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Data 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 […]

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Legal 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.

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Cyber 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 […]

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Main 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 […]

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Court 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 […]

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Productivity 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 […]

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Court 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 […]

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Instant 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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More regulatory changes on the way for embedded networks

In recent action by the Australian Energy Regulator, several shopping centres and retirement villages were issued with infringement notices for not selling electricity in a manner required by the National Energy Retail Law. This is a timely reminder for operators of embedded networks to familiarise themselves with their regulatory obligations and also to be aware […]

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