Doing Business Online: The Latest Trends and the Legal Risks, Bond University, 9 August 2011. Many businesses have turned to the Internet and smart phones as platforms to do business. A panel of expert speakers will present information on the latest trends and marketing techniques being used to increase business profits. However, despite the massive opportunity that e-business provides, business owners must be careful to ensure that they are not inadvertently exposing themselves to legal risk due to their online business practices.

1. Doing Business Online: The Latest Trends and the Legal Risks

4. The Legal Risks of Doing Business Online, presented by Jamie White, Pod Legal.

7. Internet Law

8. Technology Law

9. Privacy Law

10. Franchising Law

12. Stay at the forefront of our industry.

13. Transparency: we charge on a fixed-fee basis, deliver value for money solutions and stick to our word, no matter what.We call this the ‘Pod Experience’

14. Google + and your business Another Social network? How will this help my business?

15. Disclaimer I do not work for Google or have an affiliation with Google, I just havean interest for all things Google! The views expressed are of my own.

16. Overview What is Google Plus Circles Sparks Hangouts Media My Brand on Google + Google +1 Search Privacy Issue Questions – if we have time

17. What is Google+ Video Credit: http://www.youtube.com/user/epipheo

18. Circles On Facebook everyone is your friend On Google plus you can segment yourfriends, family, work mates, and more.

19. Hangouts Video chat right in your browser withup to 10 friends for free.

20. Sparks Collects your interests together, like twitters saved search feature (a little)

21. Huddle Way, super easy group messagingfrom your mobile phone or Google Plus.

22. Media Google Plus can connect directly toyour Picasa account, upload directly from mobile

23. My Brand on Google Plus Why should I bother Rapid uptake Rewind to 2007 and think about the Myspace andFacebook debate The gradual introduction and integration of Googles other applications Search – its what Google does best Customisable purpose made and planed brand pages for businesses Trackable – Adwords and Analytics

24. Google Plus Growth 25 Million Active Users Google + 1 month and few days. 22 months for Myspace 33 months for Twitter 37 months for Facebook.

25. Like vs +1 +1 is displayed in searches on Google Facebooks are not

26. Google +1 and Search Video Credit: http://youtube.com/google

27. Google Plus and Search With correctly a setup website you couldget your profile appearing next to your search results Google users micro formats speak to your developer or me ;) (schema.org)

28. Google Plus Privacy Issue If you share something with a privatecircle they could re-share it to the publiclike a tweet. Google hassince implem-ented a fix

29. The Other Privacy Issue Are you prepared to give up all your data and information to Google. Search Data Personal Data Photos Video Thoughts Site Usage Emails

30. How do I get on Well you cant unless you are invited. Currently in a “closed”beta DO NOT LIST YOUR BUSINESS…YET Business brand pages are coming later this year.Imagine the power of Google places, Google local and a few other business apps from Google in one environment.

31. FaceSpace Image Credit: http://theoatmeal.com/facespace

32. Contact Details Adam Stead adam@hive.net.au07 5657 3653 Great sources of information Mashable.com Webpronews.com

48. The Seven Most Commonly Made Mistakes When Doing Business Online

49. Tonight’s Content The seven most commonly made mistakeswhen doing business online. Some practical solutions. Some usefulresources.

50. The Facts 39 per cent of businesses now have an online presence. Tendency to overlook legal issues in the online environment. Failure to comply with changing legal rules could be fatal to your business.

51. Mistake 1: Copyright Infringement

52. Mistake 1: Copyright infringement What is copyright? Copyright protects original expressions of ideas and not the ideas themselves. What is copyright infringement? Copyright infringement takes place where another party does an act which infringes the exclusive rights of a copyright owner.

53. Mistake 1: Copyright infringement Examplesof copyright infringement: Unauthorised reproduction of text and images. Unauthorised reproduction of website legal documents! Solution: Use your own material or obtain a licence to use another person’s material.

