'Motor Vehicle Dealers - Your Ideal Franchise Agreement' was presented by Evan Stents at this year's AADA Convention held on Queensland's Gold Coast, Thursday 10 - Saturday 12 July, 2014.
On 25 September, Michael Jerabek from the Australian Competition and Consumer Commission addressed the MDCC about such topics as small businesses & the Competition and Consumer Act, advertising & selling, social media and much more.
Russell Kennedy Special Counsel, David Littlejohn, takes us through the development of Australian consumer legislation, including:
- Trade Practices Act 1974
- Competition and Consumer Act 2010
- Schedule 2: Australian Consumer Law
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
This is one of the 24 Powerpoints in the HSC Legal Studies Consumers Package from HSC Apps. Every presentation also comes with a video version that can be shared with every student in the school (the video for this presentation can be found at http://youtu.be/CzJO1bw6tPA). For more information about the packages (which also include Crime, Human Rights, Family and Shelter topics, as well as Prelim Legal and HSC Business Studies), just send us an email at info@hsclegalstudies.com and we'll get straight back to you.
'Motor Vehicle Dealers - Your Ideal Franchise Agreement' was presented by Evan Stents at this year's AADA Convention held on Queensland's Gold Coast, Thursday 10 - Saturday 12 July, 2014.
On 25 September, Michael Jerabek from the Australian Competition and Consumer Commission addressed the MDCC about such topics as small businesses & the Competition and Consumer Act, advertising & selling, social media and much more.
Russell Kennedy Special Counsel, David Littlejohn, takes us through the development of Australian consumer legislation, including:
- Trade Practices Act 1974
- Competition and Consumer Act 2010
- Schedule 2: Australian Consumer Law
PLSAs, SEPs and PAEs: The Antitrust/IP Acronyms You Should Know and UnderstandThis account is closed
In this presentation from June 2015, Davit Akman and a panel of other antitrust experts provide an overview of recent regulatory and jurisprudential developments in the U.S., Europe and Canada, and their impact on antitrust counselling and risk assessment.
Key topics discussed include:
• Patent litigation settlement agreements (PLSAs)
• Standard setting and conduct involving standard essential patents (SEPs)
• Conduct involving patent assertion entities (PAEs)
This is one of the 24 Powerpoints in the HSC Legal Studies Consumers Package from HSC Apps. Every presentation also comes with a video version that can be shared with every student in the school (the video for this presentation can be found at http://youtu.be/CzJO1bw6tPA). For more information about the packages (which also include Crime, Human Rights, Family and Shelter topics, as well as Prelim Legal and HSC Business Studies), just send us an email at info@hsclegalstudies.com and we'll get straight back to you.
Commercial insurance risk and liability review, February 2016Browne Jacobson LLP
Our annual review provides a comprehensive review of some of the most important judgments and legal developments during 2015 and our analysis of some of the changes on the horizon for 2016 and beyond. We have covered a lot of ground this year so I hope you will be able to find a number of updates that are relevant and useful to you.
If you would like to know more about any of the topics, please feel free to contact any of the authors of the articles.
https://www.brownejacobson.com/insurance/training-and-resources/legal-updates/2016/01/commercial-insurance-risk-and-liability-review-2015-2016
Getting The Deal Through: Financial Services Litigation 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Co-heads of the Regulatory and Investigations Group co-author the Ireland chapter for Getting The Deal Through: Financial Services Litigation 2018.
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http://finishedexams.com/LAW_421_Final_Exam.php
Immediate access to solutions for ENTIRE COURSES, FINAL EXAMS and HOMEWORKS “RATED A+" - Without Registration!
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
The Common Market for Eastern and Southern Africa (“COMESA”) launched a Free Trade Association (“FTA”) on 31 October 2000. The FTA is regulated by the Treaty Establishing the Common Market for Eastern and Southern Africa (“the Treaty”).
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The authors explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.
2105AFEINTRODUCTION TO BUSINESS LAWLecture 8Module 2 – Con.docxvickeryr87
2105AFE
INTRODUCTION TO BUSINESS LAW
Lecture 8
Module 2 – Consumer Protection
Covers: Australian Consumer Law
1
1
Objectives
On completion of this lecture, you should be able to understand, recognise and discuss a general overview of the Australian Consumer Law (ACL):
Key sections in regard to definitions and those sections that apply to:
parties involved
new statutory consumer guarantees
manufacturers liability
specific false representation provisions
country of origin claims
misleading and deceptive conduct
unconscionable conduct
unfair contract terms
regulators (and ministers) new prohibition, investigation and enforcement powers
Note that the ACL also provides for:
unsolicited supplies and selling practices
lay-by agreements
linked credit contracts
other prohibited business conduct
2
2
Part 1: overview of acl
3
Introduction and Purpose of the ACL
The Competition and Consumer Act 2010 (Cth) (CCA) was introduced on 1 January 2011. It provided new national uniform laws offering consumer protection.
