July « 2008 « Australian Technology and IP Business

July 14, 2008

What is involved in legally “clearing” an ad?

You have developed a new product or are launching a new campaign. So what’s involved in “clearing” an ad?

You need to check the content carefully: something that seems funny may be offensive or discriminatory.

Check that you haven’t infringed someone else’s copyright or trademark (eg by using a photo or expression belonging to someone else).

Make sure you have registered your own trade marks and domain names.

Avoid comparative advertising unless you are truly comparing "like for like".

Leaving out an important condition may be misleading. If there are conditions, highlight them. Keep your message simple and clear.

Do you have the resources to do what you offer? If you are offering prizes for a competition, check the conditions carefully. Remember the Pepsico Points case.

Does your pricing model take into account different scenarios?

Have you considered tax issues?

Have you done full “specifications” of the product?

What are the pros and cons? Costs/benefits?

What are your most important objectives?

Can compromises be made?

Is there any ambiguity? Have you conducted usability testing to see that an outsider understands what you are saying?

Are the product terms and advertising goals fully documented?

Have you considered the effect of the ad in different media? How will it look and sound on TV, the radio or internet as opposed to print? Is the ad legible, the voiceover clear?

And of course check for Credit Code and FSR compliance, as applicable.

If you haven’t properly planned your advertising and it does not achieve the intended effect, you may have to withdraw the new product.

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Posted 14th July 2008 by David Jacobson in Legal

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July 13, 2008

Physical security: a privacy risk

In my reviews of organisations I often find that a lack of physical security is the most likely compliance risk. For example files left on desks, filing cabinet keys left on top of the cabinet and even passwords left on post-its stuck on PC’s represent privacy and AML risks.

A recent US survey (reported in Computerworld) revealed that computer laptops are most often stolen at airports, along with hotels and parked cars.

"Some of the largest and medium-size U.S. airports report close to 637,000 laptops lost each year, according to a Ponemon Institute survey. Laptops are most commonly lost at security checkpoints, according to the survey.

Close to 10,278 laptops are reported lost every week at 36 of the largest U.S. airports, and 65% of those laptops are not reclaimed, the survey said. Around 2,000 laptops are recorded lost at the medium-size airports, and 69% are not reclaimed. The institute conducted field surveys at 106 airports in 46 states and surveyed 864 business travelers….

The U.S. Federal Trade Commission recommends people treat laptops "like cash." Like a wad of money, a laptop in public view, such as in the back seat of a car or at the airport, could attract unwanted attention. The FTC also recommends using tracking devices such as Absolute Software Corp.’s LoJack, which can help track down a stolen laptop by reporting its location once it is connected to the Internet."

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Posted 13th July 2008 by David Jacobson in Risk management

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July 3, 2008

Website review checklist

Most credit unions and building societies have a website. Are you up to date with recent changes in the law?

Have you included the right legal terms
and conditions of use?

Have you included the required disclosures under the Consumer Credit Code (for your credit products) and under the Corporations Act (for your deposit and advice products)?

Are you aware of the changes in the law that will allow you to streamline your customer processes?

Doing business on-line requires compliance with e-business rules as well as the standard laws.

In managing a website, you need legal advice on a range
of issues:

ownership and protection of your domain name, logo and trade mark;
ownership of the design and content of your Website;
contracting with a developer and Internet Service Provider;
rights to use software and ordering and billing processes;
terms of use of your Website;
privacy policy and collection of personal information;
dealing with search engines and linking;
advertising arrangements;
liability issues;
consumer rights;
security issues;
jurisdictional issues;
defamation issues;
disclosure of your business details;
the enforceability of on-line contracts.

Companies put a lot of effort into making sure that their web
site is effective. But in addition to
making the site look and work properly, it’s equally important that you
comply with the wide range of laws imposed on web sites in Australia.

If you are APRA-regulated then in addition to the other applicable
laws your website needs to satisfy the corporate governance standards
and have regard to the ASX Governance Council Corporate Governance Principles and Recommendations.

If you are fundraising online then you need to comply with ASIC’s policies.

And from the end of the September 2008 quarter you need to make website disclosures about capital and credit management issues under APS 330.

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Posted 3rd July 2008 by David Jacobson in Legal, Web/Tech

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