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Does the Privacy Act apply to my startup's web scraping?

Web scraping personal information must comply with the Privacy Act 1988 (Cth) unless an exemption applies. While a small business exemption currently exists for entities with a turnover under $3 million, startups that ’trade in personal information’ lose this exemption entirely. Furthermore, scraping copyrighted data to train AI models without a licence may constitute infringement under the Copyright Act 1968 (Cth), as Australia lacks a broad fair use exception for text and data mining.

Need legal advice for your Queensland startup? Every startup is different and general information is no substitute for advice tailored to your specific business, software architecture, and industry.

Contact our business law team for a confidential consultation. Call (07) 5532 8777.

Read our Complete Startup Legal Guide for Queensland

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