If you have a business website, doing business on-line requires compliance with e-business rules as well as the standard laws, even if you think your site is just a "brochure" or information site.
Depending on the type of business you are in and the customers you are targeting, special rules may apply.
If you carry on business in cyberspace, you need legal advice on a range
of issues:
- ownership and protection of your domain name, logo and trade mark;
- ownership of the design and content of your Website;
- contracting with a developer and Internet Service Provider;
- rights to use software and ordering and billing processes;
- terms of use of your Website including conditions of sale;
- privacy policy and collection and use of personal information;
- dealing with search engines and linking;
- advertising arrangements and electronic marketing/spam;
- whether the content of your site is regulated (eg gambling, adult themes);
- liability issues;
- consumer rights;
- security issues;
- jurisdictional issues;
- defamation issues;
- disclosure of your business details;
- the enforceability of on-line contracts;
- risk management and disaster recovery issues.
Companies put a lot of effort into making sure that the design of their web
site is effective. But in addition to
making the site look and work properly, it’s equally important that you
comply with the wide range of laws imposed on web sites in Australia.
Certain industries are heavily regulated.
If you are APRA-regulated or a listed company then in addition to the other applicable
laws your website needs to satisfy corporate governance standards
and have regard to the ASX Governance Council Best Practice
Principles.
If you are fundraising or provide financial services on-line then you need to comply with ASIC’s policies and the Corporations Act.
If you lend on-line to consumers you need to comply with the Consumer Credit Code.
You also need to be aware of the rights of certain consumers eg minors, disabled persons.
Your on-line presence is not as simple as a brochure.
