McCullough Robertson advised Telstra, Australia’s largest telecommunications provider, on its automated home solution, providing a cloud-based ecosystem of connected devices spanning electricity monitoring, smart-appliances, security and CCTV recording and monitoring. The project is ground-breaking for an Australian telecommunications provider, and posed numerous commercial, technical and regulatory issues.

Our role encompassed advising on all areas of the project, including the development, commercialisation and launch of the automated home solution. This included:

• • conducting negotiations with the central cloud-based software platform provider (which, being based overseas, posed unique privacy issues)
  • conducting parallel vendor negotiations with the suppliers of various peripherals (appliances, sensors, cameras etc.) that form part of the product ecosystem (including
  • managing the complex issue of maintaining compatibility with the core software platform through the life of the product offering)
  • providing complex regulatory advice applying novel technologies to the telecommunications regulatory landscape (including in relation to interception and data retention issues, and State-based surveillance legislation)
  • preparing customer terms on which the product would be sold (including complex back-to-back contracting arrangements to reflect the relevant vendor terms for each product)
  • providing advice on the application of Australian Consumer Law to third party product warranties, and
  • reviewing customer collateral and advertising material for compliance with the Competition and Consumer Act.

We are one of a handful of firms appointed to Telstra’s legal panel and advise on a range of commercial, competition, regulatory and technology matters.

To find out more, contact Alex Hutchens.