Supreme Court Erred In Reading Down Section 79(3)(b) And Rule 3(4): Praveen Dalal

The judgment of Shreya Singhal v. Union of India (24^th March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF) is not just about Section 66A but many other sections and rules as well. For instance, Section 79 of IT Act 2000 and Rule 3 of Information Technology (Intermediaries Guidelines) Rules, 2011 have also been analysed by Supreme Court.

As the constitutionality of these provisions was challenged, Supreme Court had limited choices. Supreme Court preferred to narrow down these provisions to keep them operational and constitutional. But it has not been realised at what cost this has been done.

According to Praveen Dalal, managing partner of ICT law firm Perry4Law, Supreme Court’s Judgment on Section 66A is a big blow for Cyber Law Due Diligence in India and reading down of Section 79(3) (b) and Rule 3(4) by Supreme Court in the present manner is “Counter Productive” in long run. He has also suggested that Modi Government must urgently bring suitable Amendments in the IT Act 2000 to tackle growing Cyber Threats and Cyber Crimes in India.

Indian cyber law has never been appropriate since its inception. Too much stress is given to suppress civil liberties and enhance e-surveillance. However, it has now reached a stage where immediate steps must be taken to protect civil liberties in cyberspace on the one hand and projects like Digital India on the other. This is also the high time to leave politics and do positive things for Indian masses.

Source: Cjnews India.

Aadhaar Must Be Scrapped Immediately Opines Praveen Dalal

Some believe that an Aadhaar card is a useful identification document while others abhor it. Whatever the case may be but the Aadhaar project was never implemented in a legal and constitutional manner. From the very inception, Aadhaar project was an illegal and unconstitutional project. However, Indian government was well committed to continue with this project despite many protests and warnings.

One of the early, stern and incessant opposers of the Aadhaar project is Praveen Dalal who was the first one to demand for scrapping of Aadhaar project. Dalal claimed that the UIDAI must not use public funds till provisions regarding the same are incorporated in the law to be formulated by Parliament of India. He also maintained that Aadhaar project must be scrapped till a constitutional law supporting the project is in place as it is a fraud against the constitution.

Surprisingly our political parties did not find it offensive and they kept mum on this issue. This helped the Congress government to continue with the illegal and unconstitutional Aadhar project.

According to Dalal, “The Aadhaar Project is the most “Obnoxious” and “Evil” Project that Indian Government has been pursuing till now. In my personal opinion, the very foundation of Aadhaar Project is based upon “Lies and Deception” and this Project should have been “Scrapped” long before. However, the previous Government not only deliberately kept this “Illegal and Unconstitutional Project” alive but also wasted crore of “Hard Earned Public Money” on a Project that is clearly Illegal and Unconstitutional. Narendra Modi “Must Scrap Aadhaar Project” as well along with the Cabinet Committee on UIDAI, recommends Dalal.

Fortunately, the Constitutional Validity of Aadhaar Project has been questioned in the High Courts and Supreme Court of India. The Supreme Court has even held that Aadhaar Card/Number cannot be made mandatory for availing public services in India. The Supreme Court has also prohibited UIDAI from sharing biometric data with Indian Government Agencies without data owner’s consent. Even a Parliamentary Committed rejected the proposed National Identification Authority of India Bill 2010 finding it “Inadequate and Unsuitable”, informs Dalal.

It is high time for Modi government to scrap Aadhaar project as much public resources and money have already been wasted upon this useless project.

Relevant Notifications Under The New Company Law Of India

The company law of India has been rejuvenated and it has brought many far reaching and significant changes in the previous regime. The regulatory compliances under the new law have become totally different and companies have to tackle the same effectively and in a timely manner. These compliance requirements have raised many techno legal and cyber obligations before Indian corporates.

