Category Archives: Perry4Law Techno Legal Base (PTLB)

Legal Formalities Required For Starting E-Commerce Business In India

E-commerce laws and regulations in India are still evolving. This has created a sort of confusion and uncertainty among e-commerce entrepreneurs in India. While some have opened e-commerce outlets through websites others are exploring a more appropriate and legal way of running an e-commerce business in India.

Legal issues of e-commerce in India vary as per different business models. For instance, electronic trading of medical drugs in India requires more stringent e-commerce and legal compliances as compared to other e-commerce activities. Digital communication channels for drugs and healthcare products in India are scrutinised more aggressively than other e-commerce activities. In fact, regulatory and legislative measures to check online pharmacies trading in banned drugs in India are already in pipeline.

Besides there are many legal formalities that are required in order to start a company and e-commerce activity in India. A business can be operated as:

(1) Sole Proprietorship.

(2) Partnership.

(3) Company – Public/Private.

(4) Limited Liability Partnerships (LLP).

Mostly people decide to open a private company to substantiate an e-commerce activity and this article would cover that aspect alone. To incorporate a private limited company you must approve its name, registered office address, have at least 2 directors with director identification numbers (DINs), must have a minimum authorised capital of Rs. 1 Lakh, memorandum of association (MOA) and articles of association (AOA), digital signature certificates (DSCs) wherever applicable, etc. Once these conditions and requirements are fulfilled, a certificate of incorporation is sent by post to the registered office of the newly registered company.

The private limited company is also required to comply with income tax related compliances. These include obtaining permanent account number (PAN), tax deduction account number (TAN), value added tax (VAT) registration and obtaining of tax identification number (TIN), professional tax if applicable, service tax, etc.

In certain cases, compliance with labour laws is also required. For instance, the Shops and Establishment Act is a legislation implemented by various States in India. The Act lays down mutual statutory obligation and rights of employers and employees. Registration of shop/establishment is mandatory within 30 days of commencement of work. Other workmen and labour related legislations cover areas like employees provident fund, employees state insurance, etc.

However, e-commerce in India is also required to be conducted in a legally permissible manner. This is more so when the information technology act 2000 (IT Act 2000) prescribes stringent penal and pecuniary penalties for violation of its provisions during e-commerce transactions.

The e-commerce players must ensure cyber law due diligence in India. This is more so when the cyber law due diligence for companies in India has become very stringent and foreign companies and websites are frequently prosecuted in India for non exercise of cyber due diligence.

The legal requirements for undertaking e-commerce in India also involve compliance with other laws like contract law, Indian penal code, etc. Further, online shopping in India also involves compliance with the banking and financial norms applicable in India. For instance, take the example of PayPal in this regard. If PayPal has to allow online payments receipt and disbursements for its existing or proposed e-commerce activities, it has to take a license from Reserve Bank of India (RBI) in this regard. Further, cyber due diligence for Paypal and other online payment transferors in India is also required to be observed.

Perry4Law and Perry4Law Techno Legal Base (PTLB) wish all the best to all e-commerce players in India and abroad.

National Telecom Policy 2012 Of India By TRAI

National Telecom Policy of India 2011 was suggested in the past and now it has been revised by the Telecom Regulatory Authority of India (TRAI). The proposed National Telecom Policy 2012 of India is an improvement over the Policy suggested in 2011.

Perry4Law and Perry4Law Techno Legal Base (PTLB) provided its techno legal public inputs in this regard and many of them have been endorsed by TRAI.

Some of the suggestions of Perry4Law and PTLB that have been accepted by TRAI pertain to issues like establishing servers in India, establishing cloud computing legal framework in India, establishment of telecom security in India, reconciling privacy rights and law enforcement requirements, reconciling privacy rights and national security requirements, adoption of lawful interception methods, telecom dispute resolution reforms in India, crisis management and emergency response services, delivery of e-services in a time bound manner, digitisation of governmental records, establishing cloud computing best practices in India, encryption and privacy issues of cloud computing, establishing a centralised monitoring system in India, etc.