Act of the Australian Federal (Commonwealth) Parliament applying to all jurisdictions (Federal, State & Territory level).
Replaced provisions across 20 State and Territory (Fair Trading related) Acts, plus amended and renamed the Trade Practices Act 1974 (Cth) (TPA) as the CCA.
Australian courts and tribunals (including those of the states and territories) can enforce the ACL, including the Australian Competition Tribunal (ACT) or QCAT.
The consumer protection provisions of the former Trade Practices Act 1974 (Cth) (TPA) were generally directed towards conduct engaged in by corporations, but the ACL has a much broader application to conduct engaged in by persons.
Much of the case law discussed in this chapter was decided under the corresponding provisions of the former TPA.
Specifically, the Australian Consumer Law (ACL) covers consumer protection and its provisions are located in (Volume 3) Schedule 2 of the CCA
Protecting consumers from the unfair practices of businesses.
In effect it is a response to the recognised need for new systems and procedures to protect consumers under one national law, rather than many different but similar laws across the Nation.
4
Who regulates the CCA?
5
We are discussing legislation so what do you think are the main issues you need to consider in answering any consumer law question?
5
Australian Competition and Consumer Commission (ACCC)
The ACCC promotes competition and fair trade in the market place to benefit consumers, businesses and the community. It also regulates national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair trading and consumer protection laws.
www.accc.gov.au
For consumers
(can often include a business)
The ACCC is provides information about consumer rights & how to make a complaint and prosecutes companies engaging in the misconduct. http://www.acc.
Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors
Commercial insurance risk and liability review, February 2016Browne Jacobson LLP
Our annual review provides a comprehensive review of some of the most important judgments and legal developments during 2015 and our analysis of some of the changes on the horizon for 2016 and beyond. We have covered a lot of ground this year so I hope you will be able to find a number of updates that are relevant and useful to you.
If you would like to know more about any of the topics, please feel free to contact any of the authors of the articles.
https://www.brownejacobson.com/insurance/training-and-resources/legal-updates/2016/01/commercial-insurance-risk-and-liability-review-2015-2016
Getting The Deal Through: Financial Services Litigation 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Co-heads of the Regulatory and Investigations Group co-author the Ireland chapter for Getting The Deal Through: Financial Services Litigation 2018.
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http://finishedexams.com/LAW_421_Final_Exam.php
Immediate access to solutions for ENTIRE COURSES, FINAL EXAMS and HOMEWORKS “RATED A+" - Without Registration!
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
TCPA class action lawsuit filings surpassed 5,000 in 2016 alone. Top compliance strategies for dealing with the new administration at the FCC, FTC, and CFPB.
The Common Market for Eastern and Southern Africa (“COMESA”) launched a Free Trade Association (“FTA”) on 31 October 2000. The FTA is regulated by the Treaty Establishing the Common Market for Eastern and Southern Africa (“the Treaty”).
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law 421,uop law 421,uop law 421 complete course,uop law 421 entire course,uop law 421 final exam,uop law 421 week 1,uop law 421 week 2,uop law 421 week 3,uop law 421 week 4,uop law 421 week 5,law 421 final exam guide,uop law 421 tutorials,law 421 assignments,law 421 help
The authors explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.
2105AFEINTRODUCTION TO BUSINESS LAWLecture 8Module 2 – Con.docxvickeryr87
2105AFE
INTRODUCTION TO BUSINESS LAW
Lecture 8
Module 2 – Consumer Protection
Covers: Australian Consumer Law
1
1
Objectives
On completion of this lecture, you should be able to understand, recognise and discuss a general overview of the Australian Consumer Law (ACL):
Key sections in regard to definitions and those sections that apply to:
parties involved
new statutory consumer guarantees
manufacturers liability
specific false representation provisions
country of origin claims
misleading and deceptive conduct
unconscionable conduct
unfair contract terms
regulators (and ministers) new prohibition, investigation and enforcement powers
Note that the ACL also provides for:
unsolicited supplies and selling practices
lay-by agreements
linked credit contracts
other prohibited business conduct
2
2
Part 1: overview of acl
3
Introduction and Purpose of the ACL
The Competition and Consumer Act 2010 (Cth) (CCA) was introduced on 1 January 2011. It provided new national uniform laws offering consumer protection.
