Regulatory enforcement & investigation.

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Midjourney, I am your plaintiff: Disney and Universal sue AI platform for copyright infringement

Midjourney is a subscription-based generative AI platform that creates images from text prompts submitted by its users. Similar to many other generative AI platforms, Midjourney’s model is trained on data scraped from the internet, which includes copyrighted materials of third parties.

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Silence is golden: why NDAs are more important than you think

Whether you’re launching a startup, entering into a joint venture or simply discussing a new idea with a potential partner, protecting sensitive information is crucial. That’s where a non-disclosure agreement (NDA) comes in - a legal tool designed to safeguard confidential information from being disclosed or misused.

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Privacy Commissioner’s determination on Bunnings’ use of facial recognition technology

The Office of the Australian Information Commissioner recently decided that Bunnings breached Australian privacy laws by using facial recognition technology to identify people causing problems in their stores. The focus of its determination was about whether privacy laws permitted the use of FRT in such circumstances.

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Unfair contract terms: a year in review

The Australian Consumer Law (ACL) and the Australian Securities and Investments Commission (ASIC) provides protections to consumers and small businesses against unfair contract terms (UCT Regime). In November last year, there were significant changes to the UCT Regime, so…what have we learnt?

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Navigating the changes: privacy law reforms in 2024

Privacy is paramount, especially in today's digital age where our personal information is constantly being collected, stored, and shared. The Australian Government is set to make significant changes to privacy laws to protect consumers and align with global standards after a series of data breaches. Here's what you need to know:

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Navigating social media influencer requirements

In recent years, social media influencers have transformed the way brands engage with consumers. Influencers carry significant power in shaping trends, opinions and purchasing decisions of consumers. However, this newfound influence has also brought about a set of legal responsibilities that brands engaging influencers must understand and navigate.

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Countdown to change: preparing your business for changes to the unfair contract terms regime

Australia currently provides protections, via the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), against unfair contract terms (Unfair Contract Terms Regime). The Unfair Contract Terms Regime applies to consumer contracts and small business contracts that are considered standard form contracts.

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Don’t get swept up in ACCC’s influencer crackdown.

Each year, the Australian Competition and Consumer Commission (ACCC) announces its Compliance and Enforcement Priorities. In 2022-23, one of its priorities was to identify deceptive marketing practices across the digital economy. On 27 January 2023, the ACCC announced that it will be starting a sweep to identify misleading testimonials and endorsements by social media influencers. This comes as members of…

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Beware of the phish when you surf – recent changes to privacy laws

We’ve all heard about it – personal information being leaked into the public domain or perhaps sold to third parties without knowledge or consent. Whilst these occurrences can be catastrophic, we seem to have developed a ‘breach fatigue’ or desensitization as data breaches become more of ‘the norm’. Protecting your personal information is not as simple as having a 12-character…

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A ship without its captain

In day to day operations, companies act through its board of directors. The board tends to make strategic and operational decisions and is responsible for ensur...

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