However, as the new regime has been notified recently there are very few companies in India that have been complying with these requirements. Many of the companies are not even aware of such notifications. Asia’s best techno legal ICT and corporate law firm Perry4Law has provided a list of corporate regulatory notifications that can be really handy for all corporate stakeholders. Corporate stakeholders would find these notifications by Indian government worth considering in this regard:

(1) Indian Companies Act, 2013 (PDF)

(2) MCA Notification Dated 26-03-2014 (PDF) Regarding 183 Sections of Indian Companies Act 2013

(3) Table Containing Provisions Of Companies Act, 2013 As Notified Up To Date And Corresponding Provisions Thereof Under Companies Act, 1956 (PDF)

(4) Roll Out Plan Of Various Forms Under The Companies Act, 2013 And Continuance Of Forms Under The Provisions Of Companies Act, 1956 (PDF)

(5) Companies 2nd (Removal of Difficulties) Order, 2014 (PDF)

(6) Companies (Appointment and Qualification of Directors) Rules, 2014 (PDF)

(7) Companies (Corporate Social Responsibility Policy) Rules, 2014 (PDF)

(8) Companies (Incorporation) Rules 2014 (PDF)

(9) Companies (Share Capital and Debentures) Rules, 2014 (PDF)

(10) Companies (Accounts) Rules, 2014 (PDF)

(11) Companies (Declaration and Payment of Dividend) Rules, 2014 (PDF)

(12) Companies (Management and Administration) Rules, 2014 (PDF)

(13) Companies (Meetings of Board and its Powers) Rules, 2014 (PDF)

(14) Companies (Prospectus and Allotment of Securities) Rules, 2014 (PDF)

(15) Companies (Registration of Charges) Rules, 2014 (PDF)

(16) Companies (Specification Of Definitions Details) Rules, 2014 (PDF)

(17) Companies (Adjudication of Penalties) Rules, 2014 (PDF)

(18) Companies (Miscellaneous) Rules, 2014 (PDF)

(19) Nidhi Rules, 2014 (PDF)

(20) Rules under Chapter XIV of Indian Companies Act, 2013 pertaining to Inspection, Inquiry and Investigation (PDF)

(21) Suggestions Regarding Rules Pertaining to Inspection, Inquiry and Investigation (SFIO) by Perry4Law (PDF)

(22) Cyber Law Due Diligence Requirements For Indian And Foreign Companies (PDF)

This list would be updated from time to time by Perry4Law. Please bookmark this page so that you can have updated information about Indian Companies Act, 2013 and Rules/Notifications made thereunder form time to time.

The Indian Bitcoins Saga

Bitcoins emerged as a valuable investment in India in the year 2013. However, the legality of Bitcoins in India was always in doubts. Nevertheless the e-commerce entrepreneurs in India kept on investing and dealing in Bitcoins. They also forget to comply with Indian law, including the cyber law of India.

For instance, the IT Act 2000 prescribes cyber law due diligence in India and the Internet intermediary liability in India. These cyber laws due diligence and Internet Intermediary requirements squarely apply to use of Bitcoins in India. Further, money laundering, foreign exchange and security dealing laws also apply to Bitcoins dealings and trading in India.

Meanwhile, China, France, Thailand, etc have either regulated the use of Bitcoins or they have completely banned them in their jurisdictions. But the Reserve Bank of India (RBI) and Indian government kept on sleeping over the issue. As a result the Bitcoins frauds and crimes kept on increasing in India.

As the pressure mounted, the RBI cautioned users of virtual currencies against various risks including legal risks. Soon after the cautious advisory, the enforcement directorate (ED) swung into action and raided two Bitcoins websites and their offices. ED believes that Bitcoins money can be used for hawala transactions and funding terror operations and this seems to be a legally plausible explanation as well.

Actually, the Bitcoin website owners have themselves put into trouble as they simply assumed that there are no legal compliances that are required to be fulfilled. It is well established that e-commerce compliances in India are required to be fulfilled.

As on date the Bitcoins websites in India are under regulatory scanner and are vulnerable to all sorts of legal actions. In fact, Seven Digital Cash LLP is already facing legal risks for dealing in Bitcoins in India.

The cyber law trends of India 2013 by ICT law firm Perry4Law has cautioned that Bitcoins websites may further face legal actions if they fail to comply with Indian laws in the year 2014. We hope that the Bitcoins saga would not end up in the prosecution of Bitcoins entrepreneurs in India.

