Do software and SaaS need to comply with online safety industry codes (Phase 1 + 2)?
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 online safety industry codes (Phase 1 + 2). The Online Safety Codes and Standards, registered or determined under the industry codes and standards provisions (ss 140-150) of the Online Safety Act 2021 and enforced by the eSafety Commissioner, were developed in two phases. The Unlawful Material Codes and Standards (six codes and two standards) deal with class 1A and 1B material such as child sexual exploitation and pro-terror material.
Trigger: Providing an online service or equipment in an industry section covered by a registered code or a determined standard.
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 online safety industry codes (Phase 1 + 2)" 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.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Yes | Yes | Yes | Yes | Yes | Yes |
| Partnership | Yes | Yes | Yes | Yes | Yes | Yes |
| Trust | Yes | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | Yes | Yes | Yes | Yes | Yes | Yes |
| Public company | Yes | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | Yes | Yes | Yes | Yes | Yes | Yes |
| Registered charity | Yes | Yes | Yes | Yes | Yes | Yes |
| Super fund | Yes | Yes | Yes | Yes | Yes | Yes |
| Foreign company | Yes | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- Continuously from each instrument's commencement (Age-Restricted Material Codes: 27 December 2025 for hosting, carriage and search; 9 March 2026 for the other six sections), with compliance reporting and communication with eSafety as each code or standard specifies.
- Evidence to keep
- Assessment of which industry sections and which code or standard apply to each service; documented compliance measures for class 1A, 1B, 1C and class 2 material; compliance reports provided to eSafety; records of responses to eSafety directions and formal warnings.
- Maximum penalty
- Failing to comply with an eSafety direction to comply with a registered industry code (s 143(2)), or failing to comply with an industry standard (s 146(1)), carries a civil penalty of up to 30,000 penalty units, $10.92M, enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 (Online Safety Act 2021 s 162). eSafety can also issue formal warnings for code or standard breaches (ss 144, 147)
- Regulator
- eSafety
- Jurisdiction
- Commonwealth (national)
Other obligations where software & saas differ from the norm
Questions
- Do software and SaaS need to comply with online safety industry codes (Phase 1 + 2)?
- 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.