ACCC’s Regulations

The Australian Competition and Consumer Commission (ACCC) is responsible for enforcing competition and consumer protection laws in Australia. As of my last update in October 2023, there have been several important developments and changes in ACCC’s regulations, actions, and focus areas. Here’s a general overview of the latest changes:            Digital Markets and Online Platforms

ACCC’s Role in Enforcing Terms and Conditions

ACCC’s Role in Enforcing Terms and Conditions The ACCC has the power to investigate and take action if it believes a term is unfair. The following outlines the ACCC’s role: Recent Developments In recent years, the ACCC has taken a more aggressive stance on unfair terms, particularly in the areas of telecommunications, energy, and retail. […]

Examples of Unfair Contract Terms:

Examples of Unfair Contract Terms: The ACCC has identified several types of contract terms that are commonly found to be unfair. These include: Legal Framework for Terms The Australian Consumer Law (ACL), under the Competition and Consumer Act 2010 (CCA), provides that: Key Legislation and Amendments:

Why Keep Updated?

Why Keep Updated? Updating website terms and conditions is important to ensure they remain relevant, legally compliant, and reflective of your current business practices. Here are some key reasons to update your website terms: 1. Legal Compliance 2. New Features or Services 3. Evolving Business Practices 4. User Behavior and Expectations 5. Limiting Liability 6. […]

What Are Unfair Contract Terms?

Unfair contract terms are clauses in websites standard form contracts (where one party sets the terms and the other party has little or no ability to negotiate). Does this sound like your website terms? If so now is the time for a check-up. The main things to avoid are to ensure they do not: For […]

Changes in Penalties for Non-Compliance

Focus on Small Businesses The Australian Competition and Consumer Commission (ACCC) has a key role in regulating unfair contract terms to ensure that consumers and small businesses are not taken advantage of by larger, more powerful entities. An unfair contract term is one that creates an imbalance between the rights and obligations of the parties, […]