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

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



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.



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

    • Doing Business Online:
      The Latest Trends and the Legal Risks
    • Tonight’s Agenda
      • Pod Legal – About Us
      • Google+: What You Need to Know, presented by
      Adam Stead, Hive.net.au.
      • What You Didn’t Know About Social Media, presented by Kerry Lunn, Gold Coast Design Studio.
      • The Legal Risks of Doing Business Online, presented by Jamie White, Pod Legal.
      • 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
    • What We Do
      • Intellectual Property Law
      • Internet Law
      • Technology Law
      • Privacy Law
      • Franchising Law
      • Advertising and Marketing Law
    • Our Points of Difference
      • Personal Service: delivered with enthusiasm and passion.
      • Stay at the forefront of our industry.
      • 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’
    • Google + and your business
      Another Social network?
      How will this help my business?
    • 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.
    • Overview
      What is Google Plus
      My Brand on Google +
      Google +1 Search
      Privacy Issue
      Questions – if we have time
    • What is Google+
      Video Credit: http://www.youtube.com/user/epipheo
    • Circles
      On Facebook everyone is your friend
      On Google plus you can segment yourfriends, family, work mates, and more.
    • Hangouts
      Video chat right in your browser withup to 10 friends for free.
    • Sparks
      Collects your interests together, like twitters saved search feature (a little)
    • Huddle
      Way, super easy group messagingfrom your mobile phone or Google Plus.
    • Media
      Google Plus can connect directly toyour Picasa account, upload directly from mobile
    • 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
    • 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.
    • Like vs +1
      +1 is displayed in searches on Google
      Facebooks are not
    • Google +1 and Search
      Video Credit: http://youtube.com/google
    • 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 ;) (schema.org)
    • 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
    • The Other Privacy Issue
      Are you prepared to give up all your data and information to Google.
      Search Data
      Personal Data
      Site Usage
    • 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.
    • FaceSpace
      Image Credit: http://theoatmeal.com/facespace
    • Contact Details
      Adam Stead
      adam@hive.net.au07 5657 3653
      Great sources of information
    • The Seven Most Commonly Made Mistakes When Doing Business Online
    • Tonight’s Content
      The seven most commonly made mistakeswhen doing business online.
      Some practical solutions.
      Some usefulresources.
    • 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.
    • Mistake 1:
      Copyright Infringement
    • 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.
    • 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.
    • Mistake 2:
      Trade Mark Infringement
    • 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.
    • 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.
      eBook: http://www.podlegal.com.au/downloads/ebook-trademarks.pdf
    • Mistake 3:
      Deceptive Trade Practices
    • 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!
    • Mistake 4:
      Breach of Privacy
    • 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.
    • Mistake 4: Breach of Privacy
      Solution: Prepare and implement a Privacy Policy that is specific to your business practices.
      Article: http://www.podlegal.com.au/article-importance-of-privacy-strategy.php
    • Mistake 5:
      Use of a Competitor’s Trade Mark in your Google AdWords Campaign.
    • 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.
    • Mistake 5: Google AdWords
      Solution: Do not use a competitor’s trade mark in your pay per click advertising campaigns.
      Article: http://www.podlegal.com.au/article-tm-google-adwords.php
    • Mistake 6:
      Violation of Spam Laws
    • 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.
    • 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.
      Article: http://www.podlegal.com.au/article-spam.php
    • Mistake 7:
      Overlooking Legal Aspects of Social Media
    • 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).
    • Mistake 7: Social Media
      Solution: Don’t overlook legal issues associated with social media.
    • 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
    • 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.
    • 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.
    • Take Action Now
      Article: http://www.podlegal.com.au/article-online-business-risk.php
      eBook: http://www.podlegal.com.au/downloads/ebook-your-website.pdf
    • Contact Details
      Email: jamie@podlegal.com.au
      Phone: 1800 POD LEGAL (1800 763 534)
      Mobile: 0404 019 400
      Web: podlegal.com.au
      Slides: slideshare.net/podlegal
      Facebook: facebook.com/podlegal
      Twitter: twitter.com/podlegal