How to protect your business from litigation with online documents

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There are a range of online documents that can be integrated into your website to save your business from litigation. Online documents are time-saving, hassle-free, accessible from any device and easy to implement. 

Key points to remember

  • The Privacy Act 1998 (Cth) (the Privacy Act) must be followed by all business owners to protect their client’s customer information.
  • A range of legal documents can be made to protect personal information. 
  • Each of these steps and documents can save your business from litigation in the future. 

Usage of online documents

Online document management can make your business efficient and increase productivity. Using online documents produces a range of advantages such as automatic saving, hassle-free storage, easily accessible through online databases or the cloud, simple storage, editable, able to track changes, development of e-signatures and to be secure from unauthorised access. 

While using the internet to conduct business including buying, selling or communicating services and functions is effortless; not having the correct legal documents integrated can have severe consequences. Regularly, online businesses connect with consumers, and even pass these consumers onto third parties or suppliers. Having the right instruments in place can safeguard your business especially if disputes or litigation were to arise. 

Why should I protect my customers’ information? 

The Privacy Act is required to be followed by business owners to protect personal information. This is to avoid circumstances such as: 

  • Unauthorised access;
  • Theft;
  • Misuse; 
  • Interference;
  • Loss; 
  • Modification; and
  • Disclosure. 

As a business owner it is crucial to comply with the Australian Privacy Principles as the standards uphold the handling, usage and management of information. Further, the principles outline how to manage the collection and storage of personal information, your business’s governance, the integrity of personal information and the rights of people accessing their own personal information. 

Essential legal documents

There are a range of online legal documents that a business should execute in order to protect themselves from risk. A number of issues can emerge if these documents are improperly implemented. 

1. Privacy Policy

More often than not, your business will collect and store personal information. For example, suppliers and consumers are likely to be submitting information to you through purchasing or conducting a service. These people expect you to uphold their privacy and provide trust. Types of information can include names, addresses, email, phone, date of birth, relationship status, preferences, opinions and, depending on the services you provide, even their own business interests. 

A Privacy Policy clearly identifies and sets out the way your business collects and stores this information. This policy should endeavour to set out why you collect their information, how you store their information, what you do with it and whether you will be required to disclose certain information to third parties. Click here for our Privacy Policy Template.

2. Terms and Conditions

The Terms and Conditions set out the terms on which people engage with your business and website, generally when purchasing goods or services. This document is required to be readily accessible, easy to understand and clearly set out the parties intention. Briefly, the document sets out the rules and obligations for any user of your site, which can be further acknowledged by using a clickwrap or a ticked box. Some examples of important clauses are a disclaimer, guarantees, dispute resolution, limitations and conditions of use. 

3. Terms of Use

Terms of Use are important as they relate to anyone who visits or interacts with your business or website. Therefore, you must recognise that not everyone who visits your website will be a paying customer or purchasing a service, and those who aren’t must still have obligations in place. This is crucial if you wish to protect your business ideas and information. 

If you are concerned about your business’ possible compliance issues or liabilities, you should seek legal advice. Legal Kitz employment specialists can assist you with implementing best practice methods to ensure that your business remains compliant with any new or amended wage theft legislation and regulations. 

Click here to book a FREE consultation with one of our highly experienced solicitors today or contact us at info@legalkitz.com.au or by calling 1300 988 954. 

The above information has been collected from relevant government websites and is subject to change. For the latest information regarding new or amended legislation, please refer to state and federal government websites.

References and embedded links

https://legalvision.com.au/legal-documents-online-marketplace/

https://legalvision.com.au/from-disruption-to-documentation-3-online-documents-your-website-or-mobile-app-needs/

https://lawpath.com.au/blog/protect-your-online-business-with-legal-documents

https://www.countfire.com/blog/online-security-for-electrical-estimators/

https://www.oaic.gov.au/privacy/australian-privacy-principles/

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