Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Going digital isn’t a “nice to have” anymore - it’s how small businesses in Australia win customers, streamline costs and scale with confidence.
That’s why the Federal Government introduced the Small Business Technology Investment Boost - a time‑limited tax incentive that rewarded eligible small businesses for investing in digital operations and tools.
Even though the claiming period has ended, the opportunity is still clear. When you pair your tech spend with the right legal and compliance foundations, you turn a one‑off upgrade into a long‑term competitive edge.
In this guide, we’ll recap what the Technology Investment Boost covered (including key eligibility nuances), and - more importantly - how to turn your technology investment into a durable digital advantage through strong contracts, privacy compliance and IP protection.
What Is The Technology Investment Boost And Who Qualified?
The Small Business Technology Investment Boost was a bonus tax deduction for eligible small businesses - those with aggregated annual turnover under $50 million - that invested in digital operations and technology.
It applied to eligible expenditure incurred between 29 March 2022 and 30 June 2023, with a cap of $100,000 in eligible expenditure per income year. In practice, this meant a 20% bonus deduction on top of the ordinary deduction for eligible digital costs.
A critical nuance many businesses missed: for depreciating assets (like certain hardware), the asset generally needed to be first used or installed ready for use by 30 June 2023 to attract the bonus deduction. For non‑asset expenses (e.g. software subscriptions), the cost typically needed to be incurred within the eligible period. How these rules applied depended on your specific circumstances and ordinary tax provisions.
Important note: The measure has now closed. You can no longer incur new eligible expenditure for the Boost, but you may still be finalising claims in your tax return for that period.
Tax advice disclaimer: We’re lawyers focused on commercial and technology law. This article is general information - not tax advice. Always confirm your eligibility and claiming position with your tax adviser or accountant.
What Expenses Counted As “Technology” - And What Didn’t?
The Boost targeted spending that genuinely upgraded a business’s digital capability - not every cost under the sun. While you should confirm your specific position with your tax professional, here’s a practical overview.
Common Eligible Digital Investments
- Cloud software and SaaS subscriptions (accounting, CRM, inventory, e‑commerce, project management, marketing automation).
- Cyber security measures (multi‑factor authentication, endpoint protection, backups, security monitoring, staff cyber awareness tools).
- Digital enablement hardware (network equipment, payment terminals, routers, modems). Asset treatment followed ordinary tax rules, and for the bonus to apply, assets typically needed to be first used or installed ready for use by 30 June 2023.
- Website development and e‑commerce setup (including integrations, plug‑ins and payment gateways).
- Workflow automation, data analytics and API integrations that digitise or streamline business processes.
Common Non‑Eligible Items
- Capital works and fit‑outs that aren’t part of your digital enablement.
- Financing costs and purely private or non‑business use expenses.
- Spending that isn’t connected to digitising your operations or improving digital capability.
Even though the Boost window has closed, the strategic question remains: how do you make every dollar of tech spend work harder and safer for your business? The answer is to lift your legal foundations alongside your technology.
Turn Your Tech Spend Into Lasting Value: The Legal Foundations
Digital tools deliver their full value when the legal and compliance pieces are in place. Here are the core areas to get right with any technology rollout.
1) Privacy And Data Compliance
If your upgrades mean collecting or using more personal information, you’ll need a clear, compliant Privacy Policy that explains what you collect, why, and how you store and share it. This supports your obligations under the Privacy Act and helps build customer trust.
As your data footprint grows, it’s also smart to formalise internal security expectations. Many teams adopt an Information Security Policy so staff consistently manage passwords, devices and access permissions across apps and cloud systems, and implement a tested Data Breach Response Plan to guide your response if something goes wrong.
2) Contracts With Your Tech Vendors
When you adopt new platforms or integrate APIs, your risk profile changes. Make sure your vendor terms are workable and balanced - or negotiate them.
- Service Level Agreement (SLA): Set uptime, response times, maintenance and credits or remedies if performance dips.
- Data Processing Agreement (DPA): Clarify privacy, security, sub‑processors and cross‑border transfers when a provider handles your personal information.
- Non‑Disclosure Agreement (NDA): Protect your confidential information during demos, trials and integration planning.
These contracts set expectations, reduce ambiguity and give you practical remedies if something fails - crucial when your operations depend on the system performing.
