Category Archives: Cyber Due Diligence In India

E-Commerce Regulations And Laws In India

Electronic commerce is an area whose legal formalities cannot be taken lightly. Electronic commerce involves multiple jurisdictions and at times multiple laws of different countries are applicable to a single electronic commerce website.

Further, the landscape for electronic commerce dispute resolution in India is also fast changing. With more and more stress upon online disputes resolution (ODR) in India electronic commerce disputants now prefer ODR as a mechanism for dispute resolution. Corporate disputes resolution through ODR in India is also being explored. E-courts and ODR have also added their own valued to electronic commerce and corporate dispute resolutions in India.

Electronic commerce in India is witnessing a good growth due to progressive policies and liberal foreign direct investments (FDIs). E-commerce uses information and communication technology (ICT) to operate. Although many technological aspects are also taken care of by an e-commerce platform, yet establishment and running of an e-commerce website is the most important requirement.

Internet is boundary less and a website hosted in a particular country can be accessed from any part of the world. Further, there may be cases where a websites located in a particular country may attract legal jurisdictions of multiple countries. Thus, compliance with the laws of the principal country as well as those countries where such e-commerce websites targets audience and customers is of prime importance.

There have been instances where e-commerce websites located in India failed to observe cyber law due diligence in India and e-commerce regulations and laws in India. Criminal trials and criminal liabilities have been imposed by Indian legal system upon such websites. The bazee.com case and the criminal and civil trials against companies like Google, Yahoo, Facebook, Microsoft, etc are few examples of the same. Such cases against e-commerce websites and foreign companies would further increase and e-commerce players must appoint nodal officers in India to comply with Indian laws.

Thus, not only legal requirements for undertaking e-commerce in India are stringent but even Internet intermediaries liability in India must be taken seriously by companies engaged in online transactions and businesses. We have no dedicated e-commerce laws in India but the information technology act 2000 (IT Act 2000) covers basic level e-commerce legal framework in India. The IT Act 2000 also prescribes cyber due diligence for foreign websites in India.

E-commerce due diligence in India is a much needed requirement that all e-commerce players, whether Indians or foreign, must undertake as soon as possible. Non observation of local and foreign laws can tarnish the image and brand of a company that cannot be regained again. It is better to err on the side of precaution rather than caught on the wrong side of the law.

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

Social Networking Laws In India

With the fast growing social networking platforms in India it has become essential to enact effective social media laws in India. Presently social networking laws in India are not mature enough to take care of social media in the most appropriate manner. Social media is considered to be an Internet intermediary as per Indian cyber law. The recent controversy of Internet censorship in India has

Corporate Laws In India

Corporate world is witnessing a considerable growth in India. Similarly, regulatory issues pertaining to corporate environment are also changing rapidly. It is very important for the corporate community to keep itself updated of these fast changing and dynamic regulatory changes and growing corporate merger and acquisitions happening in India.
Corporate laws in India fall in various categories. Companies law of India, 1956 is the main corporate law of India. Other laws that fall in the corporate law category pertain to intellectual property rights (IPRs), anti competition laws, banking and financial laws of India, insurance laws, etc.
Collectively, corporations in India are required to follow an array of laws and regulatory requirements. A failure to comply with these legal and regulatory requirements results in imposition of fines and at times imprisonment as well. So corporations in India must religiously follow various laws and regulations applicable in India.
With the growth of information and communication technology (ICT), now techno legal regulatory requirements have emerged. For instance, cyber laws due diligence requirements have become very stringent in India under the information technology act 2000. Internet intermediary liability in India is now a big challenge for e-commerce, e-governance, search engines, blogging platforms, social media, etc operating in India.
Cyber security requirements have further added additional obligations upon various stakeholders and corporate entities in India. For instance, the Reserve Bank of India (RBI) has recently asked all banks in India to ensure cyber security mechanisms. Further, appointing suitable experts at the board level for ensuring cyber security compliances by banks in India has also been recommended by RBI.
Corporations in India must also keep in mind the competition policies and regulatory requirements in India. They must not indulge in anti competition practices that may trigger the anti competition law of India.
Employer employee relationships and owner workmen relationships are also governed by various employment and labour laws in India. Corporations in India must also fulfil the requirements of these laws to avoid employment related disputes.
Financial frauds, serious frauds and white collar crimes are also applicable to various companies and corporate houses running in India. Financial frauds are unearthed by using well known financial, legal, technical and scientific methods of auditing the accounts, transactions and dealings of various companies. Forensics auditing and cyber forensics is very useful in investigating these frauds and crimes.
This blog would cover all these issues in a systematic manner suggesting various scientific, legal, policies and strategic, forensics and investigative methods to resolve various techno legal issues relating to corporate laws applicable in India.

Yahoo Took Indian Government To Court Over E-Surveillance

E-surveillance in India has become a big nuisance for intermediaries like internet service providers (ISPs), e-commerce sites, search engines, e-mail providers, etc. The liability of Internet intermediaries for copyright violations is also well known that has further increased the troubles of intermediaries in India.Intermediaries liability for cyber law due diligence in India has become very