The Office of the Australian Information Commissioner (‘OAIC’) has released its 2020–21 annual report and performance statement.

In the past 12 months, the OAIC has sought to establish strong privacy protections to both increase public confidence in the use of personal information, and minimise the public health risks associated with COVID-19.

If you purchased a business and the sale included all of the business’s computers, would it be reasonable to expect to be able to use the software installed on those computers?

In the recent matter of QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615, the Federal Court ordered Shepparton Partners Collective Operations Pty Ltd (‘SPC’) to pay $1M+ in damages to software company QAD Inc (‘QAD’), after finding that SPC had infringed copyright after purchasing the business from Coca-Cola Amatil (‘CCA’) without having secured a transfer of the relevant software licence agreement.

• After the sale QAD required payment of a fee as a condition for its consent to transfer the licence, which SPC refused to pay.
• SPC denied that it had infringed copyright, claiming that it had an implied licence from QAD to use the software.
• SPC cross-claimed against Sale Co 1 Limited (‘SaleCo’) and CCA on the basis they had failed to use their ‘best endeavours’ to secure a transfer of the licence agreement.

Back in February 2020, Holman Webb published an article ‘AI and Facial Identification Technology – the Face of the Future?’, which referred to an article in the New York Times highlighting Clearview AI, and the use of the company’s facial recognition technology by law enforcement agencies internationally.

At the time the Australian Parliament was considering the introduction of the Identity-matching Services Bill 2019 and Australian Passports Amendment (Identity-matching Services) Bill 2019 which would enable the Department of Home Affairs and Foreign Affairs and Trade to utilise similar facial recognition technology.

As it turns out, Holman Webb Lawyers were not the only ones taking a close look at Clearview AI. Since that time, it appears that Clearview AI was offering free software trials to numerous law enforcement agencies within Australia, some of whom have commenced their investigation into the use of the app and have been feeding visual data into the system.

The Franchising Code of Conduct may be about to change again - this time, to introduce a ‘Franchise Disclosure Register’.

It remains to be seen whether the exposure draft of the changes will become law (through changes to the Code), and if so whether any amendments are made as a result of the consultation process. Regardless - in anticipation, Holman Webb’s Franchising & Retail Group has answered some FAQs in respect of the introduction of the register.

The new Director Identification Number regime commenced on Monday 1 November 2021. 

If you are a company director, you are now required to have your own unique Director Identification Number - a 15 digit identification number issued by the Australian Business Registry Services. 

You only need to apply for it once, and you keep it forever.

In Holman Webb’s April 2020 article Drone (UAV) Laws: Focused on Safety or Keeping Australia Back?, we discussed the strict regulations surrounding the use of drones (aka Unmanned Aerial Vehicles, or ‘UAVs’) within Australia. That article considered the impact of these regulations on Australia’s advancement with respect to UAV technology, especially within the agricultural and medical industries.

Since April 2020, the regulations have increased.

The highly-anticipated changes to the Franchising Code of Conduct are now in force.

These changes follow a parliamentary inquiry into the Code, which began in 2018. The inquiry saw many franchisees explain how their franchised business failed, and the consequences on their lives. It also exposed questionable business strategies by some franchisors, and has directly led to at least one enforcement action by the Australian Competition and Consumer Commission.

It is important for both franchisors and franchisees to understand that significant changes to the Code are now in force – many of which involve imposing civil penalties for breach.

This article contains a summary of five core areas that have seen significant change. 

On 10 August 2021 both Houses of Parliament passed the Treasury Laws Amendment (2021 Measures  No 1) Bill 2021, enabling companies to sign and execute documents, hold meetings, provide notices relating to meetings and keep minutes using electronic means or other alternative technologies, until the end of March 2022.

The Act will formally take effect once it receives Royal assent.

On 21 June 2021, Shadow Assistant Minister for Cyber Security, Tim Watts introduced the private members Ransomware Payments Bill 2021 (Cth) into Parliament. The Bill would require the Commonwealth Government and big businesses to report ransomware payments to the Australian Cyber Security Centre (ACSC).

The Bill was introduced in response to the 200% increase in reported ransomware attacks on Australian organisations - including prominent incidents affecting companies such as JBS Foods and Nine Entertainment.

The 16 July 2021 decision in LNCP002 Pty Limited v Akcin [2021] NSWSC 848 has highlighted the obligations of lenders and financiers to act fairly and in good faith with respect to borrowers in mortgage lending, and to do what they have promised to do.