In this Part:
- Potential Issues
- Succession Planning
- Death and the Internet
Uniform legal expectations of all businesses operating in the States and Territories of Australia have been in place since the start of 2011; just as in the 'bricks-and-mortar' environment, you can look after your eCommerce business and your customers if you:
- demonstrate good business behaviour (e.g. don't make false, misleading or deceptive claims about a product or service);
- know your rights when purchasing goods and services for use by your organisation, or for sale to others; and
- respect your customers' rights by using fair contracts, honouring consumer guarantees, and complying with rules on sales practices.
ACCAN suggests that you make yourself familiar with the Australian Guidelines for Electronic Commerce.
The Department of Communications also offers a comprehensive guide to 'Legal tips' on their DigitalBusiness website.
When you engage in eCommerce, you may be exposed to an increased number of potential legal issues, particularly in the areas of:
- ownership of software and related technology;
- fair dealing in intellectual property and use of content;
- online marketing and spamming laws; and
- data security and retention.
This information is a general guide to some of the legal issues that may arise when your organisation is operating online. It is not intended as legal advice in relation to your particular circumstances. If in doubt, you should always seek independent legal advice.
An important issue you need to think about is what will happen if you die before your business does. The ownership of digital files, their transfer to another person or business, associated contractual obligations, and the maintenance of data over time, are significant issues.
You must identify the location or means of recovering passwords to access your service. ACCAN suggests that you make a Will; and include this information in it!
Death and the Internet
The increasing use of cloud services (see Module 4) to store data raises many questions about the management of your digital heritage. it is important to remember that digital data can survive its creators.
(source: Laughing is Prohibited)
ACCAN and Digital Heritage have created resources to help your successors address potential posthumous contractual issues.