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Doing Business Online: The Latest Trends and the Legal Risks 09.08.2011
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Doing Business Online: The Latest Trends and the Legal Risks 09.08.2011


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Doing Business Online: The Latest Trends and the Legal Risks, Bond University, 9 August 2011. …

Doing Business Online: The Latest Trends and the Legal Risks, Bond University, 9 August 2011.

Many businesses have turned to the Internet and smart phones as platforms to do business. A panel of expert speakers will present information on the latest trends and marketing techniques being used to increase business profits. However, despite the massive opportunity that e-business provides, business owners must be careful to ensure that they are not inadvertently exposing themselves to legal risk due to their online business practices.

Published in: Technology, Business

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  • Thank you to all who attended our event last night at Bond University. We hope that you enjoyed the event and took home some useful tools to implement in to your business strategies. We encourage you to leave your comments about the event here and of course, we would love to hear from you if we can assist in any way.
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  • 1. Doing Business Online:
    The Latest Trends and the Legal Risks
  • 2. Tonight’s Agenda
    • Pod Legal – About Us
    • 3. Google+: What You Need to Know, presented by
    Adam Stead,
    • What You Didn’t Know About Social Media, presented by Kerry Lunn, Gold Coast Design Studio.
    • 4. The Legal Risks of Doing Business Online, presented by Jamie White, Pod Legal.
    • 5. Question Time.
  • Who Are We?
    Jamie White
    Dr Dan Svantesson
    Dr Elizabeth Crawford Spencer
    Jay Forder
    Administration:Danielle Barber
    Eve Lonie
    Sashini Walpola
    Karan White
    Diana Knight
    Karla Brummell
  • 6. What We Do
    • Intellectual Property Law
    • 7. Internet Law
    • 8. Technology Law
    • 9. Privacy Law
    • 10. Franchising Law
    • 11. Advertising and Marketing Law
  • Our Points of Difference
    • Personal Service: delivered with enthusiasm and passion.
    • 12. Stay at the forefront of our industry.
    • 13. Transparency: we charge on a fixed-fee basis, deliver value for money solutions and stick to our word, no matter what.
    We call this the ‘Pod Experience’
  • 14. Google + and your business
    Another Social network?
    How will this help my business?
  • 15. Disclaimer
    I do not work for Google or have an affiliation with Google, I just havean interest for all things Google!
    The views expressed are of my own.
  • 16. Overview
    What is Google Plus
    My Brand on Google +
    Google +1 Search
    Privacy Issue
    Questions – if we have time
  • 17. What is Google+
    Video Credit:
  • 18. Circles
    On Facebook everyone is your friend
    On Google plus you can segment yourfriends, family, work mates, and more.
  • 19. Hangouts
    Video chat right in your browser withup to 10 friends for free.
  • 20. Sparks
    Collects your interests together, like twitters saved search feature (a little)
  • 21. Huddle
    Way, super easy group messagingfrom your mobile phone or Google Plus.
  • 22. Media
    Google Plus can connect directly toyour Picasa account, upload directly from mobile
  • 23. My Brand on Google Plus
    Why should I bother
    Rapid uptake
    Rewind to 2007 and think about the Myspace andFacebook debate
    The gradual introduction and integration of Googles other applications
    Search – its what Google does best
    Customisable purpose made and planed brand pages for businesses
    Trackable – Adwords and Analytics
  • 24. Google Plus Growth
    25 Million Active Users
    Google + 1 month and few days.
    22 months for Myspace
    33 months for Twitter
    37 months for Facebook.
  • 25. Like vs +1
    +1 is displayed in searches on Google
    Facebooks are not
  • 26. Google +1 and Search
    Video Credit:
  • 27. Google Plus and Search
    With correctly a setup website you couldget your profile appearing next to your search results
    Google users micro formats speak to your developer or me ;) (
  • 28. Google Plus Privacy Issue
    If you share something with a privatecircle they could re-share it to the publiclike a tweet.
    Google hassince implem-ented a fix
  • 29. The Other Privacy Issue
    Are you prepared to give up all your data and information to Google.
    Search Data
    Personal Data
    Site Usage
  • 30. How do I get on
    Well you cant unless you are invited.
    Currently in a “closed”beta
    Business brand pages are coming later this year.Imagine the power of Google places, Google local and a few other business apps from Google in one environment.
  • 31. FaceSpace
    Image Credit:
  • 32. Contact Details
    Adam Stead 5657 3653
    Great sources of information
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  • 48. The Seven Most Commonly Made Mistakes When Doing Business Online
  • 49. Tonight’s Content
    The seven most commonly made mistakeswhen doing business online.
    Some practical solutions.
    Some usefulresources.
  • 50. The Facts
    39 per cent of businesses now have an online presence.