Act of the Australian Federal (Commonwealth) Parliament applying to all jurisdictions (Federal, State & Territory level).
Replaced provisions across 20 State and Territory (Fair Trading related) Acts, plus amended and renamed the Trade Practices Act 1974 (Cth) (TPA) as the CCA.
Australian courts and tribunals (including those of the states and territories) can enforce the ACL, including the Australian Competition Tribunal (ACT) or QCAT.
The consumer protection provisions of the former Trade Practices Act 1974 (Cth) (TPA) were generally directed towards conduct engaged in by corporations, but the ACL has a much broader application to conduct engaged in by persons.
Much of the case law discussed in this chapter was decided under the corresponding provisions of the former TPA.
Specifically, the Australian Consumer Law (ACL) covers consumer protection and its provisions are located in (Volume 3) Schedule 2 of the CCA
Protecting consumers from the unfair practices of businesses.
In effect it is a response to the recognised need for new systems and procedures to protect consumers under one national law, rather than many different but similar laws across the Nation.
4
Who regulates the CCA?
5
We are discussing legislation so what do you think are the main issues you need to consider in answering any consumer law question?
5
Australian Competition and Consumer Commission (ACCC)
The ACCC promotes competition and fair trade in the market place to benefit consumers, businesses and the community. It also regulates national infrastructure services. Its primary responsibility is to ensure that individuals and businesses comply with the Commonwealth competition, fair trading and consumer protection laws.
www.accc.gov.au
For consumers
(can often include a business)
The ACCC is provides information about consumer rights & how to make a complaint and prosecutes companies engaging in the misconduct. http://www.acc.
Consumer protection is a group of laws and organizations designed to ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
PRC Contract Law Principles and Risk Management in Contract DraftingRHKLegal
An overview of contract drafting techniques with regard to the PRC Contract Law principles and recent Supreme Court Directions. An analysis of limitation of liability and liquidated damages clauses in the China market context.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
2. Topics
Introduction to Australian law and games industry
Consumer protection
Loot boxes
Privacy
Tax on digital products
Classification/censorship
Encryption
3. Introduction to Australian law
3
Federal system with multiple
jurisdictions
Commonwealth
Six states
Two territories
Law is descended from English
common law
Now a combination of codified
and uncodified laws
4. Intellectual property
Regulated by Federal legislation
Copyright Act, Trade Marks Act, Patents Act, Designs Act
Signatory to all major conventions and treaties:
– Berne Convention
– Paris Convention
– Patent Cooperation Treaty
– TRIPS Agreement
Uniform Dispute Resolution Policy (UDRP)/Australian Domain Name
Dispute Resolution Policy (auDRP)
4
5. Games industry
Retail market growing strongly
Estimated revenue AU$3.23 billion (€2 billion) in 2017
Digital sales vs retail sales: approximately 2:1
5
7. Local developers
Pre-GFC: independents, work-for-hire, subsidiaries:
– Team Bondi (Rockstar): LA Noire
– Pandemic (EA): Star Wars: Battlefront, Destroy All Humans
– Krome: Ty the Tasmanian Tiger, Legend of Spyro
– 2K Australia (Irrational): BioShock series
– Blue Tongue (THQ)
Now, few major studios, mostly indie/mobile:
– Halfbrick: Fruit Ninja, Jetpack Joyride
– Hipster Whale: Crossy Road / Disney Crossy Road
– Defiant Development: Hand of Fate
7
8. Australian wildlife
Eastern Brown Snake
Eastern Brown Snake (Psedonaja textilis) by Aaron Gustafson
www.flickr.com/photos/aarongustafson/1507112723/
Licensed (CC BY-SA 2.0) https://creativecommons.org/licenses/by-sa/2.0/
8
9. Australian wildlife
Funnel Web Spider
Spider 3 by Brenda Clarke www.flickr.com/photos/brenda-starr/3488032252/
Licensed (CC BY 2.0) https://creativecommons.org/licenses/by/2.0/
9
10. Australian wildlife
Saltwater Crocodile
Saltwater Crocodile(Crocodylus porosus) by Bernard Dupont
https://www.flickr.com/photos/berniedup/10106331165/
Licensed (CC BY-SA 2.0) https://creativecommons.org/licenses/by-sa/2.0/
10
11. Australian wildlife
Blue-ringed Octopus
Greater blue-ringed octopus (Hapalochlaena lunulata) by Rickard Zerpe
https://www.flickr.com/photos/krokodiver/16219454856/
Licensed (CC BY-SA 2.0) https://creativecommons.org/licenses/by-sa/2.0/
11
12. Australian consumer protection
Australian Competition and Consumer Commission
Welcome to the ACCC
We are Australia’s competition regulator and national consumer law champion
We promote competition and fair trading
12
13. Australian Consumer Law (ACL)
Schedule 2 to the Competition and Consumer Act 2010 (Cth)