Airtel And Tata Teleservices Limited Are Violating Internet Intermediary Rules Of India

Indian telecom companies are taking Indian laws for granted. For instance, Airtel and Tata Teleservices limited (TTL) are already in cyber law violation controversy. Both Airtel and TTL have violated the mandates of Information Technology (Intermediaries Guidelines) Rules, 2011 (PDF) of India.

This is contrary to the stringent stand taken by Indian government and telecom regulatory authorities of India against foreign telecom companies. At a time when Indian government is zealously enforcing the cyber law of India, it is really surprising that Tata Teleservices Limited (TTL) and Airtel are violating Indian cyber law. There may be a case that both TTL and Airtel may not be aware of the contraventions and violations they have been committing. It is equally possible that both TTL and Airtel have been deliberately and knowingly violating the provisions of Information Technology Act, 2000.

According to various sources, Tata Teleservices Limited (TTL) and Airtel are violating IT Act 2000 and complaints have been filed against them at Department of Telecommunication (DoT) and Telecom Regulatory Authority of India (TRAI). Both Tata Teleservices Limited (TTL) and Airtel have failed to observe cyber law due diligence as required by the Information Technology Act, 2000 and the intermediary guidelines prescribed under the IT Act, 2000.

See: Ground Report for more.

Intellectual Property (IP) Disputes Have Increased Tremendously

Intellectual property rights (IPRs) have assumed tremendous importance these days and both individuals and organisations are doing their level best to protect and enforce the same. As a result, the IP battles are increasing world over and India has also witnessed a growth in IPR disputes.

IP like trade secrets, patents, copyright, trademarks, etc have become crucial for the growth and expansion of various businesses. Add to it the domain names and you cover the cyberspace and techno legal areas as well.

Intellectual property (IP) disputes have increased tremendously. As more and more individuals and organisations have started asserting their IP claims, the litigation and court cases have also increased.

At the international level, the international trade commission (ITC) has recently held that Apple and Microsoft did not violate the patent rights of Google. Kim Dotcom has accused Google, Facebook, Twitter etc of violating his two step authentication patent.

Mozilla has also issues a cease and desist notice to Gamma International for maliciously using its brand and reputation. The Japanese Company Kawasaki Heavy Industries (KHI) has also accused Chinese Company CSR Sifang of stealing its Shinkansen Bullet Trains.  

The U.K. Supreme Court has also decided that storing of cache on a users computer of the copyright protected work is not copyright infringement. Similarly, the supreme court of India also held that Novartis has no patent rights in its product Glivec. U.S. Pharmaceutical Company Merck Sharp and Dohme’s (MSD) has also appealed before Division Bench of Delhi High Court.  

On the Trademark and Domain Name fronts, India has submitted Instrument of Accession to the Madrid Protocol for International Registration of Marks. In a domain squatting case, Tata Sons And Tata Infotech won domain name lawsuit against Arno Palmen. The objection and dispute resolution for ICANN’s new GTLDs registrations is also in full swing. The Financial Times and Times of India are also fighting trademark battle in Supreme Court of India.

On the legislation front, the recent Indian Copyright Amendment Act, 2012 (CAA 2012) has incorporated provisions related to digital rights management. These include protection of technological measures used by copyright owners and making their unauthorised circumventions punishable under the Copyright Act. Similarly, the proposed U.S. legislation would target companies using stolen intellectual property of U.S.

This trend of protection of IP is going to be more severe in future. The IP portfolio management in India and online brand protection in India is going to be a trick issue and individuals and companies must keep this trend in mind.  

Nursery Admissions In Delhi: High Court To Delivery Judgment Today

Nursery admissions in Delhi are a good source of black money for schools in the form of donations and seats purchasing that are otherwise available to general public. The right to education act of India has failed to curb this evil practice of schools and schools in Delhi are openly flouting the norms and laws of India.

To a greater extent the nursery admissions process in Delhi can be compared to a legalised education mafia in Delhi. There are many schools that are following and not following the norms laid down by the directorate of education, Delhi.