The following are the core techno legal provisions that have been suggested by TRAI and many of these suggestions have also been provided by Perry4Law and PTLB in the past:

(1) Servers: Ensure that all servers on which sensitive data are hosted are located within the country and ensure that all local content is hosted on servers located within the country.

(2) Cloud Services: To setup an efficient cloud computing environment.

(a) Adopt best practices to address the issues related to cloud services;
(b) Create a secure network for cloud computing covering encryption and privacy;
(c) Create a legal and security frame work covering network security, law enforcement assistance and preservation of cross-border data flows for deployment of Cloud Services;
(d) TRAI to devise appropriate mechanisms to provide interoperability among cloud computing service providers.

(3) Security: To ensure security of the information in the telecom network and monitoring of the information, compliant with the objectives of national security.

(a) Keeping in view individual privacy and in line with international practices, develop and deploy a state of the art system for providing assistance to Law Enforcement Agencies (LEAs);
(b) Mandate and enforce that the Telecom Service Providers take adequate measures to ensure the security of communication in/through their networks by adopting contemporary information security standards;
(c) Create an institutional framework through regulatory measures to ensure that safe-to-connect devices are inducted into the Telecom Networks;
(d) Build national capacity in all areas that impinge on Telecom network security and communication assistance for law enforcement, such as security standards, security testing, interception and monitoring capabilities and manufacturing of critical telecom equipment;
(e) Ensure that all equipments supplied to the telecom service providers are in conformity with the laid down security and safety standards;
(f) Mandate, on consideration of recommendations from TRAI, standards in the areas of functional requirements, safety and security and in all possible building blocks of the communication network i.e. devices, elements, components, physical infrastructure like towers, buildings etc;
(g) Develop a rational criterion for sharing of costs beyond a threshold limit between Government and the service providers in implementing security measures.

(4) Quality of Service: To ensure better quality of experience for telecom consumers.

(a) Quality of Service and consumer interests being under TRAI’s domain, TRAI will appropriately lay down the end-to-end system performance standards, Quality of Service parameters, and measures to Protect consumer interest; (covers all issues of QoS listed in the draft NTP)
(b) TRAI to be given necessary powers including the power to enforce including penalty provisions, to enforce the observance by the service provides of the laid down standards /parameters;
(c) Undertake legislative measures to bring disputes between telecom consumers and service providers within the jurisdiction of Consumer Forums established under Consumer Protection Act.

(5) Emergency Response Services: To enable access to telecommunication services in times of emergency and disasters.

(a) Entrust TRAI, under clause 11 (1) (b) of TRAI Act, with the development of nationwide Unified Emergency Response Mechanism by providing nationwide single access number for emergency services;
(b) To ensure availability of communication to agencies connected with law and order, security and disaster management during calamities and emergencies.

(6) Development of E-Applications: To facilitate the development of e-applications, particularly in Education, Health, Agriculture, Skill development, Small and Medium Enterprises, e-Governance, e-Commerce, e-banking.

(a) Promote an ecosystem for participants in VAS industry value chain to develop applications, particularly to meet the needs of the rural citizens;
(c) Incentivise companies involved largely with the development of e-applications for rural areas and in regional languages;
(c) Put in place an appropriate regulatory framework for delivery of VAS at affordable price so as to fuel growth in entrepreneurship, innovation and provision of region specific content in regional languages;
(d) Encourage development of mobile phones based on open platform standards and leverage the mobile device for enabling secure transactional services including online authentication of identity;
(e) Work with handset manufacturers and international standards bodies to make e-applications interoperable in Indian languages;
(f) Incentivise application developers to provide customized applications suitable for local needs;

(7) Enabling Delivery of E-Services to Rural Areas: To deliver e-services provided by various government agencies to the citizens.