Provides Australian consumers with a wide range of protections and
remedies
Generally cannot be contracted out of
Approach:
– Recognises that consumers are at a disadvantage dealing with
corporations
– Directly intervenes in the contractual relationship to add protection for
consumers
13
14. ACL Consumer guarantees
Guarantees automatically apply to all consumer contracts for the
supply of goods or services
Goods are guaranteed to (among other things):
– be of acceptable quality
– match any description or sample provided
‘Goods’ include software - whether supplied on a physical disk or
downloaded
Similar guarantees for services
Double risk:
– Exposure to consumer claims
– Prosecution by ACCC for misleading consumers about their rights
14
15. Consumer claims
If goods fail to meet a guarantee, supplier will need to provide a remedy
If ‘minor’ problem, supplier can choose repair, replace or refund
If ‘major failure’, consumer can reject goods and choose refund or
replacement – or ask for compensation for drop in value
Major failure:
– If a reasonable consumer would not have bought the goods if they had
known about the problem; or
– If the goods are significantly different from the description, sample or
demonstration model shown to the consumer
Cannot exclude right to damages: consumers may also sue for any
reasonably foreseeable loss or damage suffered because of the failure
to comply with the guarantee
15
16. ‘Misleading consumers’
Suppliers who make a statement inconsistent with consumers’ rights
under the guarantees may contravene the ACL and be exposed to
penalties
Making ‘a false or misleading representation concerning the
existence, exclusion or effect of any condition, warranty, guarantee,
right or remedy’
Misrepresentations may happen anywhere: on website, in terms and
conditions, and in communicating directly with customers (eg help
desk)
In particular: statements that ‘no refunds’ will be given should be
expressly and clearly qualified, at least to indicate that this may not
apply in certain jurisdictions due to local laws
16
17. ACCC actions – Valve and EA
Australian Competition and Consumer Commission
Government agency – administers and enforces the ACL
Deliberately seeks to prosecute and win cases against high profile
corporations to set precedents and discourage misconduct
ACCC succeeded in case against Valve for ‘no refund’
representations – AU$3M (€2M) penalty, orders to implement ACL
compliance program
ACCC ‘raised concerns’ with EA concerning Origin – EA chose to
cooperate and gave legally enforceable undertakings not to make
misrepresentations, and to implement ACL compliance program
17
18. Warranty schemes
Vendors may offer warranties, but must be in addition to consumer
guarantees
Consumer guarantees still apply – must include statement:
‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other
reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or
replaced if the goods fail to be of acceptable quality and the failure does not amount to a major
failure.’
Eg EA’s Great Game Guarantee:
– within 24 hours after first launch of the game; or
– within seven days from purchase, if not launched
18
19. Unfair contract terms
Introduced 2016
Contract terms that are ‘unfair’ are void
A term is unfair if it:
– Would cause a significant imbalance; and
– Is not reasonably necessary to protect legitimate interests; and
– Would cause detriment to a party if applied or relied on
ACL includes examples – clauses that permit one party to:
– Avoid/limit performance
– Terminate contract
– Vary contract terms or characteristics of product/service
– Interpret contract or determine when it is breached
19
20. Unfair contract terms
Common terms at risk include rights of supplier to:
– Terminate user accounts for misconduct
– Unilaterally change contract terms
– Modify operation of game or items in game
– Withdraw services
Law recognises that there may be a need for one-sided clauses, where
necessary to protect party’s legitimate interests – which may include
protecting revenue
But necessary to ensure clauses don’t go too far in providing
discretions – ie should not permit supplier to act unfairly
Limit to reasonable circumstances – or place overarching limit that such
rights and discretions can only be exercised to the extent necessary to
protect the legitimate interests of the supplier
20
21. Unfair contract terms – risks
Term may be void and unenforceable – resulting in eg:
– Inability to enforce banning rule against an individual player
– Exposure to breach of contract claims from players previously banned
ACCC may take action for declarations that terms are unfair
Possible exposure to false and misleading representation claim if
supplier misrepresents enforceability of unfair contract terms
From 2016, also applies to standard-form contracts with small
businesses (less than 20 employees) where upfront price is no more
than $300 000 or $1 million if the contract is for more than 12
months.
