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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…]

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…]

Businesses obligations when trading online – Competition and Consumer Act 2010 (Cth)

Last updated 25/08/2015
The advent of the internet and electronic commerce has opened up numerous channels for businesses to sell to customers. It could be said that social media has created new ways similarly engaged with consumers. In some respect the courts have struggled to keep up with the application of the law to the development of the technology [Read more…]

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