Martin Taylor Associates Logo
Menu

Latest News

E-Commerce Laws You Must Know To Run An Online Business

Share this article:

Make sure your e-commerce business complies with Australian Consumer Law by having accessible terms and conditions.

 

In Short

  • Understand key e-commerce laws, including Australian Consumer Law (ACL), privacy laws, shipping regulations, and intellectual property (IP) protection.
  • Ensure your e-commerce policies (returns, refunds, and cancellations) are clear and comply with legal standards.
  • Prioritise customer data protection and stay informed about shipping restrictions for your products.


Tips for Businesses

Make sure your e-commerce business complies with Australian Consumer Law by having accessible terms and conditions. Always publish a clear privacy policy detailing how customer data is handled. Understand shipping restrictions and check with couriers about any product limitations. Lastly, protect your intellectual property with trademarks and avoid using content you don’t have permission to use.

E-commerce is a relatively new retail branch, having taken off recently as the internet has exploded. It is important to note that all businesses, including those operating exclusively online, are subject to rules and regulations. Whether you are a new or well-established e-commerce business, there are several laws you must know. This article will take you through four e-commerce laws you must understand to run an online business.

Australian Consumer Law

The Australian Consumer Law (ACL) oversees all e-commerce transactions in Australia, making it essential to prevent legal disputes or breaching any obligations. The ACL provides consumers with specific legal rights and ensures businesses can be held accountable for their actions.

The ACL compels you to guarantee several elements. This includes the product must:

  • be without defects;
  • match the description on the website;
  • meet safety regulations; and
  • come with certain guarantees, including the right to request a replacement, refund or cancellation.

Failure to comply with ACL can lead to disputes and complaints reported to the Australian Competition and Consumer Commission (ACCC). Although it is impossible to contract out of these guarantees, you should still have an e-commerce policy. This policy should be outlined in easily accessible terms and conditions, outlining conditions and time frames for returns, refunds and cancellations.

Privacy Laws

All businesses should be aware of the relevant privacy laws. This is particularly pertinent for e-commerce businesses, which have access to a larger market than traditional businesses. Depending on where your e-commerce business operates, you will need to know the different applicable rules and jurisdictions.

In Australia, the Privacy Act 1988 provides critical laws protecting private information. This includes the collection, use, storage and sharing of any personal information. However, even if this legislation does not apply to you, you must protect your customers’ data to prevent any data breaches. Therefore, all e-commerce businesses should prioritise publishing a highly visible privacy policy outlining exactly how they handle sensitive data.

Shipping Laws

Before setting up an e-commerce business, you must know specifically what you can and cannot send to customers. The Australian Code for the Transport of Goods by Road & Rail outlines some dangerous goods you cannot ship in the mail. This includes: 

  • explosive materials;
  • certain liquids; and 
  • perishable items, including fresh fruits and vegetables. 

The courier company you choose to use for your e-commerce business will also have their own restrictions. For example, certain courier companies will not ship glass because of the potential dangers if the item breaks. Therefore, before setting up your business, you should check that you can legally ship your goods.

Intellectual Property 

All e-commerce businesses should be aware of intellectual property (IP) laws. Knowledge of this will protect your business and ensure you do not impede on the IP of others. An e-commerce business’s IP will include all its intangible assets, including its branding material and online content. Protecting your branding with a trade mark is one way to prevent anyone from using your IP for their benefit.

In addition to protecting your IP, it is equally important to not ‘steal’ anyone else’s. This includes ensuring all content you publish is either original or royalty-free content that you can use safely. If you use someone else’s IP without their consent, you risk legal disputes and tarnishing your business’ reputation.

Key Takeaways

To run an online business safely and successfully, e-commerce business owners must be aware of the laws surrounding their operations. Some important e-commerce laws to be aware of include laws regarding:

  • Australian Consumer Law;
  • privacy;
  • shipping; and
  • intellectual property.

Frequently Asked Questions

What is e-commerce?
E-commerce refers to a business model selling goods and services online. E-commerce allows businesses to access a wider market, making it popular for smaller companies with a narrow reach. Australia is one of the largest e-commerce markets in the world, with the industry continuing to expand.

