Information & Communication Technology

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 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.

At AV we have a depth of understanding around technology issues. One of our Associates, Michael Smith, worked in the ICT industry for over a decade before coming into law, and has practical skills and knowledge from this background that ensure that the contracts and agreements prepared by AV identify and protect against the real risks specific to this industry.

Atkinson Vinden provides 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 draftingTerms 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

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 to protect the business.

Call our Commercial Law team on (02) 9411 4466 or email for assistance on any ICT related legal issue.