Website / App Legal Bundle incl. Terms, Privacy etc.

Legal Background ➲ Australian privacy act 1988 (Comm.)

The Privacy Act and Australian Privacy Principles (‘APPs’) govern the collection, storage, use and disclosure of Personal Information

Australian businesses/NFP's are bound by the Privacy Act if they:

➲ “Opt-in” or publicly volunteer to be regulated;

➲ Handle Personal Information (defined below) + have $3 million or more in annual turnover; or

➲ Are captured by the second set of criteria set out in the Act.

Caution: The additional “second set” of criteria mean that every business or charity regardless of turnover may be caught if they sell or purchase Personal Information or handle specific categories of Personal Information, such as TFN (Tax File Numbers, Health + Medical Data, etc.)

Small business/NFP operators generally are exempt from the Privacy Act unless one of the above-mentioned points apply.

Does your business/NFP need to comply with the privacy act?

Click the below link to access the online guide:

‍Does my Business/NFP need to comply with the Privacy Act?

If you are still unsure you should take the cautious approach and put relevant privacy measures in place as well as seek Independent Legal Advice.

Credits:

This FAQ was extracted from the blog article "Privacy Policies & Australian Law" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠ which was originally published in late 2018 + is hosted on iubenda's website.  

By way of full disclosure: Blue Ocean Law Group℠ is iubenda's Legal Network partner in Australia + New Zealand.

Blue Ocean Law Group℠ also collaborates with iubenda to present regular free webinars entitled:

“How to make your website/app easily compliant with Australian Law?”

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

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Where is your website hosted? Do you target overseas users/clients? etc.

Firstly, your law(s) of reference determine which rules you’re subject to.

Simply put, the laws of a particular region [for example, the EU GDPR] can apply to you in addition to local Australian law even if you don’t live, or run your business or charity (also known as a not-for-profit or NFP) there.

In general, the laws of a particular region can apply if your business or NFP:

➲ Base your operations there; or

➲ Use processing services or servers based in the region; or

➲ Service targets users from that region (example: accepting payment in Euros).

So to be clear, this basically means that regional regulations may apply to you and/or your business or charity whether you’re located in the region or not.

Be on the safe side, ensure you comply with the strictest regulations

For that reason, it’s always advisable that you approach your data processing activities with the strictest applicable regulations in mind.

You can read more about which privacy laws apply to you here.

Another point in favour of having a comprehensive privacy policy in place is that it’s simply good business to have a Privacy Policy.

Regardless of whether legal obligations apply, all customers/clients today fully expect their personal data will be respected + protected.

‍Any breach, aside from potentially leading to legal consequences, will directly impact your business reputation, and ultimately could cause your business or charity to shut-down due to public loss of confidence.

Credits:

This FAQ was extracted from the below blog article "Privacy Policies & Australian Law" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠ which was originally published in late 2018 + is hosted on iubenda's website.  

By way of full disclosure: Blue Ocean Law Group℠ is iubenda's Legal Network partner in Australia + New Zealand.

Blue Ocean Law Group℠ also collaborates with iubenda to present regular free webinars entitled:

“How to make your website/app easily compliant with Australian Law?”

Further Reading:

What is a Force Majeure clause?

A force majeure clause is a method of allocating the risk of a disruptive event. It is a broad catch-all provision whereby the parties list categories or specific instances of otherwise frustrating events, together with the party or parties to bear the risk of the event occurring.

The clause can also grant options to vary, suspend or terminate the contract to one or more of the parties. [1]

Force majeure clauses form part of a contract’s express terms, subject to the conventional methods of construction.

Absent a force majeure clause, it is unlikely a contract’s commercial purpose would suggest that such a provision is so apparent that it goes without saying [2], meaning a court is likely to refuse to imply it.

Further Reading:

For a more detailed discussion please refer to our blog article “Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call" by Shakvaan Wijetunga | Virtual Intern at Blue Ocean Law Group℠.

Footnotes:

[1] Eg., Yara Nipro P/L v Interfert Australia P/L [2010] QCA 128, [26].

[2] BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, 283.

Important Notice:‍

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.