Information & Communication Technology Law

Over 99% of Australians have access to the Internet. This impressive figure has not only revolutionised the way Australians communicate, work and consume entertainment, but it has also impacted the laws applying to information and communication technology. Legal amendments are continuously being implemented to protect Australians from the risks and implications of spending an increasing amount of time online. 

ICT law addresses the way we utilise technology by applying practical and ethical regulations equivalent to those that we take for granted in the real world. The issues generated by the Internet of Things, quantum computing, Big Data and cloud computing are provided with solutions under ICT law. This includes social, technological and economic areas of potential concern such as intellectual property, privacy, e-commerce, cyber attacks and fraud.

The benefits of ICT law for businesses are immense. ICT law provides a framework for the proper acquisition, storage and dissemination of digital information. This helps to protect businesses from hacking, fraud and commercial negligence, ensuring that they maximise the benefits of modern technology while mitigating potential risks.

ICT lawyers provide services and insightful advice associated with technology contracts, Intellectual Property, data ownership, software development, consumer rights, human rights and the maintenance of ICT systems, among other technological specialities. If you are looking for commercial ICT lawyers in Sydney, or for further information in relation to Information & Communication Technology (ICT), please do not hesitate to contact any member of our Commercial Law Team.

What is ICT Law in Australia?

ICT law is a dynamic area of law that comprises different branches covered by the Acts of Parliament and the Common Law, including but not limited to:

– Contract law
– Copyright law
– Criminal law
– Banking law
– Labour law
– Privacy and data protection law
– Consumer protection law
– Intellectual property law

ICT law covers both contentious (disputes involving two or more parties) and non-contentious (deals and transactions involving one or more parties) legal work. Due to its multifaceted nature, ICT law is covered by numerous pieces of State and Federal legislation including The Privacy Act 1988 (Cth), the Assistance and Access Act 2018 (Cth), the NSW Crimes Act 1900, The Security of Critical Infrastructure Act 2018 (Cth) and the Telecommunications (Interception and Access) Act 1979 (Cth).

The inherent complexity of ICT law means that it is extremely important that you secure expert, relevant advice on the implications of this diverse area of law.

  • How Our ICT Lawyers Can Help You

    As Information & Communication Technology evolves, the processes we utilise within business change. While modern technology has dramatically improved the efficiency of the processes we undertake at work, it has simultaneously resulted in countless risks. To both capitalise on the benefits of technology and minimise the risks, your business needs a reliable, experienced lawyer who understands ICT law and is fluent in the complex and technical nature of information communication technology. If you are seeking advice relating to ICT law, only an ICT lawyer can provide comprehensive legal solutions to your technical problems and legal risks.

  • TECHNOLOGICAL CHANGE

    • Technological change is causing major disruption for most businesses in Australia, and this process will only snowball overtime. Core to any business in coming years will be tight controls over information and communications technology and in particular:
      • How is your confidential information and data stored?
      • Who has access to it, and on what terms?
      • How legally enforceable are your rights to protect those resources?
    • Many well-meaning lawyers attempt to apply well established legal concepts to ICT issues at their peril. Without an understanding of the technology involved, it is difficult for a lawyer to know what risks need to be protected through legal documentation.
  • ATKINSON VINDEN’S ICT LAWYERS PROVIDE ADVICE ON:

    • Software Licensing, Maintenance and Sale Agreements and Web-Hosting Agreements
    • Registration of Domain Names and Website Design and Development Contracts
    • Conducting trademark searches, advising on and applying for trademarks
    • E-commerce including drafting Terms of Trade and Disclaimers and Electronic Security
    • Maintenance Issues
    • Privacy issues
    • Confidentiality agreements, and restraints of trade
    • Employment contracts addressing confidentiality and IP creation issues
    • Lawful surveillance of employees and contractors
    • Spam Act obligations
    • Advice on provisions of Copyright Act 1968
    • Dispute Resolution Issues
    • Cyber-crime including theft of company data by employees and contractors
    • Civil Search orders, injunctions, damages claims
    • Infringement of copyright disputes
    • Defamation claims and reputation management

    We also offer an ICT Legal Audit service for clients, in which we review a company’s legal arrangements around ICT issues, so as to identify areas of risk, and to propose some low cost steps and commercial advisory services to protect the business.

     

    Interested in finding out more about the implications of ICT law on you or your business? Contact our commercial law team for expert advice on navigating the complex field of ICT law.

PDF

Protecting your reputation starts with simplifying the complex. This handy checklist should quickly point you in the right direction and help you understand whether you have a case, and where to start to secure the best possible outocme.