We hope our Prime Minister and Chief Minister of Delhi are taking note of these negative developments and would come to the rescue of helpless parents. We have also started an online petition and protest campaign against the defaulting schools.

We have also contacted Prime Minister, Chief Minister of Delhi and Shashi Tharoor and are waiting for their official response.

Meanwhile the Delhi High Court may pronounce its judgement/order regarding the point’s criteria presently adopted by schools in India.

The present point criterion is a breeding ground for corrupt practices and schools are openly misusing the same to mint money.

It would be a good decision on the part of Delhi High Court to quash the present point system and suggest a better point system so that justice can be done to the children and right to education act.

Source: Cjnews India.

Intellectual Property (IP) Laws Firms In India

Intellectual property (IP) laws firms in India are playing a major role in the global IP protection and enforcement. Many individuals and companies are utilising the services of Indian law firms and lawyers to protect their respective IP rights.

However, techno legal issues have complicated the traditional IP rights management. These days information technology is increasingly being used world over that is both facilitating and infringing the IP rights of others. Thus, role of traditional IP law firms has significantly changed. 

These days an IP rights can be protected only if the law firm or lawyer is/are good at both IP and technical aspects. This is the point where cyber law firms in India assume significant that can manage both IP related and IT related aspects. This requirement has made a clear distinction between traditional and contemporary intellectual property rights services in India.

There are many good IPRs law firms in India that are catering the requirements of various IPRs holders. However, Perry4Law is the exclusive techno legal ICT law firm of India that is providing many techno legal services in India of unique nature. These include corporate, technology and IPRs service as well.

Indian IP law firms and lawyers must adopt the technological revolution that is changing the entire service sectors world over. As more and more IT is being used to protect and enforce IP rights at global level, ignoring IT issues is not a wise option.

International treaties and agreements have further extended the otherwise territorial nature of IP protection and rights. Now even international treaties have recognised that IP enforcement must be made keeping in mind the technological developments.

For instance, with the adoption of Madrid agreement and Madrid protocol by India, trademarks protection in India would be given a new meaning. International registration of trademarks under Madrid agreement and Madrid protocol would also increase in future.

The IP law firms and lawyers of India must change gears now as even the Indian government has adopted technological methods to file and pursue IP rights in India. E-filing of various IP applications along with their online dealing is gradually becoming popular in India. Perry4Law has set the example that others must follow in India.

Source: Cjnews India.

Online Gambling Laws In India

Running online businesses in India require compliance with e-commerce laws and regulations of India. There are many techno legal issues of online business in India that must be complied with before an online store or platform is opened. The exact nature of such legal compliances depends upon the nature of online business.

Surprisingly, the e-commerce compliances in India are really bad and Indian government and various regulatory bodies have not taken any action in this regard so far. For example, cyber law due diligence, Internet intermediary liability and cyber due diligence for Indian companies are some of the compulsory legal issues that have been ignored by almost all e-commerce players of India.

According to India’s leading e-commerce law firm Perry4Law, the most vulnerable categories that have opened their online shops pertain to online pharmacies, online gambling and gaming, electronics, etc. These e-commerce portals are not at all complying with the respective laws of these segments.

Even the Indian government is lax in implementing the regulatory and compliance requirements against these illegal online pharmacies, gambling portals and other similar e-commerce platforms.

In this entire mess a question that requires urgent answer is whether online gambling and betting is legal in India? According to Perry4Law, the golden rule for deciding whether online gambling in India is legal or not has to be judged by many factors that depends upon the facts and circumstances of each case and upon state to state. There are many states in India where gambling is legal and few where even online gambling and betting is legal. However, there are some states like Mumbai where online gambling is expressly prohibited and made a punishable offense. So it depends upon the state where you wish to carry the online gambling and betting business.

Then there is the rule of skills versus chance as laid down by the courts of India. As a general rule, where the game involves application of skill on the part of the player and the element of chance is minimal, the activity would be considered to be a game and not an act of gambling. However, the applicability of this test of skill versus chance may not be applicable to online or Internet games, betting and gambling as various judicial decisions pertaining to different sets of facts and circumstances and can be distinguished easily in subsequent litigations.

