Hamish
Do you need any certificates or anything to sell personally made software in Australia
I am part of a group of people and we are looking to start a business in computer hardware retail. We have recently decided that some programs we have made for our own purposes would most likely be usful for lots of other people, so we wanted to know if we are able to sell this software as it is properly made and we have tried it out on multiple computers and have fixed all the bugs we have found, so do we need to have any sort of certificates or have to complete certain courses before we can sell our software?
Thanks, Hamish #software #selling
3 answers
Duncan Taylor
Duncan’s Answer
1. No Special Certificates Needed
You don't need any special certificates to create and sell your software in Australia. Many developers do it without any certifications.
2. Register Your Business
Even if you're working alone, you need to register your business. Choose a structure like a sole trader or company and get an ABN. Check for any licenses you might need using the ABLIS portal.
3. Legal Protections and Compliance
- Intellectual Property: Your software is automatically protected by copyright. If you have co-developers, make sure you have written agreements about ownership.
- Consumer Law: Ensure your software meets quality and performance standards under Australian Consumer Law.
- Privacy and Security: If you handle personal data, you must comply with privacy laws and possibly the Notifiable Data Breaches Scheme. Some industries have specific rules.
4. Contracts and Licensing
Create a clear End-User License Agreement (EULA) that explains user rights, liability, and support. Consider trademarking your software name or brand.
5. Taxation and Reporting
Register for GST if your earnings exceed AUD 75,000 per year. Keep accurate financial records and file tax returns as needed.
### Key Points
- Certifications: Not needed for selling your software.
- Business Registration: Required.
- Licenses and Permits: Check based on your activities and location.
- Intellectual Property: Automatically protected; agreements needed for co-development.
- Consumer Law: Meet quality and performance standards.
- Privacy and Security: Comply with laws if handling personal data.
- Contracts and EULAs: Highly recommended.
- Tax Obligations: GST registration if earnings are over AUD 75k.
### Bottom Line
You don't need special certifications to sell software in Australia, but you do need to:
- Register your business and get an ABN
- Check for necessary licenses
- Protect your intellectual property
- Follow consumer, privacy, and tax laws
If you're unsure about any legal requirements, consider talking to a business advisor or lawyer who specializes in software. Let me know if you need help with a basic EULA or figuring out which licenses you need!
Jared Chung
Jared’s Answer
Hi Hamish. I'm a founder at CareerVillage and wanted to get back to you on this question. I don't think you're going to get an answer here. We've got professionals here who are ready to give you advice about preparing for a career. Your question is more technical. It's not really about getting ready for careers. So you're going to need to ask some folks who are more familiar with the specific issue you're asking about. Two suggestions there: (1) you could ask software developers on sites like stackoverflow.com. (2) you could contact lawyers or software developers in Australia at conferences, websites, or local meetups. I can't help you with that, and you should be careful when reaching out to anyone. Most importantly, it sounds like you're asking a legal question, so getting advice from a lawyer might be a good idea. Lastly, I'll cheat and tell you that in the United States, where CareerVillage is based, people often sell software without certificates or courses. Good luck.
Thanks for your help, i will try asking in other forums and maybe a lawyer
Hamish
Najeeb A. Hossain
Najeeb’s Answer
Depending on what your software solves for/how customers may use it...you may find that companies/prospects will adhere to specific security requirements (such as SOC2) and/or adhere country or industry based compliance. Some examples of this could be GDPR (in Europe) or, financial service companies (like banks, private equity) have to be in compliance with the SEC in the US (FINRA compliance).