3) Website And E‑Commerce Compliance
If you’ve added a new website or online store, publish clear customer‑facing terms that reflect your model and align with the Australian Consumer Law (ACL). Your Website Terms and Conditions should cover acceptable use, IP ownership, disclaimers and liability limits. Make sure your pricing, delivery and refund information is accurate and easy to find.
4) Intellectual Property (Protect The Brand You’re Building)
Digital upgrades often come with a refreshed brand, new content and custom assets. To protect that investment, consider registering your brand name or logo early via Register Your Trade Mark. If you’re engaging contractors for content, development or design, ensure your contracts assign IP to your business so you own what you’ve paid for.
5) Team Policies For New Tools
Rolling out collaboration platforms, AI tools or remote work systems? Set clear rules for access, responsible use and security. Simple measures - role‑based access, onboarding/offboarding checklists and minimum password standards - significantly reduce human‑error risk.
Step‑By‑Step Plan For Your Next Digital Upgrade
Use this practical roadmap for your next project. You don’t need to do everything at once - prioritise the steps that matter most to your business.
Step 1: Define The Outcome
Choose one or two goals that really move the needle: faster sales cycles, fewer manual tasks, better customer experience or clearer reporting. This filters out “nice to have” features and focuses your buying decision.
Step 2: Map The Data Flows
List the personal information you’ll collect (names, emails, payment details), who processes it (internal teams and third‑party providers), and where it’s stored. This mapping informs your Privacy Policy updates, DPA needs and security controls.
Step 3: Select Vendors And Negotiate Essentials
Shortlist platforms, compare features and total cost of ownership, then review the proposed contract. Focus on uptime commitments, support response times, data portability on exit, termination rights and liability caps. Where a system is mission‑critical, request an SLA or tailored terms rather than accepting boilerplate small‑print.
Step 4: Put Customer‑Facing Terms In Place
Update your website with clear Website Terms and Conditions and a compliant Privacy Policy. If you sell online, make sure your checkout process discloses pricing, delivery timeframes, refunds and consumer guarantees in a straightforward way.
Step 5: Set Internal Rules And Train Your Team
Adopt core policies such as an Information Security Policy and a simple privacy collection process. Train staff on password hygiene, phishing risks and incident escalation. People and process are as important as software.
Step 6: Test, Launch And Monitor
Soft‑launch to a limited group, stress‑test integrations, verify backups and access controls, then go live. Monitor performance and customer feedback, and diarise regular reviews against your SLA and security standards.
Your Tech Contracts Checklist (Before You Sign)
Before you lock in a platform or custom build, run through this quick checklist to avoid surprises:
- Scope And Deliverables: Is the scope clearly defined? For custom work, specify milestones, acceptance criteria and sign‑off steps.
- Service Levels: What uptime, support hours and response times apply - and what credits or remedies kick in if they’re missed?
- Data Ownership And Portability: Who owns inputs and outputs? How do you export your data on exit, and in what format and timeframe?
- Security And Privacy: Are minimum security standards documented? Do you have a DPA covering sub‑processors and cross‑border transfers?
- IP Ownership: If there’s development work, do you receive an assignment or licence that fits your commercial needs?
- Liability And Indemnities: Are caps and exclusions fair given the impact downtime would have on your operations?
- Change Control: How are scope changes agreed, documented and priced?
- Exit And Transition: What happens at the end of the term or on early termination? Is transition support included (and at what rate)?
If a clause doesn’t align with your risk appetite, ask for amendments. Vendors often have alternative wording ready when you raise targeted, reasonable requests.
Key Takeaways
- The Technology Investment Boost offered a 20% bonus deduction on eligible digital spending between 29 March 2022 and 30 June 2023; for depreciating assets, the item generally needed to be first used or installed ready for use by 30 June 2023.
- Even though the window has closed, you can still turn past and future tech spending into a durable advantage by pairing it with privacy compliance, balanced vendor contracts, clear customer terms and strong IP protection.
- Prioritise SLAs, data portability, security standards, fair liability caps and practical exit rights in your technology contracts.
- Publish clear Website Terms and Conditions and a compliant Privacy Policy to reduce risk and build trust as you grow online.
- Adopt internal security policies, train your team and monitor vendor performance - people and processes make your tech investment stick.
- For tax eligibility and claiming, speak with your accountant; for contracts, privacy and IP, legal advice early can help you negotiate better terms and avoid hidden risks.
If you’d like a consultation on making your technology investment legally sound and future‑proof, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.







