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Rules Mate

Do software and SaaS need to comply with Basic Online Safety Expectations + industry codes?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Yes

Yes. This obligation applies to software and SaaS whatever their structure or size. The deciding fact: Industry: Software & SaaS.

The obligation in brief

Comply with Basic Online Safety Expectations + industry codes. Under section 45 of the Online Safety Act 2021 the Minister determines Basic Online Safety Expectations for social media services, relevant electronic services and designated internet services. They expect providers to take reasonable steps so that all Australian end-users can use the service safely, children's best interests are a primary consideration, features such as encrypted services, anonymous accounts, generative AI and recommender systems can be used safely, unlawful and harmful material is minimised, users can report and complain, and terms of use are enforced.

Trigger: Providing a covered service to Australian end-users; a legal duty arises when eSafety gives the provider a periodic or non-periodic reporting notice or makes a reporting determination covering its class of service.

Why software & saas get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Comply with Basic Online Safety Expectations + industry codes" is no. Software & SaaS is one of the 3 where the answer is different: yes.

The deciding fact for software and SaaS: Industry: Software & SaaS.

About the industry: Tech companies — captured by Privacy Act, Online Safety Act, AI Voluntary Standard, and SOCI if critical-infrastructure-aligned.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Software & SaaS / Telecommunications carriers / CSPs / Media & publishing).

Answer by business structure and size

Each cell is the engine's outcome for a business in software & saas with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Comply with Basic Online Safety Expectations + industry codes": outcome for software and SaaS by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderYesYesYesYesYesYes
PartnershipYesYesYesYesYesYes
TrustYesYesYesYesYesYes
Pty Ltd companyYesYesYesYesYesYes
Public companyYesYesYesYesYesYes
Not-for-profit (unregistered)YesYesYesYesYesYes
Registered charityYesYesYesYesYesYes
Super fundYesYesYesYesYesYes
Foreign companyYesYesYesYesYesYes

What the obligation requires

When due
As specified in the notice: periodic reports cover intervals of 6 to 24 months and are due no earlier than 28 days after the end of each interval (s 49(3)-(4)); one-off reports by the date in a non-periodic notice.
Evidence to keep
Responses to eSafety reporting notices; records of the reasonable steps taken against each Expectation and why they are reasonable; safety risk assessments across design, development and deployment; default privacy and safety settings for services used by children; age assurance measures; user reporting and complaints data; published transparency reports.
Maximum penalty
Failing to comply with a periodic or non-periodic reporting notice (or a reporting determination) is a civil penalty contravention: 500 penalty units ($182,000) per contravention (Online Safety Act 2021 ss 50, 53, 57 and 60). eSafety may instead issue a formal warning, and may publish a statement where a provider does not answer an information request
Regulator
See source
Jurisdiction
Commonwealth (national)

Other obligations where software & saas differ from the norm

Questions

Do software and SaaS need to comply with Basic Online Safety Expectations + industry codes?
Yes. This obligation applies to software and SaaS whatever their structure or size. The deciding fact: Industry: Software & SaaS.
Is the answer the same for every industry?
No. For 32 of the 35 industries Rules Mate maps, the answer is no. Software & SaaS is one of 3 industries with a different answer.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.