The Commonwealth Government’s 13 suggested Australian Privacy Principles (APP), to be integrated together with a new Privacy Act 1988 (Cth), and will change 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 liable for composing the new laws, Joe Ludwig, has stated that the individual’s right to privacy is a ‘fundamental human privilege that needs to be protected’. To this end, the existing legislation will be amended with the following objectives in mind:
The two present sets of principles (the IPP and NPP) will be substituted by a single, streamlined and harmonised set of obligations that draw on the existing principles; That the Principles should signify a symmetrical set of criteria to deal with the risk of damage from improper sharing and addressing of an individual’s sensitive information; To make sure that the standards also consider an individual’s fair anticipations around the addressing of their information; and To make certain that the regulations hit a harmony involving the Public’s and the individual’s interest in useful, reliable service delivery and public protection.
On the other hand, website terms and conditions are usually not the very first thing you examine when browsing an online site, realistically most people never look at a website’s terms and conditions unless encountered with a dialogue box needing their acceptance. However having a page of terms and conditions in addition to a privacy policy is vital to the successful operation of your website or internet business. In 2009 the ACCC began a crackdown on the websites of online stores who “simply ‘cut and paste’ information from other sites on warranties and refunds without looking at that the details are correct”, to quote the ACCC chairman Graeme Samuel. The ACCC effectively 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 in accordance with a court order.
While issues with the former Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth), are limited to websites selling goods or services, every website will need terms and conditions as other laws will influence them. For example you may need to minimize the methods people can use your website’s content; this will just be enforceable if your terms and conditions adhere to the regular and statutory laws of contract, and the Copyright Act 1968 (Cth). Here are several areas to consider when drafting website terms and conditions: What does your website provide? Every website differs and will consequently call for a unique range of terms and conditions. Websites can typically be separated into the sets of providing information, product and/or service sales, and those permitting user generated content. It is vital to work through what it is your website is providing and draft your terms and conditions accordingly.
For instance an online site enabling end users to obtain products and/or services will require terms about distribution, warranties, a returns policy, and to guarantee such terms and conditions do not offend the provisions of the Competition and Consumer Act 2010 (Cth). Websites permitting user generated content needs to have terms describing who carries responsibility for the content, and procedures for coping with unpleasant content. Any website will also have to clarify the conditions upon which users can use website content and features, and to know what uses of original content are allowed 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 doesn’t satisfy your website’s content and operations – an issue that may have legal implications like it did for DealsDirect.
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