Finally, economic and taxation legislations like tax laws of India, anti money laundering laws, etc are also involved while operating online casinos, online gambling and betting and online gamming platforms.  The provisions of these economic legislations are very stringent in nature and can cause great detriment to the owner or operator of the online casino, gambling and betting website.

Perry4Law recommends that to be on a safer side, it is better to comply with various techno legal laws of India while opening an online gambling, gaming and betting platform rather than facing the punitive provisions of Indian laws.

Source: Techno Legal Thoughts.

Lawyers And Advocates In New Delhi India

If you are looking forward to resolve a dispute of yours, chances are very bright that you must be looking for a good law firm or lawyers in India. There are many good law firms in New Delhi India. Similarly, there are many good lawyers and attorneys in New Delhi India.

However, the real problem is to choose the most appropriate law firm or lawyers from these law firms and lawyers. If we have a database of lawyers and law firms, the problem of choosing the appropriate law firm/lawyers becomes very easy.

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have launched two dedicated platforms that are discussing about law firms and lawyers respectively. The idea is to provide a comprehensive and holistic directory of law firms and lawyers that deal various fields of law.

Initially the platforms have provided comprehensive information about the initiatives and techno legal expertise of Perry4Law and PTLB but details of other law firms and lawyers would also be provided in due course of time.

Further, those interested in techno legal trainings in fields like cyber law, cyber forensics, cyber security, e-discovery, e-commerce, etc would also find these resources very useful.

About Perry4Law

Perry4Law is the Exclusive Techno Legal Corporate, IP And ICT Law Firm of India that is providing domain specific services on Corporate, IP and ICT matters such as Banking and Finance, Business Setup, Corporate and Commercial Advisory, etc. See Perry4Law’s Services for more details.

Source: Techno Legal Thoughts.

My New Blog

Hi everybody. Thanks for your continued support and following our views and opinions at various platforms. I have started a new blog titled techno legal thoughts and I would like you to go through the same. 

This blog is the continuation of my previous effort on similar topic. The main topics that i would be covering through this blog would include areas like cyber law, cyber forensics, cyber security, e-discovery, e-commerce, etc.

Visit Techno Legal Thoughts for more details.

Legal Firms In New Delhi India

Legal field around the world is growing. Law is a very complicated and vast area and with the amalgamation of information and communication technology (ICT), law has taken a new shape.

New areas like cyber law, cyber forensics, cyber security, e-discovery, e-commerce, etc have been emerging. However, there are very few legal institutions that cover these technical areas of law. The fact is that law is today a techno legal filed where both technical and legal fields have merged.

Naturally, finding good techno legal firms in India and other parts of the world is really tough. Many have expressed the opinion that there is an urgent need to have a comprehensive Indian law database that can serve the legal requirements of various stakeholders.

The good news is that Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have provided the exclusive techno legal database of Indian law firms. As on date, it is the most comprehensive laws and law firms’ database of India that is really handy for various stakeholders.

For instance, if you are looking for a cyber law firms in New Delhi India, the platform of Perry4Law and PTLB would provide you a link of the same where not only details about Indian cyber law firms would be provided but also legal position of cyber law and related fields would also be discussed there.

In short not only details about various law firms would be there but also brief discussion about the respective field would be provided so that basic level legal information is available to the reader or viewer. You can see the law firms in New Delhi India segment of Perry4Law and PTLB for more information.

The platform main objective is to provide comprehensive and holistic information to the readers and viewers about the initiatives of Perry4Law and PTLB. Further, relevant links have also been provided so that readers can have a readymade reference resource at their disposal.

Gradually, the platform would cover diverse techno legal fields as are managed by Perry4Law/PTLB and other firms. This is a really ambitious and useful initiative and it is certainly going to be really useful for both national and international stakeholders.

Indian Law Database

A very good techno legal initiative has been started by Perry4Law and Perry4Law’s Techno Legal Base (PTLB). It is providing not only legal aspects applicable in India but is also covering the technical aspects of Indian laws.