(a) Promote synergies between roll-out of broadband and various Government programs viz. e-governance, e-Panchayat, NMEICT, MNREGA, NKN, AADHAR, AAKASH tablet etc.;
(b) Digitize the content available in the government departments;
(c) Coordinate with State Governments and different Ministries in Government of India such that all procedures are amended, to ensure digital delivery of services, in a definite timeframe;
(d) Coordinate with State Governments and different Ministries in Government of India such that all personnel are trained in a definite timeframe to achieve the desired degree of competence in understanding of the revised procedures and delivery of services;
(e) Equip all the Panchayats and Villages Centres with the requisite Hardware and train the personnel;
(f) Stimulate the demand for e- applications and services by working closely with Department of IT in the promotion of local content creation particularly in regional languages.

(8) Empowering Urban Citizens: To empower citizens in the urban areas through establishment of Fiber networks and deployment of applications required for smart cities and towns.

(a) Provide fiber to home/kerb as an integrated access to meet ICT requirements of urban citizens;
(b) Make regulatory changes to unbundle fiber infrastructure;
(c) Coordinate with State Governments and different Ministries in Government of India such that all procedures for services in urban areas are amended in a definite timeframe to ensure digital delivery of services;
(d) Coordinate with State Governments and different Ministries in Government of India such that all personnel are trained in a definite timeframe to achieve the desired degree of competence in understanding of the revised procedures and delivery of services;
(e) Digitize the content and data available in the government departments, in a definite timeframe;
(f) Provide policy support including standards implementation, for secure communication of information within and between different sectors;
(g) Develop a regulatory framework for Machine to Machine communications;

(9) Innovation and IPR Creation: To promote entrepreneurship, innovation and IPR creation for indigenous product development and its commercialisation.

(a) Develop detailed guidelines for promotion of innovation and IPR creation;
(b) Promote Indian products viz., products having Indian IPR, by stipulating a mandatory market share;
(c) Create a Telecom Research and Development Corporation (TRDC) for setting up of an R&D fund and establishing a Research and Development Park;
(d) Establish a Telecom Research and Development Park for facilitating research, IPR creation and commercialization;
(e) Facilitate access to financial resources on favorable terms and provide fiscal incentives to relevant R&D institutions;
(f) Assist researchers to obtain IPRs for their innovation;
(g) Set up an autonomous Telecommunications Standard Development Organization (TSDO) to develop standards to meet national requirements, to generate IPRs and to participate in international standardization bodies to contribute in formulation of global standards;
(h) Create suitable testing infrastructure to aid in development of new products and services;
(i) Encourage the entrepreneurs to develop and commercialize Indian products by making available requisite funding (pre-venture and venture capital), management and mentoring support.

ICANN’s New Generic Top-Level Domains (GTLDs) Registration: Risks And Benefits Analysis

The allotment of new generic top level domain names (new GTLDs) by Internet Corporation for Assigned Names and Numbers (ICANN) has been recently approved. Now the process of registration of new GTLDs is in full swing. The new GTLDs application process has started from 12 January 2012 and would end on 29th March 2012. As on 12-02-2012, the applicants have 46 more days to apply for new GTLDs.

While the brand and trademark owners can register their brands and trademarks as the GTLDs yet the entire process is not free from troubles and risks. There would be many unforeseen challenges that would crop up before the applicants. Even the filing of a GTLD application would not be an easy task and would require techno legal expertise.

According to ICANN, the new GTLDs promise to expand the domain name system (DNS) and change the Internet forever. However, ICANN warns that the decision to apply for a new GTLD should not be entered into lightly. This is so because applying to run your own GTLD is not the same as registering a second-level domain name. When you apply for a new GTLD you are applying to run a registry business. You will be responsible for a critical and highly visible piece of Internet infrastructure. This would include legal, administrative, financial and management responsibilities to be fulfilled.

The potential benefits of managing GTLDs include entrepreneurship, increased control, ongoing revenue stream, innovative marketing opportunity, innovative business models, internationalised Domain Names (IDNs), engaging your community, bring together your geographic area, etc.

The potential risks and responsibilities include high investments, possible loss of investment in case of non allotment of applied GTLD, compliance with contractual restrictions, staffing, competition, uncharted territory, etc.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly suggest that this is not a complete list of all the risks. Do not rely on this list alone. You should do your own independent research and consult your own technical, business, and legal experts. This list is provided only as general information to get you started.

