technology law

Interactive Gambling Act 2001 (Cth)

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

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…]

What is in a network access agreement?

Network access agreements are agreements between licenced carriers in which a carrier (First Carrier) gives another carrier (Second Carrier) access to its network, which the Second Carrier can then access to provide telecommunications services to end customers or other wholesale carriers.   Below we set out the key considerations, carriers need to cover in their network access agreements. [Read more…]

Managed service agreements for IT companies

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…]

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…]

Top 11 legal tips when selling a technology business

Selling a technology business can be an exciting time for shareholders and directors who have worked hard towards an exit.  Because of this, it’s important for the exit to be as smooth as possible.   Below we set out our top 11 tips for selling a technology business which, if followed, will ensure greater protection for sellers and reduce their risk. [Read more…]

Can meta tags constitute trade mark infringement?

Search engines use a variety of algorithms and methods to determine the relevancy and ranking of websites on the search results page, based on keywords.  Importantly, search engines can refer to a websites ‘meta tags’ to find relevant words to match with search results.  As a result, meta tags have become increasingly important for businesses and their online presence.  However, the case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 (Accor Case) highlights the difficulties of meta tags with respect to trade mark infringement. [Read more…]

$750k damages for fake online reviews

The recent case of Cheng v Lok [2020] SASC 14  (Cheng v Lok) should serve as a warning about the potential severe consequences of posting fake reviews out of spite or to harm a competitor.   This was clear in the recent case of Cheng v Lok [2020] SASC 14 where the Supreme Court of South Australia awarded $A750,000 in damages to a lawyer whose business was defamed through fake and negative online. [Read more…]

e-Signatures – legally binding on companies?

The rise of e-signing software such as docuSign (e-signature) has become commonplace for the execution of contracts electronically.  Each state of Australia and the Commonwealth has its own equivalent to the Electronic Transactions Act 2001 (Qld) (ETA).  The use of E-signatures has streamlined the contract execution process, however a recent case in the Supreme Court of South Australia has highlighted their vulnerability.  The decision of Stanley J in Bendigo and Adelaide Bank Limited v Kenneth Ross Pickard [2019] SASC 123 (Adelaide Bank) is illustrative of this. [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…]

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