21
22. ACL jurisdiction issues
ACL purports to apply to all corporations ‘carrying on business’ in
Australia
Valve case:
– Held Valve was carrying on business in Australia – had 2.2M Australian
customers, plus local servers
– Software was being supplied in Australia – downloaded there
Consumer guarantee legislation explicitly states that a term
purporting to substitute law of another country will not work
Unfair contract terms law is less clear. May apply because supply is
in Australia – or even because terms applying law of another
jurisdiction is ‘unfair’
22
23. ACL penalties
Currently AU$1.1 million (€660K)
Increasing to greater of:
– AU$10 million (€6 million); or
– three times the value of benefit from misconduct; or
– if the court cannot determine the value of that benefit — 10% of the annual
turnover of the body corporate
ACCC chairman, 2018:
‘We really need much larger penalties for big companies when they mislead
consumers as this can cause a lot of consumer harm and it has to be stopped
… For larger companies, we really need penalties of well above $100 million
(€60 million) for those companies to get the message that this is behaviour that
they should not be engaged in’
23
24. Loot boxes and gambling
Gambling/gaming is regulated at state/territory level, as well as federal
Different laws in different jurisdictions
No cases
Most commentary in the past suggests game items do not involve gambling – no
‘value’
Star Wars: Battlefront 2 loot box controversy attracted attention
Unofficial comments from a ‘strategic analyst’ – Victorian regulator:
– ‘We are currently engaging with interstate and international counter parts to progress
wider policy changes and to modernise and inform both Federal and State based
legislation’
– ‘… it is perhaps unfortunate for these companies that gamers have infiltrated most
areas of government; be assured that knowledgeable and interested parties are
undertaking a large body of work in relation to issues you noted. And if an avenue of
investigation or enforcement is found; then we will most definitely pursue it.’ (emphasis
added)
24
25. Privacy
Privacy Act 1988 (Cth) – Federal legislation – comprehensive
requirements for protecting personal information, providing notices,
obtaining consents, maintaining privacy policies and compliance
programs etc
Binds all private sector and not-for-profit organisations with an annual
turnover of more than AU$3 million (€2 million)
Significant amendments in 2014, including increased extraterritorial
effect
May bind foreign companies in relation to any activities they conduct in
Australia and dealing with personal information collected in or obtained
from Australia – even if they have no physical presence in Australia
25
26. Privacy: Data breaches
Compulsory notification of data breaches – from February 2018
Notification required when entity is aware that there are reasonable
grounds to believe that there has been a data breach likely to cause
serious harm to individuals
Must promptly notify affected individuals and the Commissioner
Notification must include a description of the data breach, the kind of
information involved, and how customers should respond
Penalties for failure to comply: up to AU$1.8 million (€1.2 million)
26
27. Privacy: Disclosure overseas
Australian Privacy Principle (APP) 8.1: entity disclosing PI overseas
must take reasonable steps to ensure that the overseas recipient does
not breach the APPs.
However:
An APP entity may disclose personal information to an overseas recipient
without complying with APP 8.1 where the entity reasonably believes that:
– the overseas recipient is subject to a law, or binding scheme, that has the
effect of protecting the information in a way that, overall, is at least
substantially similar to the way the APPs protect the information; and
– mechanisms can be accessed by the individual to enforce that protection of
the law or binding scheme
GDPR is most likely ‘substantially similar’
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28. Taxation
From 1 July 2017, Goods and Services Tax (10%) applies to digital
products such as streaming or downloading of movies, music, apps,
games, e-books, and services
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29. Classification/censorship
Australian Classification Board – Federal Government agency
Classification (Publications, Films and Computer Games) Act 1995
(Cth)
Games are submitted and the Board issues a classification (5 –
20 business days)
Games may be edited and re-submitted
Self-assessment possible using an authorised industry assessor –
streamlines process, but final decision remains with the Board
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33. Television broadcasting
Content is self-classified by broadcasters in accordance with industry codes of
practice
Free-to-air: Commercial Television Industry Code of Practice
Pay TV: Australian Subscription Television and Radio Station (ASTRA) Code of
Practice
Monitored by the Australian Communications and Media Authority
Relevant to eSports broadcasting – time slots, advertising, profanity delays
Codes updated in 2018 to restrict gambling promotions during live sports
broadcasts
[Update in response to query: Content regulation of online streaming of eSports
is limited, but a consultation process is underway concerning regulation of
gambling advertising in online live sport coverage – see
http://hwlebsworth.com.au/consultation-on-draft-rules-for-gambling-ads-in-
online-live-sport/]
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34. Encryption
Australia is proposing to ‘introduce legislation to ensure companies
providing communications services and devices in Australia have an
obligation to assist agencies with decryption’
Cooperating with US, Canada, UK, and New Zealand
No details of timing, content of legislation or how technical obstacles
will be overcome
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