Public/Products Liability for IT Professionals

Internet-related professional exposures for Information Technology (Internet) Professionals arise from services provided to clients such as web site development, but can also arise from damage a professional can cause to a client's systems resources. This latter exposure includes virus transmission and loss of data. In addition, professional exposures can extend beyond traditional economic loss to contingent bodily injury or property damage for some professionals.

Media exposures arise from intellectual property, defamation and invasion of privacy claims. The intellectual property exposures, such as copyright or trademark infringement, are an unpredictable and rapidly evolving area because the law as it applies to the Internet is not clearly defined. For example, no clear definition has been established for standards of copyright infringement. Does a link from another site to your content infringe on your copyrights? The litigation involving Internet-based music sharing is delving into this new territory.

Security breaches are another area of significant exposure for companies involved with the Internet. The introduction of viruses and unauthorized access are well known examples. Theft of data and extortion are less publicized but equally important exposure areas. Recently, privacy issues related to e-commerce initiatives have gained national prominence, and employee actions have become a significant source of security breaches.  

Latest News

Illegal or unsuitable cladding now a big issue

Why we have laws, regulations and Australian standards? Because some people just do the wrong thing all for the sake of making money. The cladding issue is the subject of 4 Corners program on the ABC.

We are already seeing Insurance policies now placing exclusion endorsements into their policies excluding and claims relating to illegal cladding. We are seeing Governments demanding Audits of all existing buildings above a certain height. There are accusations of Builders taking other short cuts such as on Wiring, Pipes and sprinkler systems. 

The question is, who is to blame? Who will take responsibility?

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Small business in NSW

Right after the NSW Government have reimposed Fire Service Levies, they have at least made an effort for small business. The government has announced it will abolish stamp duty on a number of policies taken out by a small business. This is an important change.

What is a small business? In order to gain the exemptions, the business must be a small business for Capital Gains Tax Purposes for the income year in which the insurance is effected or renewed. A small business for CGT purposes is: “an individual, partnership, company or trust that is carrying on a business, and has an aggregated turnover of less than $2 million.”

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