What e-commerce laws should I know to run an online business?
To run an online business safely and successfully, e-commerce owners must know the laws surrounding their operations. Some essential laws that e-commerce business owners should understand include laws regarding the Australian Consumer Law, privacy, shipping and intellectual property.

 

By Emily Young
Legal Vision
Legalvision.com.au

 

 

Share this article:

Hot Issues

Contact Us

Orbost

Bairnsdale

Stylised Map Martin Taylor Associates Logo

ABN: 73 094 911 412

Liability limited by a scheme approved under Professional Standards Legislation.

Andrew Martin CA

Born in Mansfield in the Victorian high country, Andrew started school in Orbost. After graduating from Melbourne University in 1992, Andrew commenced his career with what was then Price Waterhouse (now PWC). Andrew moved to Bairnsdale in 1995 and has lived in East Gippsland ever since. One of the founders of the practice in 2000, the year GST came to Australia, Andrew is married to Michelle, a third generation East Gippsland resident, and proud father of Nelson and Georgia, who attended local schools for their primary and secondary education.

Andrew and Georgia are keen participants in triathlon and multi-sport events, and in 2022 participated as father and daughter in the Age Group Triathlon World Championships in Abu Dahbi. This year, they will participate together in the Multi-Sport World Championships in Townsville.

As the owner and founder of a business in East Gippsland, Andrew understands the local issues that impact on your business. The impact of flood, bush fires, drought, and the vagaries of world commodity prices can be better understood when you are deeply immersed in the local community.

Dealing with banks and the Australian Taxation Office when you live in a rural area is easier to understand when they happen in your back yard.

Ryan Gaul CA

Ryan, a Chartered Accountant, relocated from Essendon to Lakes Entrance in 2020 to be with his wife, Morgan. In Melbourne, Ryan worked under the guidance of accountant and player manager Peter Jess, serving clients that ranged from small to medium-sized businesses, AFL players, entertainers, and athletes.

After his move to Lakes Entrance, he joined Martin Taylor Associates. Since joining the firm Ryan has enjoyed the challenges of the agricultural sector and has worked closely with Andrew to develop his knowledge in this area.

Ryan is actively involved in the local community. He joined the Buchan Football Netball Club as a player and took on the role of Treasurer. He also serves as the Treasurer for the East Gippsland Farm Dog Group. Ryan’s wife Morgan runs her own speech pathology business which services the East Gippsland region.

Jan Roach

Jan has worked in public accounting in Orbost for 40 years and is one of the founders of the practice. Married to Johno (now retired long-term builder), proud mother of Adam, Paul and Nick and proud grandmother to Owen, Tess, Teagan, and Millie.

Having been in business, Jan understands compliance can sometimes be overwhelming, and will help you navigate the right path. Jan has a strong affiliation with our trade and primary producer clients.

Kerry Ellis

Kerry has worked in administration in public accounting and legal practices for nearly 15 years. Kerry understands when you contact us, you need to talk to someone who has or can get an answer to your query. Kerry controls the workflow in our practice and manages our interactions with the ATO, ASIC and the banks. Kerry understands the challenges of providing information to big bank data centres and dealing with Centrelink.

Contact Us

Tax Diary

General Calculators

Accounting Videos

Tax Deductions

Secure File Transfer

Secure File Transfer is a facility that allows the safe and secure exchange of confidential files or documents between you and us.

Email is very convenient in our business world, there is no doubting that. However email messages and attachments can be intercepted by third parties, putting your privacy and identity at risk if used to send confidential files or documents. Secure File Transfer eliminates this risk.

Login to Secure File Transfer, or contact us if you require a username and password.

General Disclaimer

The material on this website has been prepared for general information purposes only and not as specific advice to any particular person. Any advice contained on the website is General Advice and does not take into account any person’s individual investment objectives, financial situation or needs.

Before making an investment decision based on this advice you should consider whether it is appropriate to your particular circumstances, alternatively seek professional advice.

Privacy Policy

Martin Taylor Associates is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.martintaylor.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don't guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Martin Taylor Associates will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

(03) 5152 6213