If you’re running a technology or software development business, you need to ensure you meet all the legal requirements. Our legal team specialises in helping small tech businesses with their legal needs, from privacy compliance to intellectual property protection. Contact us today to learn more!
To set up a technology or software development company 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).
- Protecting your intellectual property (e.g. patents, trademarks).
- Complying with data protection and privacy policies and procedures.
Your IP is often the key to your business' success. In a software or technology business, it's important to keep your IP secure. To effectively protect your creative works, you'll need to understand the type of IP you intend to keep secure and the specific process required.
Copyright protection applies automatically to creative, original works in Australia (however, you may still wish to display copyright disclaimers for clarity!).
For further legal protection, you can also register a trade mark with IP Australia. This lists your IP on an online register and prevents other people from using it - so it's officially and legally yours.
There is also the option to patent your IP, but there is a very specific criteria for doing so. Our IP lawyers can guide you through your options.
As a business, one of your key priorities is ensuring you're compliant with the Privacy Act 1988 and the Australian Privacy Principles. This often involves having a strong Privacy Policy in place that is drafted to your business' specific requirements.
Generally, a Privacy Policy will let users know how you intend to collect, store and distribute their personal information.
To further protect customer data, it's advised that you have a strong cyber security system in place. While this will look different for every business, generally it should involve having NDAs, confidentiality clauses, two-factor authentication and Non-Compete clauses in your contracts.
