For the last two decades, technology has been the driving force behind the Indian economy. The use of gadgets has eased the lives of every individual. This digital penetration has, in turn, resulted in the misuse of the internet such as data theft, impersonation, breach of privacy, cybercrimes, etc. This led to the need of having a comprehensive set of regulations to protect the interest of every individual and corporation. For this, the Information Technology Act 2000 was introduced by the Indian government.
It was further amended by various sets of rules to strengthen the data protection regime in India. Further, The Indian Computer Emergency Response Team (CERT-In) is designated as the nodal agency to handle various cyber incidents and take emergency measures for their containment by the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules 2013 (IT Rules, 2013).
People and businesses can voluntarily report cyber security events and concerns to CERT-In and ask for support and assistance with technical issues as well as other types of support.
KSK as an excellent Information Technology Law Firm in India is well-equipped in assisting clients across the globe with respect to various aspects of information technology such as:
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Information technology services are here to stay for a very long time. There have been numerous developments in this domain in recent times.
The most important one is the introduction of a new data protection bill in India, which is in the process of being finalized. Once the same gets enforced, it will open the path for a wide array of legal compliances, which are yet unknown to the majority of people. Hence, there is a need for lawyers to keep themselves updated with the ongoing developments and deliver solutions to problems from diverse sectors.
At KSK, as an Information Technology Law Firm in India, we have developed a niche in this area, and have assisted several Indian and global companies with complex matters on information technology. We combine our extensive knowledge of the regulatory framework to provide effective solutions to cross-jurisdictional issues in a time-bound manner.
India will put aside the present Personal Data Protection Bill 2019 that has been in development for almost five years and does not adequately meet the needs of the nation's shifting technological landscape and instead design a brand-new privacy law. The Joint Committee of Parliament evaluated the 2019 Bill after it had been first developed by a group under the direction of retired Supreme Court Judge BN Srikrishna. It only provided its final recommendations and a new form of the Bill in November 2021.
There is a rise in fintech start-ups in India in the last few decades. Hence, the regulatory landscape for the fintech space is constantly evolving. The following are some of the existing sets of regulations that are extremely important for any fintech company: Payment and Settlement Systems Act (2007), Guidelines regulating P2P Lending Platforms, NCPI Regulations regarding UPI payments, NBFC Regulations, Regulations governing Payment Banks, and Regulation of Payment Intermediaries by the RBI.
The domain of software agreements is extremely vast and complicated. However, we have tried to list some of the most common agreements that are quintessential for any company: a) Software License Agreements such as shrink-wrap agreements, click-wrap agreements, browse-wrap agreements, and end-user license agreements (“EULA”) b) Software Development Agreements such as Agile contracts, Waterfall contracts, etc., and c) Cloud Computing Services Agreement such as Saas, platform, and computing resources.
The dispute resolution mechanism for disputes involving cyber laws is a bit complex.
It starts with the Adjudicating officer as mentioned in the IT Act, 2000. Post that, it moves to the Cyber appellate tribunal, as provided in Section 58 of IT Act, 2000. Clause (2) Section 58 provides that the Cyber Appellate Tribunal shall have the same powers as a civil court under the Code of Civil Procedure, 1908. Further, a person who is aggrieved by the Cyber Appellate Tribunal's judgment or order may appeal it to the high court within sixty days of obtaining notice of the tribunal's decision or order on any factual or legal issue arising out of such order, according to Section 62 of the IT Act, 2000.