The introduction of new GTLDs will affect most organisations. Whether or not you decide to apply for a new GTLD, you should still pay attention to the process. In May 2012, once all the applied-for strings have been posted, you will have an opportunity to object to any that you believe would infringe your legal rights. We would cover the Legal Rights Objections under ICANN’s New GTLD scheme separately.

Cyber Security Laws In India

With the growing incidences of cyber attacks against India, cyber security in India has got the attention of Indian government. Cyber security in India is not satisfactory. Whether it is legal framework or practical implementation, cyber security of India is still lagging far behind that other nations.We have no dedicated cyber security laws in India and we urgently need a dedicated cyber

Google And Facebook To Remove Offending Contents Within 15 Days

Companies like Google, Facebook, etc are facing civil and criminal trials in India. In fact, representative of these companies have been asked to personally appear before a criminal court on 13th March 2012. Today a civil court has given 15 more days to companies like Google, Facebook, etc remove objectionable contents form their websites.

The entire issue revolves around Internet intermediaries’ liability in India. Companies like Google, Facebook, etc are Internet intermediaries as per the provisions of Information Technology Act 2000 (IT Act 2000). The IT Act 2000 is the cyber law of India that covers dealings of these companies in cyberspace. If these companies fails to ensure cyber law due diligence in India, they are liable to be prosecuted in India.

Cyber due diligence for companies in India has been ignored for long. However, companies and individuals are now facing legal challenges for ignoring the same. There are certain simple procedures that can be adopted to ensure compliance with Indian laws.

For instance, foreign companies and websites must appoint nodal officers to comply with Indian laws. Similarly, these companies and websites must also formulate an India specific legal strategy to tackle cyber law and intellectual property violation issues more properly.

Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that these companies must ensure compliance with Indian laws in true letter and spirit. The Information Technology (Intermediaries Guidelines) Rules, 2011 of India must be specially taken care of by all Internet intermediaries of India.

Companies like Twitter and Google have already taken initiatives to comply with Indian laws. Twitter has put in place a country specific mechanism to remove offending tweets. Google has also started redirecting Indian bloggers to *** domains instead of *** domain. This method would allow Google to remove offending contents pertaining to *** alone once a valid legal request is made from Indian government or individuals residing in India.

Presently, civil and criminal cases are pending against companies like Google, Facebook, etc before various courts in New Delhi. Before the Delhi High Court, the respondent/complainant of the criminal complaint has placed it final arguments on 02-02-2012 and the petitioner companies would put its final arguments on 14-02-2012.

The civil court of New Delhi would analyse the compliance report of Google, Facebook, etc on 01-03-2012. The 22 firms involved in the case have to submit in writing that they have deleted the content before the next hearing. The criminal trial’s hearing is scheduled on 13th March 2012 where representatives of foreign companies have to be personally present. It seems foreign companies would have a busy month ahead.

Google Incorporation’s Indian Strategy To Counter Legal Disputes

Google is increasingly finding itself involved in various regulatory issues around the globe. Even the Indian shares of legal disputes with Google have increased a lot. Presently, Google is facing a criminal trial in New Delhi and representatives of Google would appear before a Court in New Delhi on 13th March 2012.

In the meantime, a new privacy policy and terms of service (ToS) by Google have also been suggested that would become applicable from 01-03-2012. However, European Union officials have asked Google to put on hold this policy implementation. Only time would tell whether this policy would be implemented or not.

Google has also started redirecting Indian bloggers to *** domain from the original *** domain. This way Google can “selectively remove” offending contents in a particular jurisdiction like India and leave the same contents available in other jurisdictions.

Whether it is copyright violation, trademark violation, cyber law infringements or any similar legal issue, Google has been facing many regulatory and legal hurdles. Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that Google has been doing its level best to resolve disputes of various parties though many times disputes are not resolved as per desired expectations. However, Google needs to do something more to avoid future cyber litigations and disputes that are going to increase in India

In order to avoid unnecessary troubles, Google must appoint a nodal officer in India. Further, Google must also keep in mind the privacy rights and laws in India, data protection laws of India, Internet intermediary liability in India and many more such issues.