54. Mistake 2: Trade Mark Infringement

55. Mistake 2: Trade Marks What is a trade mark? Sign, shape, symbol, label, letter, word, slogan, scent, sound, colour, aspect of packaging or a combination of any of these. What is trade mark infringement? Where a person uses a trade mark that is substantially identical with, or deceptively similar to, a trade mark owned by another person.

56. Mistake 2: Trade Marks Examples of trade mark infringement: Unauthorised display of third party logos. Unauthorised use of a trade mark in a domain name or Google Adwords campaign. Solution: Obtain consent to use a third party trade mark. eBook: http://www.podlegal.com.au/downloads/ebook-trademarks.pdf

57. Mistake 3: Deceptive Trade Practices

58. Mistake 3: Deceptive Trade Practices Consumer protection laws such as the Competition and Consumer Act. Examples of deceptive trade practices: False testimonials. Leading consumers to believe that an association or affiliation with another trader exists when it doesn’t. Solution: Don’t mislead or deceive!

59. Mistake 4: Breach of Privacy

60. Mistake 4: Breach of Privacy When collecting information about a person, that person has a right to know: that the information is being collected; how the information will be stored; how the information will be used; and under what circumstances the information may be disclosed.

61. Mistake 4: Breach of Privacy Solution: Prepare and implement a Privacy Policy that is specific to your business practices. Article: http://www.podlegal.com.au/article-importance-of-privacy-strategy.php

62. Mistake 5: Use of a Competitor’s Trade Mark in your Google AdWords Campaign.

63. Mistake 5: Google AdWords What are Google AdWords? It’s a form of pay per click (PPC) advertising. Using a competitor’s trade mark in your Google AdWords campaign may amount to: misleading or deceptive conduct; trade mark infringement; and/or passing off.

64. Mistake 5: Google AdWords Solution: Do not use a competitor’s trade mark in your pay per click advertising campaigns. Article: http://www.podlegal.com.au/article-tm-google-adwords.php

65. Mistake 6: Violation of Spam Laws

66. Mistake 6: Violation of Spam Laws What is spam? An electronic message that contains an invitation to do business and that has been sent without the consent of a recipient. Big penalties apply: $5.5m in 2006 (213m emails) Use of address harvesting software and no recipient consent. $15m in 2009 (re SMS) No recipient consent.

67. Mistake 6: Violation of Spam Laws How to comply with the Spam Act: Obtain recipient consent prior to sending; Identify your business as the sender; and Provide a functional unsubscribe facility. Solution: Comply with the Spam Act and display a Spam Statement on your website. Article: http://www.podlegal.com.au/article-spam.php

68. Mistake 7: Overlooking Legal Aspects of Social Media

69. Mistake 7: Social Media Social media is just another medium for publishing information and communications. Legal rules also apply to conduct relating to social media. Examples of the hidden costs of social media: Online defamation via Facebook (comments about a Policeman resulted in fines). Journalist’s employment terminated for offensive tweets during Logies (re Bindy Irwin).

70. Mistake 7: Social Media Solution: Don’t overlook legal issues associated with social media. Articles: http://www.podlegal.com.au/article-social-media-twits.php http://www.podlegal.com.au/article-defamation-online.php http://www.podlegal.com.au/article-facebook-promotions.php

71. Overall Solutions Assess and modify your conduct (if required). Display legal documentation: Terms of Use (website and Facebook page) Privacy Policy Spam Statement Purchase / Shipping Terms Refund / Cancellation Policy Upload Terms

72. Overall Solutions The benefits of legal documentation: Those engaging with you to do business online are made aware of laws and policy regarding your website and/or Facebook page. Disputes resolved efficiently and favourably. Liability associated with your website and/or Facebook page will be limited.

74. Take Action Now Article: http://www.podlegal.com.au/article-online-business-risk.php eBook: http://www.podlegal.com.au/downloads/ebook-your-website.pdf

75. Contact Details Email: jamie@podlegal.com.au Phone: 1800 POD LEGAL (1800 763 534) Mobile: 0404 019 400 Web: podlegal.com.au Slides: slideshare.net/podlegal Facebook: facebook.com/podlegal Twitter: twitter.com/podlegal