licence has been the start of a substantial business enterprise.  The term Software Licence Agreement can apply to both installed software as well as cloud based applications.  That said cloud based Apps are commonly referred to as “Software as a service contracts” or SaaS Contracts because they involve the right to access and use a software application as opposed to a right to reproduce the code. [Read more…]

Michael Adami

Michael Adami - Dundas LawyersB.A.,LL.B.,GDLP
Special Counsel

Michael has over 15 years’ national and international experience in information and communications technology (ICT) law and general commercial and corporate law, including IT, telecommunications, media, intellectual property, trust and corporate services work.

Michael has extensive experience in-house in multinational organisations, including Vodafone and Nokia, and has worked for New Law, boutique and mid-tier law firms.

Michael’s ICT expertise includes drafting and negotiating large network carrier grade hardware, software and services sales and procurement agreements and general ICT agreements, such as software licences, SLA’s, S&M contracts, network swap agreements, managed services/outsourcing agreements, SaaS agreements, data centre networks agreements, systems integration agreements, cloud-based solution agreements, EULA’s, website terms and conditions, trial agreements, IP collaboration agreements and channel partner agreements, preparing bid responses, privacy issues, advising on and negotiating litigations.

Michael’s corporate and commercial practice includes shareholder agreements, share sale and share-buybacks agreements, manufacturing agreements, distribution agreements, franchising agreements and corporate constitutions.

Michael enjoys building relationships with clients to effect the best outcomes for them.

Areas of legal interest include

  • Information Technology Law.
  • Telecommunications Law.
  • General Commercial Law.
  • General Corporate Law.
  • Commercial Sustainability Law.

Qualifications include

  • Bachelor of Laws.
  • Bachelor of Arts (Media).
  • Graduate Diploma of Legal Practice.

Admissions and memberships

  • Admitted to practice in the Supreme Court of New South Wales.
  • Registered to practice in Queensland.
  • Admitted to practice in the High Court of Australia.
  • Admitted to practice in England and Wales.
  • Member of the New South Wales Law Society.

Personal Statement

I also have a passion for helping businesses who strive to provide sustainable products and services.

Recent legal commentary

Dark fibre agreements for telcos

What is in a network access agreement?

Advertising guidelines for Carriage Service Providers

Standard form telecommunications services agreements

Managed services agreements for IT companies

Software as a Service agreements revisited

Top 11 legal tips when selling a technology business

What happens if you betray a Scotsman?

Fans of the movie 1995 movie “Braveheart” starring Mel Gibson would be aware of the savage brutality of the ‘Guardian of the Realm’, Sir William Wallace in seeking vengeance from his oppressors and those who ‘broke their promise‘ to support him in battle. [Read more…]

IT Lawyers and TMT

Dundas Lawyers is a multi award winning technology, media and telecommunications law (TM&T) law firm established in 2011 with offices in Brisbane and the Gold Coast with clients throughout Australia and internationally.  We’ve been recognised in the prestigious Doyles Guide in the TM&T category in 2015 and 2017 and have actual experience prior to law running software development projects and senior IT Management roles.  TM&T Recommended

We advise software developers and buyers of software development services throughout Australia on all aspects of  information technology law.  We are also unique in that not only can we draft and implement all of your IT contracts, we will represent your company in Court.   This combination of domain level experience and both advisory and litigious experience is rare in the IT law arena.  We’ve also got over a decade experience.

Not only do we know the law relating to IT, but our Principal, Malcolm Burrows has over a decade of experience in running IT related businesses prior to being called to the law.   Our Principal is one of the few lawyer in the country that can lay claim to a successful dot com startup prior to becoming a lawyer.  What this all means is that you’ll have to spend less time explaining what it is that you are trying to do, and we will be able to spend more time explaining how you can do it!

Recent IT Law projects include:

  • Representing a buyer of software development services against a software developer regarding a failed agile software development project;
  • Negotiating the terms of a technology contract with a bank on behalf of a group of software developers;
  • Represented e-commerce provider in a copyright infringement matter in the Federal Court of Australia involving a successful application for interlocutory relief on an urgent basis;
  • Representing various buyers of software development services;
  • Representing software developer in Supreme Court of Queensland regarding breach of directors duties and copyright infringement;
  • Drafting software as a service agreements for various software developers that have created cloud versions of their installed software;
  • Representing an investor in a technology company in the Supreme Court of Queensland regarding alleged breaches of directors duties;

Recent IT law videos

Notifiable Data Breach Scheme commenced 23 Feb 2018

What is a data breach response plan?

IT contracts

Our legal services in this area include (but are by no means limited to) drafting, negotiating and settling the following sorts of legal contracts:

  • Agile methodology; and
  • Waterfall methodology; and
  • combinations of the two.
  • Software installation, supply, and support agreements;
  • Software license agreements for IPhone and Android;
  • Systems access agreements;
  • Online Sale of Goods and Services Agreements;
  • Marketplace Platform Terms and Conditions.

Recent articles by Dundas Lawyers

Need more information?

Please contact us for a confidential, no obligation, discussion about your needs in this area.

For an obligation free conversation on how Dundas Lawyers can assist you with your IT contracts or a litigous matter please, contact:

Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director

Telephone: (07) 3221 0013
Mobile 0419 726 535
@ITCorporatelaw

 

 

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