Perry4Law and PTLB believe that the most important aspect of Google Incorporation’s policy to counter Indian legal disputes is to segregate Indian and non Indian based legal disputes. While dealing with Indian disputes, the Indian team and nodal officer must be pro active. While dealing with disputes involving foreign jurisdictions, Google’s core team may be involved.

Perry4Law and PTLB further believe that legal arguments based upon “subsidiary status” are not good in the long term. Rather, these arguments reflect the “evasive approach” and should be abdicated as soon as possible. Instead a pro active approach must be adopted by Google where legally tenable requests must be entertained immediately and pressure tactics and arm twisting methods should be fought to the maximum possible extent.

Perry4Law and PTLB hope that Google would find these suggestions worth consideration.

Data Protection Laws In India

We have no dedicated data protection laws in India. Data of individuals and companies require both constitutional as well as statutory protection. The constitutional analysis of data protection in India has still not attracted the attention of either Indian individuals/companies nor of Indian government.

The statutory aspects of data protection in India are scattered under various enactments. The Information Technology Act 2000 (IT Act 2000), which is the cyber law of India, also incorporate few provisions regarding data protection in India. However, till now we have no dedicated statutory and constitutional data privacy laws in India and data protection law in India.

Further, we do not have a dedicated privacy law in India as well. Privacy rights in India are still not recognised although the Supreme Court of India has interpreted Article 21 of Indian constitution as the source of privacy rights in India. Just like data protection, provisions pertaining to privacy laws in India are also scattered in various statutory enactments. Privacy rights and laws in India need to be strengthened keeping in mind the privacy rights in India in the information age.

Another related aspect pertains to data security in India. In the absence of proper data protection, privacy rights and cyber security in India, data security in India is also not adequate. Further, we do not have a dedicated cyber security law in India as well.

Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that data protection requirements are essential part of civil liberties protection in cyberspace. With the growing use of information and communication technology (ICT), data protection requirement has become very important. It would not be wrong to assume privacy and data protection rights as integral part of human rights protection in cyberspace.

Perry4Law and PTLB believe that Indian government must formulate different laws for privacy, data protection and data security. The IT Act 2000 has already committed the mistake of incorporating all cyberspace related aspects at a single place. This has resulted in a chaos and we have no effective law for any aspect of cyberspace.

Perry4Law and PTLB suggest that India government must formulate separate laws for issues like privacy, data security and data protection.

Modernisation of Postal Department Of India In Pipeline

The postal department of India is performing many crucial functions. With the passage of time, the postal department of India also needs technological upgradation and modernisation initiatives. This is not a difficult task to achieve as the department of post is attached with the union ministry of communication and information technology (MCIT).Realising the potential of a modern postal

Legal Issues Of Cloud Computing In India

Cloud computing is a process in which essential hardware and software based services are provided by a third party with no requirement to install such hardware and software by the service seeker. In other words, computational powers, hardware upgrades and latest software are provided on rent in an online environment where individuals and organisations can use the same.Cloud computing is basically

Online Legal Due Diligence In India

Legal due diligence in India is passing through a transformation stage. Concepts like electronic legal due diligence in India and technology related due diligence in India are frequently heard in India these days.

Till now legal due diligence in India is mainly performed in a traditional manner. Physical storage of information and documents in the data rooms is the traditional method of making available information for due diligence and various legal purposes.

However, virtual data rooms (VDRs) have changed the entire scenario. Using data rooms for legal compliances and mergers and acquisitions in India and abroad is giving way to using VDRs for the same and many more legal and non legal purposes. Clearly, virtual data rooms and legal compliances in India are increasingly seen as inseparable and more stress is given to perform online legal due diligence in India these days.

VDRs and online legal due diligence in India would also facilitate e-discovery in India. Presently, e-discovery services in India are still grooming. Some recent episodes have shown the importance of e-discovery for social media in India.

