Information technology law offers the necessary legal structure and framework for storing, collecting, and distributing technology information in the international marketplace. An IT or a copyright lawyer Australia working in this field is often charged with the task of representing businesses and individuals from different sectors. Such lawyers also aid to structure or rather set up information technology and IP transactions in a manner that can maximize a client’s economic gains whilst adhering to the set statutes.
Essential aspects of technology law
Data privacy and security
A huge portion of the litigation cases that occur in the information technology sector are the result of institutions failing to maintain customer and employee information secure. The fact that data is nowadays primarily stored in a digital format, certain sensitive information is prone to theft on a level that was once thought unimaginable. Cyber criminals and in particular hackers frequently target financial institutions, businesses, and e-commerce sites gaining access to huge amounts of customer data all at once. Such a scenario has led to various legal claims, ranging from class action consumer suits to government enforcement actions.
Businesses that have a substantial online presence need to act proactively to prevent these sorts of problems. A good information technology is typically the best remedy for such cases.
Software licensing concerns
In most cases, a business will update or even change their operating software in order to keep up with technological changes in the market. Even though switching or installing new software programs can amount to greater profit margins, such a move usually comes with a number of legal requirements that naïve business managers can fail to adhere to. For instance, a standard software licensing agreement will contain elements related to installation, troubleshooting, performance warranty, user training, liability, infringement disclaimers, indemnification, payment terms, and so many others.
Despite of the depth and complexity of these contracts, there are certain software company sales representatives who wait to offer a copy until the deal is almost closed. As a business manager you should at all costs avoid signing a software licensing agreement that you do not understand or know its full effects.
Electronic signature laws
One of the other growing areas of concern when it comes to information technology law is electronic signatures. Just like with digital storage, the aspect of electronic signature software has the ability to dramatically simplify operations for business institutions that are willing to embrace this sort of new technology. However, despite its huge advantage, managers have to take care so as to avoid compromising sensitive clientele data or even violating government regulations for that matter.
In regards to electronic signature laws, company owners should at the minimum be aware of two laws, which are:
UETA (Uniform Electronic Transactions Act)
ESIGN (Electronic Signatures in Global and National Commerce Act)
Almost every state has taken up UETA in one form or another, whereas ESIGN sailed through at the federal level. These laws combined provide room for companies to substitute traditional paper signature documents with more manageable electronic forms.
If your company happens to conduct any sort of transactions online, then you should be aware that information technology laws do indeed affect you in one way or another, whether you know it or not. Therefore, it is essential that you establish if your current practices could be potentially exposing you to certain liabilities.