internet law

Marketplace terms and conditions – legal issues

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…]

Proposed standards for online safety

In December 2019, the Australian Government released a discussion paper on a proposed “Online Safety Act” (Proposal) for consultation.  The Proposal is intended to combine and coordinate the existing framework into a single piece of legislation, and provide an update in accordance with the changes in the digital landscape.  The Proposal will encourage businesses trading online to take more responsibility for material on their platforms. [Read more…]

Abhorrent violent material prohibited

The Australian Parliament has promptly passed the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019 (Cth) (Act) according to the Explanatory Memorandum in response to the events of the March 2019 mass shooting in Christchurch, New Zealand.  The Act creates various new sections of the  Criminal Code Act 1995 (Cth)(Criminal Code) and in particular section 474.33 and 474.34 creates (2) new offences in relation to “internet service providers, content service providers and hosting service providers” (Service Providers) as follows: [Read more…]

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

If you are an Australian entity and want to inquire about compliance with the GDPR click here.

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…]

Legal issues for data loss

It’s horrible for any organisation to contemplate the possibility of data loss.   Organisations collect and create a variety of data that includes personal, confidential and proprietary information (Intellectual Property).  In many instances, loss of this data can be terminal for the organisation.  Losses can be economic and reputational and can be thought of coming from two (2) distinct sources, external or internal.

[Read more…]

Data Breach Bill 2016 – considerations for data security

Updated 4 April 2017.

In recent times, high profile data breaches such as the 2015 Ashley Madison scandal, which saw the names of up to 900,000 Australian users published online, have shown the type of detriment that can be caused when personal information is compromised by a data breach.  Even icons of the Australian retail sector such as Kmart and David Jones have had customer data lost to hackers in 2015.  One year prior, Optus reported three (3) separate data breaches, with the security of the personal information of over 300,000 of its customers being compromised.  These are just a few instances which highlight the magnitude of the issue in Australia. [Read more…]

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