However, we need privacy laws in India, data protection laws in India and data security laws in India to make online due diligence a success in India. Similarly, use of is also not desirable at this stage unless there are sufficient procedural, legal and technical safeguards at place. Cloud computing in India is still not trusted and most of the clouds computing service providers in India are not aware of the stringent laws of India that they frequently violate.

The cyber law trends in India 2012 by Perry4Law and Perry4Law Techno Legal Base (PTLB) have clearly projected that cyber law due diligence in India would going to increase. In fact cyber law due diligence for Indian companies has become so important that it must be made a part of their policies and corporate strategies. One thing that is inevitable in India is the use of online legal due diligence in India in the coming years.

Merger And Acquisition Trends In India 2011

In this special column, Ms. Geeta Dalal, Partner at Perry4Law and a Techno Legal Corporate and Business Restructuring Expert, is discussing the merger and acquisition trends of India in the year 2011.

Merger and acquisition has seen many ups and downs in the year 2011 and many crucial developments took place in 2011.

Corporate mergers and acquisitions (M & A) in India are very common. India has been updating its corporate merger and acquisition regulations in India from time to time. Recently, Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 were formulated by the by Competition Commission of India. The main objective of the same was to regulated the combinations formulated in an anti competition manner in India.

Regulatory environment touching mergers and acquisitions in India was also streamlined in the year 2011 and stress upon and technological developments were made. The Securities and Exchange Board of India (SEBI) is planning to use electronic initial public offer (IPO) in India. Foreign investments in pharmaceutical in India has been liberalised by Reserve Bank of India. Similarly, foreign direct investment (FDI) in India has also been liberalised in many crucial areas. Naturally, lots of investments, IPOs, private equity funds exchange and many more collaborative and cooperative activities would take place in India in the year 2012.

The year 2011 envisaged an attempt by Reserve Bank of India (RBI) to regulate banking related mergers and acquisitions (M&A) in India. With the clearance of the Banking Laws (Amendment) Bill, 2011 by the Parliamentary Standing Committee on Finance, this may be the reality very soon.

Further, to streamline the banking transactions, an integrated banking law in India has been proposed. Similarly, the cap upon mobile banking financial transactions in India has been removed by the RBI. These reforms would help merger and acquisition transactions in India in the coming years.

Although there was a slow down in the merger and acquisition deals in India in 2011 yet India’s energy, mining and utilities sector witnessed a sound growth. The telecommunication sector faced the biggest setback in India and there were very few M&A dealing in this sector in 2011.

Perry4Law and Perry4Law Techno Legal Base (PTLB) would come up with the projected or forecasted merger and acquisition trends in India 2012 very soon.

Cyber Law Trends Of India 2012

The cyber law trends of India 2011 were provided by Perry4Law and Perry4Law Techno Legal Base (PTLB). This trend covered many techno legal issues that are of tremendous importance to various stakeholders. However, it seems various stakeholders have still not taken issues like cyber law, cyber security, cyber due diligence, e-discovery, social media due diligence, etc seriously.The year 2012 would

US Companies, India, Conflict Of Laws And Criminal Liabilities

Companies like Google, Microsoft, Yahoo, etc and social media websites like Facebook, etc are currently facing criminal trail in India for not removing objectionable contents from their respective websites.According to cyber law of India and laws of other jurisdiction, the safe harbour protection of Internet intermediaries is lost the moment they are notified of the offending act or omission.

