Use of digital contracts have been on a rise due to several dynamic factors such as technological developments and globalization. These factors have acted as a catalyst to the growing trend of digitalization of commercial business models and transactions. This in turn has given a significant rise to digital contracts and electronic records. E-commerce businesses... Continue Reading →
The Information technology (Amendment) Act, 2008 provides with various provisions regarding the DSC and ES. This amendment recognizes ES and takes it under the purview of the IT Act. The word “digital” was replaced by “electronic”, this was done to make the IT Act more technology neutral and expand its applicability beyond digital medium. The... Continue Reading →
The GDPR Regulations, have now made sure that any organization under whose surveillance such a breach takes place is held liable for such breach. This in turn leads to all organizations around the world, be it Google, Yahoo, Facebook or Instagram to update their privacy policies and make them severer and more difficult to violate. GDPR has further provided for the maximum penalties which would be levied if such GDPR is breached by an organization. The maximum fine levied on such an organization is a fine up to 4% of their annual global turnover or € 20 million, whichever is higher.
Further to our Part II, this Part seeks to outline the key provisions under other extant regulations in India that seeks to address the issue of data protection and individual's right to privacy. Protection under other regulations Apart from the Act, there are several laws that address the issue of the data protection and individual’s... Continue Reading →
Further to our Part I, this Part seeks to outline the key provisions of the first specific legislation in India that sought to address the right to privacy in respect of data protection. Protection under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Reasonable Security Practices Rules”)... Continue Reading →
India does not have a comprehensive legislation for the protection of privacy of an individual. Article 21 of the Constitution of India has been extended to include the right to privacy as a fundamental right available under the Constitution. However, being a fundamental right, it can only be enforced only against the State. The legal... Continue Reading →