Issues like cyber law, cyber security, cyber forensics, e-commerce, e-governance, merger and acquisition, corporate laws, etc have been discussed here.

It is the most comprehensive Indian laws and law firms database of India that is very useful for foreign direct investment (FDI) makers and others interested in making investments in India. 

See Law Firms In New Delhi India for more.

National Cyber Coordination Centre (NCCC) Of India

Cyber law issues, cyber security and national security are on agenda of Indian government these days. However, till now cyber security in India is not upto the mark and cyber law of India requires an urgent repeal. This is because the entire approach and attitude of India government is defective.

Indian government has failed to understand that e-surveillance is not a substitute for cyber security capabilities. Instead of developing cyber security capabilities of India, the Indian government is stressing upon growing use of e-surveillance in India and Internet censorship in India.

All these exercises of India government have been done without any legal framework supporting these initiatives of Indian government. Phones are tapped in India without a constitutionally valid phone tapping laws in India. The central monitoring system project of India (CMS Project of India) is also not supported by any legal framework. Surveillance of Internet traffic in India is also another area that requires a sound legal framework. Various authorities with far reaching powers have been created without any legal backing.

See ICTPS Blog for more.

Will E-Books Grow In India?

E-books and bookstores in India share an inverse relationship. World over growth of e-books has resulted in a decline in print based books. As a result many bookstores in real world have already been closed.

The e-books segment is increasing in India is also catching up with the development in other nations. The e-books publication in India and e-commerce industry is also flourishing. However, e-commerce laws and regulations in India are still not followed by and large by various e-commerce entities in India.

Let us see how the e-book industry would grow in India.

See Will E-Books Kill The Bookstores In India? for more.

Electronic Books In India

Electronic books publication is the latest trend world over. Although the market share of books publication is still dominated by printed books yet e-books business segment is also fast catching up.

Many e-commerce players belonging to education sector are eying India for a larger market for e-books. This cannot be effectively done till e-commerce laws and regulations in India are duly followed.

See E-Books Publication In India And E-Commerce Industry for more.

Dispute Resolution In Cyber World Of India

Dispute resolution in cyber world is a difficult task. This is so because laws of various jurisdictions may be applicable to a single dispute. At the same time, dispute resolution in cyber world is also very cost effective and instant in nature.

Dispute resolution in cyber world of India is still not developed. For instance, online dispute resolution (ODR) in India and e-courts in India are still missing. In fact, dispute resolution in cyber world of India is an essential part of legal enablement of ICT system of India.

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have been providing pioneer services in the field of dispute resolution in cyber world. Further, domain name dispute resolution service providers in India and abroad are also involved in dispute resolution in cyber world.

Even the international commercial arbitration in India and ODR are interrelated. E-commerce dispute resolution in India can also be done by using ODR. Corporate Disputes and Online Dispute Resolution in India are also related concepts.

Areas like Dispute Resolution in Technology Transactions, Entertainment and Media Industry Disputes Resolutions in India,  E-Courts and ODR in India, Domain Name Dispute Resolution In India, Cyber Squatting Dispute Resolution In India, Electronic Commerce Dispute Resolution In India, Online Dispute Resolution And Cross Border E-Commerce Transactions, Dispute Resolution Of Cross Border Technology Transactions, Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions, Online Commercial Arbitration In India, etc need special attention.

Perry4Law and PTLB have also launched some dedicated initiatives in the fields of e-courts and ODR. These are as follows:

(1) Electronic Courts: This initiative would provide e-courts services to national and international organisations, governments, companies, individuals, etc. At this platform you would be able to resolve your disputes through use of techno legal methods and procedures.

(2) E-Judiciary: This initiative would provide research, policy formulations, training, consultancy, project execution support, etc to various national and international stakeholders. It would cover areas like e-courts, e-judiciary, legal enablement of ICT in courts and judiciary, etc.

(3) ODR India: This is an India specific platform that would resolve various inter party disputes in an online environment. Techno legal methods and procedures would be used to resolve various disputes through Arbitration, Conciliation, Mediation and other similar methods.

