Malicious or criminal attacks the main cause of notifiable data breaches
The number of reported data breaches in Australia significantly increased in the period of 1 April to 30 June 2018, according to the second report on the Notifiable Data Breaches scheme by the Office of the Australian Information Commissioner (OAIC). The scheme, which commenced on 22 February 2018, requires private sector and federal government entities […]
ReadmoreUse of electronic signatures
Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’. Therefore, an electronic signature may take the form of an image of an individual’s […]
ReadmoreBlockchain, not just Bitcoin – legal issues
Blockchain is an ever growing list of transactions that are verified and permanently recorded – here are our top 5 legal issues. Click here for full size image. Authored by: David Smith, Partner, Melbourne Emma Duke, Associate, Melbourne
ReadmoreData breaches by aged care providers – complying with the Mandatory Data Breach Scheme
Aged care providers will be subject to the Notifiable Data Breach scheme which requires organisations, including residential and home care providers, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, […]
ReadmoreData breaches by schools – complying with the Mandatory Data Breach scheme
The Notifiable Data Breach scheme which requires organisations, including schools, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by the school; and a […]
ReadmoreLegal considerations when establishing e-commerce services
Under Australian Consumer Law (ACL) consumers have the benefit of certain statutory guarantees, you can’t exclude statutory consumer T&Cs but you can include wording to limit your business’ liability. Click here to view full size images.
ReadmoreCyber security: are you ready for the new mandatory data breach notification law?
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 was passed by the Australian parliament on 13 February 2017. Assuming that it receives royal assent within the coming days, it will become an Act (the Amendment Act). The key amendments set out in the Amendment Act are likely to take effect 12 months after that, to […]
ReadmoreMain Event streaming may see encore in courts
Pay TV operator Foxtel has vowed to take legal action against customers who streamed its pay-per-view content on Facebook without its permission. Foxtel has alleged that two of its customers posted live streams of the pay TV operator’s 3 February broadcast of the Danny Green and Anthony Mundine boxing match through Facebook accounts. Viewers could […]
ReadmoreCourt orders American online video game distributor to pay $3 million for breach of the Australian Consumer Law
The Federal Court decision in Australian Competition and Consumer Commission v Valve Corp (No 3) [2016] FCA 196 puts foreign corporations on notice that when selling goods to Australian consumers, you may be required to comply with the consumer guarantees set out in the Australian Consumer Law (ACL). Valve Corporation (Valve) operates an online distribution […]
ReadmoreProductivity Commission report seeks to progress Intellectual Property reforms
A new report could see sweeping reforms to Australia’s intellectual property system. The Federal Government’s Productivity Commission released its inquiry report into Australia’s intellectual property (IP) system on 20 December 2016. The report, which has been released for public consultation until 14 February 2017, foreshadows a number of suggested reforms, including reviewing the duration of […]
ReadmoreCourt orders ISPs to block access to online pirate’s websites
A Federal Court decision may provide a breakthrough in the push to curb online copyright infringement in Australia through overseas websites. In recent years, Australia has the earned an unenviable reputation as having one of the highest incidences of online copyright infringement in the world, by accessing pirate sites and the creation of Virtual Private […]
ReadmoreInstant win promotions
Instant win promotions are usually games of chance in Australia. If they are a game of chance, permits are needed in some Australian states and territories. To see full size image click here
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