When establishing or running a marketing business in Australia, it’s important to ensure you’ve met all the legal requirements. Our legal team specialises in helping small marketing businesses with all their legal needs, from contracts to intellectual property protection and privacy. Get in touch today!
To establish a marketing business in Australia, you will need to prepare and register a variety of legal documents. Key requirements include:
- Registering your business name with the Australian Securities and Investments Commission (ASIC).
- Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
- Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
- Having Health and safety policies and procedures in place.
- Complying with privacy and data protection policies and procedures.
- Obtaining an Australian Business Number (ABN) and registering for Goods and Services Tax (GST).
- Getting a Privacy Policy that is in line with the Privacy Act 1988 and the Australian Privacy Principles.
Generally, as a business providing marketing services, you will need to have a Service Agreement that is tailored to your business' requirements.
The agreement should set out the scope of your marketing services, IP ownership, termination rights, payment terms and limitation of liability. These matters will differ across businesses, so it's wise to get legal help to ensure you're receiving adequate legal protection.
It will also help ensure that both you and your clients are on the same page about the specific services you're providing and how everything will work.
Several laws apply to your marketing business, such as the Privacy Act 1988. If you're collecting personal information from users and customers, you are legally required to have a Privacy Policy in place that discloses how you intend to collect, store and distribute this data.
Furthermore, your representations to customers are regulated by the Australian Consumer Law. The ACL is designed to protect consumers from unfair business practices, such as misleading and deceptive conduct. As such, you want to make sure what you're saying about your marketing services is accurate and does not deceive the consumer.
There are other laws that could apply, such as the Corporations Act 2001 (which regulates how you register your company) and the Fair Work Act (which regulates your legal obligations to employees). Get in touch with our team to learn more.