    Tendency to overlook legal issues in the online environment.
    Failure to comply with changing legal rules could be fatal to your business.
  • 51. Mistake 1:
    Copyright Infringement
  • 52. Mistake 1: Copyright infringement
    What is copyright?
    Copyright protects original expressions of ideas and not the ideas themselves.
    What is copyright infringement?
    Copyright infringement takes place where another party does an act which infringes the exclusive rights of a copyright owner.
  • 53. Mistake 1: Copyright infringement
    Examplesof copyright infringement:
    Unauthorised reproduction of text and images.
    Unauthorised reproduction of website legal documents!
    Solution: Use your own material or obtain a licence to use another person’s material.
  • 54. Mistake 2:
    Trade Mark Infringement
  • 55. Mistake 2: Trade Marks
    What is a trade mark?
    Sign, shape, symbol, label, letter, word, slogan, scent, sound, colour, aspect of packaging or a combination of any of these.
    What is trade mark infringement?
    Where a person uses a trade mark that is substantially identical with, or deceptively similar to, a trade mark owned by another person.
  • 56. Mistake 2: Trade Marks
    Examples of trade mark infringement:
    Unauthorised display of third party logos.
    Unauthorised use of a trade mark in a domain name or Google Adwords campaign.
    Solution: Obtain consent to use a third party trade mark.
  • 57. Mistake 3:
    Deceptive Trade Practices
  • 58. Mistake 3: Deceptive Trade Practices
    Consumer protection laws such as the Competition and Consumer Act.
    Examples of deceptive trade practices:
    False testimonials.
    Leading consumers to believe that an association or affiliation with another trader exists when it doesn’t.
    Solution: Don’t mislead or deceive!
  • 59. Mistake 4:
    Breach of Privacy
  • 60. Mistake 4: Breach of Privacy
    When collecting information about a person, that person has a right to know:
    that the information is being collected;
    how the information will be stored;
    how the information will be used; and
    under what circumstances the information may be disclosed.
  • 61. Mistake 4: Breach of Privacy
    Solution: Prepare and implement a Privacy Policy that is specific to your business practices.
  • 62. Mistake 5:
    Use of a Competitor’s Trade Mark in your Google AdWords Campaign.
  • 63. Mistake 5: Google AdWords
    What are Google AdWords?
    It’s a form of pay per click (PPC) advertising.
    Using a competitor’s trade mark in your Google AdWords campaign may amount to:
    misleading or deceptive conduct;
    trade mark infringement; and/or
    passing off.
  • 64. Mistake 5: Google AdWords
    Solution: Do not use a competitor’s trade mark in your pay per click advertising campaigns.
  • 65. Mistake 6:
    Violation of Spam Laws
  • 66. Mistake 6: Violation of Spam Laws
    What is spam?
    An electronic message that contains an invitation to do business and that has been sent without the consent of a recipient.
    Big penalties apply:
    $5.5m in 2006 (213m emails)
    Use of address harvesting software and no recipient consent.
    $15m in 2009 (re SMS)
    No recipient consent.
  • 67. Mistake 6: Violation of Spam Laws
    How to comply with the Spam Act:
    Obtain recipient consent prior to sending;
    Identify your business as the sender; and
    Provide a functional unsubscribe facility.
    Solution: Comply with the Spam Act and display a Spam Statement on your website.
  • 68. Mistake 7:
    Overlooking Legal Aspects of Social Media
  • 69. Mistake 7: Social Media
    Social media is just another medium for publishing information and communications.
    Legal rules also apply to conduct relating to social media.
    Examples of the hidden costs of social media:
    Online defamation via Facebook (comments about a Policeman resulted in fines).
    Journalist’s employment terminated for offensive tweets during Logies (re Bindy Irwin).
  • 70. Mistake 7: Social Media
    Solution: Don’t overlook legal issues associated with social media.
  • 71. Overall Solutions
    Assess and modify your conduct (if required).
    Display legal documentation:
    Terms of Use (website and Facebook page)
    Privacy Policy
    Spam Statement
    Purchase / Shipping Terms
    Refund / Cancellation Policy
    Upload Terms
  • 72. Overall Solutions
    The benefits of legal documentation:
    Those engaging with you to do business online are made aware of laws and policy regarding your website and/or Facebook page.
    Disputes resolved efficiently and favourably.
    Liability associated with your website and/or Facebook page will be limited.
  • 73. Interesting fact
    Nine out of ten business websites are not legally compliant… is yours?
    Website Legal Audit: See your ‘Pod Pack’.
    • Always identify and assess risk.
  • Take Action Now
    To reduce legal risk associated with your online business practices, you should:
    consult an Internet / IT Lawyer (not a Property or Family Lawyer) to review your online business practices;
    ensure that you display legal documentation, specific to your online business practices; and
    not assume that all will be ok because you are doing business in the online environment.
  • 74. Take Action Now
  • 75. Contact Details
    Phone: 1800 POD LEGAL (1800 763 534)
    Mobile: 0404 019 400