Digital Commerce

Digital Commerce

Valuable legal advice for digital commerce

We have extensive experience advising on laws relating to e-commerce, at both retail and wholesale level. Our clients include regulators, industry bodies, banks, financial institutions, card issuers, providers of financial market infrastructure, payment providers, telcos and ISPs, digital content providers, major retailers, utilities, insurers, credit reporting agencies, and loyalty and other marketing scheme managers. We also advise consumer goods and services companies, government and not-for-profit organisations in relation to the activities they carry out online.

Advising innovators

Working closely with regulators has allowed us to contribute to the development of various regulatory regimes that affect the conduct of business online. This is an important technical area that is set to keep growing – and we have acquired an unrivalled knowledge and understanding of the current network of laws and regulations affecting the digital commerce industry and its players. For example, we have deployed our expertise on the development of BPAY and advising Reserve Bank of Australia, Australian Payments Clearing Association, and Austraclear on their clearing and payment systems, and we have also worked with a number of smaller or niche organisations on their payment platforms and offerings.

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Other work highlights include advising:

  • Sensis on the development, planning and execution of its digital strategy, including in relation to its transformation from a traditional print directories business to a provider of a wide range of online marketing and specialised social media management services. This included the development and execution of a digital distribution strategy to extend the distribution of directories and advertising products, including new processes for automatically gathering and ingesting online content, development of new content distribution channels and the implementation of a new relevance-based search algorithm
  • Bare Escentuals on reviewing and amending UK website documentation (including Terms of Use, Customer Service Policies, Sales Policy), advising on internet transactions, shipping and returns, accessibility requirements and website statutory disclosure requirements
  • Colgate-Palmolive on structuring, negotiating and drafting an agreement for the development and management of the eCommerce platform for the marketing, promotion and sale of Colgate-Palmolive’s first range of electric toothbrushes
  • Associated British Foods on the establishment of the Twinings B2B website, including drafting website documentation such as its Terms of Use and Terms and Conditions of Sale
  • UnionPay on internet issues and represented UnionPay in litigation regarding the domain name unionpay.com, winning the case for the client
  • Telstra BigPond, Australia’s largest ISP, on all aspects of its ecommerce  businesses – such as the operation of its BigPond Music and Movies download services and the management of several major sporting websites, including the official websites of the Australian Football League and National Rugby League.

We use problem-solving skills to find innovative, effective ways to handle evolving regulatory and compliance issues. Clients who benefit from this approach include those seeking to gain a competitive edge through the use of disruptive digital technologies, including through m-payments and e-payments systems.

Wide-ranging expertise and insight

Our lawyers provide the full range of advice relevant to digital commerce, including:

  • Creation of payment and clearing systems (including as to membership, and participant obligations)
  • Development of new and innovative payment products
  • Privacy and data protection (including in relation to the specialised rules affecting credit related information, and complex issues that may arise if personal data is being shared across jurisdictions)
  • Information security and management of data breaches
  • Regulations affecting digital marketing, including spam and telephone marketing
  • Consumer protection
  • Intellectual property, including copyright issues relating to licensing of digital goods (including in relation to the sale of TV, movies, music and live sports coverage online)
  • Branding issues, including in relation to the protection of registered and unregistered trade marks and other brand assets.
"They understand us and anticipate; they know what we want and they deliver."

Chambers

We have a full team specialising in this area.

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