Corruption And Technology Related Due Diligences In India

The recent spate of corruption related disclosures in India has sent a strong message to Indian and foreign companies to ensure that their business are strictly in compliance with Indian and foreign laws. Naturally, companies that have entered into merger and acquisitions (M&A) in the past are now looking forward to ensure that nothing fishy happened during such M & A transactions.These Indian

Electronic Authentication Policy Of India

Electronic authentication (e-authentication) is a very useful service provided it is safe, secure and reliable. Similarly, e-authentication must also be supported by a sound legal framework that governs its uses and abuses.We have no e-authentication policy in India. Even we have no legal framework for e-authentication in India. Although some efforts in this regard were made through the Aadhar

Cyber Law Of India Should Be Reformed

Technological issues when collaborated with legal framework bring complex situations. It is very difficult to provide a legal framework for technological issues. India is also trying to grapple with this problem. Although cyber law in India has been enacted in the form of information technology act 2000 (IT Act 2000) yet it has remained archaic and non performer. The cyber law trends in India

Ethical Hacking Training And Courses In India

The need of ethical hackers in India has emerged out of the necessity to tackle growing cases of cyber crimes and cyber attacks. For too long strategic systems and computers located at Indian government departments and sensitive faculties have been targeted by cyber criminals and enemy states. Incidences of cyber espionage against India have increased a lot.Naturally, India needs a skilled

Financial Frauds And IT Crimes In Indian Companies Is Increasing

Financial frauds and cyber crimes have plagued Indian corporate sector. IT and cyber frauds in Indian companies has increased a lot. Corporate IT frauds and cyber crime investigations in India have also increased. This has also necessitated cyber due diligence for Indian companies.White collar crimes and financial frauds are increasing in India. By its very nature these high profile crimes affect

Corporate IT Frauds And Cyber Crimes Investigation In India

Corporate frauds and crimes have taken a new shape in the present information technology age. Data theft, privacy violations, intellectual property rights (IPRs) violation, trade secrets theft, financial frauds, etc have also increased in the corporate sector of India. Even white collar crimes and organised crimes have increased a lot.Clearly, IT and cyber frauds in Indian companies have

Cyber Due Diligence For Indian Companies

Cyber due diligence in India has finally arrived in India. The information technology act, 2000 (IT Act 2000) is the sole cyber law of India. IT Act 2000 prescribes cyber due diligence requirements on the part of various stakeholders like banks, companies, individuals, Internet intermediaries, e-commerce sites, etc.However, till now cyber due diligence in India has not been taken seriously. This

IT And Cyber Frauds In Indian Companies Is Increasing

White collar crimes and financial frauds are increasing in India. By its very nature these high profile crimes affect corporate sector. Indian companies are also facing increased corporate frauds, financial frauds, white color crimes and technological frauds.With growing dependence upon information and communication technology (ICT) for various corporate functions, corporate systems and corporate

Online Dispute Resolution (ODR) In India

Information and communication technology (ICT) is considered to be a good option for resolving disputes of modern days. Concepts like online dispute resolution (ODR) and e-courts are proof of the same.Unfortunately, neither online dispute resolution in India nor e-courts in India has been accepted and implemented. In fact, we have a single techno legal e-courts training and consultancy centre of

E-Delivery Of Public Services Development Policy Loan (DPL) Project Of India

Electronic delivery of services is an effective method to introduce transparency in governmental dealings and to reduce corruption therein. Similarly, e-delivery of services can also bring efficiency that can reduce costs and unnecessary time taking by government departments.For instance, Securities and Exchange Board of India (SEBI) is planning to use electronic initial public offer (E-IPO) in

Electronic Bail Granting And Communication System In India

Granting of bail in a criminal matter ensures the right to life and liberty of an individual. While granting a bail, it is ensured that the normal life off the grantee is not jeopardised due to the initiation of a criminal proceeding. In many cases, although the bail is granted yet its communication and final execution may take some time. This seems to be an unreasonable exercise and avoidable

Cyber Law On Social Media And Networking Sites In India

Social media and networking sites have a crucial role to play. Now even governments across the world acknowledge this importance of social media websites. India is one such country that is currently trying to deal with social media sites. However, we have no dedicated social media laws in India. It has even been reported that guidelines for social media contents monitoring in India would be

Online Dispute Resolution Services Are Growing

International online dispute resolution (international ODR) is no more a fiction. With growing disputes being resolved through an online mechanism, ODR has also assumed significance. ODR has significant advantages over not only traditional litigation methods but also against alternative dispute resolution (ADR) mechanisms.International community is working really hard in the direction of