Implementing The Privacy Policy Laws In Australia

The Commonwealth Government’s 13 recommended Australian Privacy Principles (APP), to be involved as part of a new Privacy Act 1988 (Cth), and will substitute the Information Privacy Principles (the IPP, which govern the Commonwealth public sector) and National Privacy Principles (or the NPP, which govern private sector conduct). The Cabinet Secretary accountable for drafting the new laws, Joe Ludwig, states that the individual’s privilege to privacy is a ‘fundamental human privilege that must be protected’. To this end, the current legislation will be amended with the following goals in mind:

The two present sets of principles (the IPP and NPP) will be replaced by a single, structured and harmonised range of requirements that draw on the existing principles; That the Principles should signify a balanced set of requirements to address the possibility of damage from improper sharing and handling of an individual’s personal information; To make certain that the standards also take into consideration an individual’s practical anticipations around the handling of their information; and To make certain that the regulations strike a stability between the Public’s and the individual’s desire for efficient, effective service delivery and public safety.

Alternatively, website terms and conditions usually are not the first thing you look at when browsing an online site, realistically most people never look at a website’s terms and conditions unless confronted with a dialogue box seeking their acceptance. However getting a page of terms and conditions as well as a privacy policy is critical to the successful performance of your website or online business. In 2009 the ACCC began a crackdown on the websites of online retailers who “simply ‘cut and paste’ information from other sites on warranties and refunds without examining that the details are correct”, to quote the ACCC chairman Graeme Samuel. The ACCC successfully pursued the large online retailer DealsDirect over warranty terms on their own goods that were in breach of the Trade Practices Act 1974 (Cth). The company was instructed to adjust its website terms and conditions relative to a court order.

While issues with the previous Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth), are limited to websites selling goods or services, every website will be needing terms and conditions as other laws will affect them. As an example you may want to minimize the ways in which end users can use your website’s content; this will just be enforceable if your terms and conditions adhere to the normal and statutory laws of contract, and the Copyright Act 1968 (Cth). Here are a few areas to take into account when composing website terms and conditions: What does your website feature? Every website differs and will consequently need a unique range of terms and conditions. Websites can generally be split into the categories of giving information, product and/or service sales, and those enabling user generated content. It is significant to sort out what it is your website is presenting and draft your terms and conditions appropriately.

As an example an online site permitting users to acquire products and/or services requires terms about distribution, warranties, a returns policy, and to guarantee such terms and conditions do not go against the provisions of the Competition and Consumer Act 2010 (Cth). Websites enabling user generated content will need terms explaining who carries legal responsibility for the content, and techniques for dealing with unpleasant content. Any website will also need to clarify the conditions upon which end users can use website content and features, and to know what uses of original content are permitted under the Copyright Act 1968 (Cth). One size does not fit all, and merely copying and pasting the terms and conditions of another website to your own will mean you are left with a policy that won’t suit your website’s content and procedures – an issue that may have legal consequences like it did for DealsDirect.

Every website needs relevant Online Privacy Policy. An Inveiss senior lawyer will help you prepare your Online Privacy Policy for your business.