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Uber breaches Australian privacy laws

The recent decision by the Australian Information Commissioner and Privacy Commissioner, Angele Falk, (Commissioner) in Commissioner Initiated Investigation into Uber Technologies, Inc. & Uber B.V. (Privacy) [2021] AICmr 34 (Uber) has provided further guidance as to exactly who is bound by the Privacy Act 1988 (Cth) (Act) though the ‘Australian link’ set out in subsections 5B(2)-(3) (Australian Link).  A full breakdown of what amounts to an Australian Link can be viewed in another article here.  This article discusses the Australian Privacy Principles (APPs) that were breached by Uber and what was decided the ride-sharing entity was to do in response to non-compliance with the Act. [Read more…]

International companies can be bound by Australian privacy laws

The recent determination by the Australian Information Commissioner and Privacy Commissioner, Angele Falk, (Commissioner) in Commissioner Initiated Investigation into Uber Technologies, Inc. & Uber B.V. (Privacy) [2021] AICmr 34 (Uber) provides further guidance on the extraterritorial connection of the Privacy Act 1988 (Cth) (Act) though the ‘Australian link’ set out in subsections 5B(2)-(3) (Australian Link).  This article discusses how the Office of the Australian Information Commissioner (OIAC) will assess whether an entity has an Australian Link to legally bind international entities to the Act. [Read more…]

Legal risks inherent in the In-App Purchase business model

In the post smart phone environment, software developers and publishers are increasingly providing end users (Users) with the opportunity to make micro-transactions (In-App Purchases) within their software (App). Under this business model, the publisher or developer offers their App, or at least a limited version of it, to consumers at no upfront cost. Users then may have the opportunity to make In-App Purchases using real world currency, such as:

  • a one off fee to access an advertisement free version of the App;
  • access to additional content within the App;
  • a digital currency for use within the App; or
  • consumable items such as extra lives or turns in games.

The In-App Purchase model has proven successful for many publishers, but as with all business models, it comes with its fair share of legal risk. [Read more…]

App developers must take care with Apple Developer’s License

Software Developers (Developers) who build iOS Applications (Apps) for use on Apple devices must adhere to strict requirements set by Apple.

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