(4) Online Arbitration: This initiative would provide ODR services to world at large. Individuals, organisations, companies, etc may resolve their disputes through this platform by using our techno legal dispute resolution services.

India needs to adopt ODR and establish e-courts to strengthen its judicial system. Further, establishment of e-courts in India and ODR capabilities would further benefit litigants and parties to the dispute. We hope our initiatives would prove useful to all the stakeholders.

Source: Online Dispute Resolution (ODR) Centre Of India

Legal Compliances For Launching An E-Commerce Website In India

Many e-commerce players frequently ask about the legal requirements of undertaking e-commerce in India. The main legal issue pertaining to establishing en e-commerce platform in India is to ascertain the legal requirements to start an e-commerce website in India.

There is a misconception among the national and international e-commerce players that establishing an e-commerce business in India does not require any legal compliances. The truth is that establishing of e-commerce business in India without complying with legal requirements is a risky proposition.

The legal formalities required for starting e-commerce business in India are now well established. Perry4Law, the exclusive techno legal ICT law firm of India and the premier e-commerce law firm of India, has already provided the legal framework in this regard. Now all national and international e-commerce players can know about e-commerce laws and regulations of India.

National and international e-commerce players must appreciate that diverse legal issues of e-commerce in India apply to different types of e-commerce. For example, electronic trading of medical drugs in India needs more severe e-commerce and legal compliances as compared to other e-commerce ventures.

Similarly, digital communication channels for drugs and healthcare products in India are scrutinised more assertively than other e-commerce business activities. In fact, regulatory and legislative measures to check online pharmacies trading in banned drugs in India are already in pipeline. Online sale and purchase of prescribed drugs and medicines in India is another category that requires due compliance with various applicable laws of India.

Legal issues of online shopping in India must be duly complied with various e-commerce entrepreneurs. In fact, a probe against Walmart has been ordered in India for market access lobbying. Indian e-commerce, FDI regulations and cyber due diligence are closely related and cannot be ignored anymore.

It is in the own interest of e-commerce players to arrange business structuring of e-commerce in India in a techno legal manner. Otherwise these e-commerce players may find themselves in legal battles.

National Digital Preservation Policy Of India

Digital Preservation (DP) in India is a very recent concept that has not even been conceptualised properly. There is neither a legal framework in this regard nor national policies and strategies in India.

Although a National Digital Preservation Programme (NDPP) of India has been launched but it is at a very nascent stage. DP is becoming an important requirement all over the World and India cannot ignore the importance of the same.

The DP initiatives are facing many road blocks that are preventing them from materialising in India. For instance, Intellectual Property Rights (IPRs) are occasionally found on the crossroads of DP initiatives. The IPRs Issues in the digital era are also closely related to the requirements of DP in India.

With the rapid advancement of technology day by day, old applications and methods are becoming obsolete. We need to upgrade them from time to time. We also need to change form of various IPRs protected works from one form to another. This sometimes results in copyright, trademark, patents, etc violations.

In short, IPRs issues in the digital era and cyber space are difficult to manage and we need both good policies and laws to manage the same effectively.

According to Digital Preservation Expert and managing partner of ICT law firm Perry4Law Mr. Praveen Dalal "DP issues are also going to be more complicated with the enactment of laws like Digital Millennium Copyright Act, 1998 (DMCA). Efforts are in the pipeline for adoption of an efficient Digital Rights Management (DRM) system in India. This seems to be a step in the direction of protecting fast-growing Indian digital entertainment and media industry.

This may not be fruitful if we fail to appreciate the ground realities existing in India. India needs a Techno-Legal Law that is in conformity with Indian Standards and Norms”. The first and foremost requirement for DP in India is to formulate a good and effective techno-legal digital preservation policy of India.

The task is really difficult unless good experts are involved in this much needed project. With the basic policy framework we can further proceed towards techno-legal framework as well.

Cyber Security In India

I have started another blog titled cyber security in India. The same would primarily cover issues pertaining to cyber security in India and world wide. However, other techno legal issues of national and international importance would also be covered. I request my friends to join me in this endeavour and help the platform to reach the level where our other platforms have reached.

See Cyber Security In India for more.