SlideShare a Scribd company logo
1 of 48
Download to read offline
IT ACT AMENDMENTS
        2008-
 WHAT THEY ENTAIL
   FOR CORPORATE
       INDIA?
A PRESENTATION
          BY
     PAVAN DUGGAL,
       CHAIRMAN,
  ASSOCHAM CYBERLAW
      COMMITTEE
       ADVOCATE,
SUPREME COURT OF INDIA
  HEAD, PAVAN DUGGAL
       ASSOCIATES
22ND JANUARY, 2009


SCAM EMAIL CIRCULATED
EXTREMELY    DEFAMATORY AND
DEROGATORY STATEMENTS
EMAILS TRACED
DELHI HIGH COURT RESTRAINT
ORDER
CYBER LAW IN INDIA

In India the Information Technology Act,

2000 is the Mother Legislation that deals

with issues related to   use of computers,

computer systems , computer networks and

the Internet.
CYBER LAW IN INDIA

Information Technology Amendment Bill, 2006

Referred to Parliamentary Standing Committee on

IT

Standing Committee Report- 2007

Information Technology Amendment Bill, 2006
IT ACT AMENDMENTS


INFORMATION        TECHNOLOGY
AMENDMENT ACT, 2008
PASSED BY BOTH THE HOUSES OF
PARLIAMENT IN END DECEMBER,
2008
HISTORY REPEATS ITSELF.- 2000 /2008
COMPLIMENTS

GOVERNMENT    OF  INDIA    AND
PARLIAMENTARY         STANDING
COMMITTEE ON IT NEEDS TO BE
COMPLIMENTED FOR ALL THEIR
HARD WORK IN MAKING THE NEW
AMENDMENTS A REALITY
LOT   OF  MAJOR    SIGNIFICANT
ADVANCES MADE BY THE NEW
AMENDMENTS
TECHNOLOGY NEUTRAL LAW

Amendments have made the Information
Technology Act, 2000 as a technology neutral
legislation
instead of, digital signatures, the law has come up
with a more broad generic concept of electronic
signatures
paved the way for removing the implementation of
the IT Act by removing certain undesirable
wordings in some sections
CYBER TERRORISM

for the first time, defined the concept of cyber
terrorism and has made it a heinous crime.
cyber terrorism as an offence that has been made
punishable with life imprisonment and fine.
This move should do tremendous service to the
cause of the Indian nation as also the sovereignty ,
integrity and security of India.
Highly commendable move after Mumbai 26/11/
attacks
NEW CYBERCRIMES ADDED

provide far more exhaustive coverage of
cybercrimes in the law.
Various new cybercrimes have been added
like the activities defined in Section 43 of the
IT Act, 2000.
The new amendments have added identity
theft and phishing as cybercrimes .
have also covered breach of privacy, child
pornography as specific offences.
INTERCEPTION


The new amendments have strengthened
the hands of the nation by increasing the
ambit of the powers of interception of the
Government,
Interception, blocking and monitoring
powers     have been more detailed and
elaborately stated.
IT ACT AMENDMENTS &
        CORPORATES


HUGE RAMIFICATIONS OF THE NEW
AMENDMENTS      ON   CORPORATE
INDIA
LAW HAS BEGUN TO FLEX ITS
MUSCLES
THE CLOCK IS SLOWLY CHURNING
SECTION 2

(ha)“Communication Device” means cell
phones, personal digital assistance or
combination of both or any other device
used to communicate, send or transmit any
text, video, audio or image;’;
 (J)“computer network” means the inter-
connection of one or more computers or
computer systems or communication device
through
SECTION 2


(i) the use of satellite, microwave, terrestrial
line, wire, wireless or other communication
media; and
(ii) terminals or a complex consisting of two
or more inter-connected computers or
communication device whether or not the
inter-connection          is     continuously
maintained;’;
HACKING NO LONGER AN OFFENCE

 HACKING AS AN OFFENCE HAS BEEN
 DELETED FROM THE LAW BOOK.
 EXISTING SECTION 66 OF THE IT ACT,
 2000
 THE   SAID  SECTION    HAS   BEEN
 SUBSTITUTED BY NEW LANGUAGE
 EXISTING   LANGUAGE     OF    THE
 OFFENCE OF HACKING DOES NOT
 FIND MENTION IN THE CURRENT
 MANNER
YOUR FRIENDLY
CYBERCRIME LEGISLATION

 AMENDMENTS SEEK TO MAKE INDIAN
  CYBERLAW FRIENDLY CYBER CRIME
  LEGISLATION:
-   A  LEGISLATION    THAT   GOES
  EXTREMELY     SOFT   ON   CYBER
  CRIMINALS, WITH A SOFT HEART
CYBERCRIME FRIENDLY


A LEGISLATION THAT CHOOSES TO
ENCOURAGE CYBER CRIMINALS BY
LESSENING THE QUANTUM OF
PUNISHMENT ACCORDED TO THEM
IN THE EXISTING LAWS
CYBERCRIMES BALIABLE

DISTINCT ABSENCE OF LOGIC AND
RATIONALE IN REDUCING OF THE
QUANTUM OF PUNISHMENTS FOR
VARIOUS OFFENCES

NOW     CYBERCRIMES    TO     BE
INVESTIGATED NOT BY A DSP BUT BY
AN INSPECTOR
SECTION 6 A
Delivery of Services by Service Provider
(Inserted vide ITAA-2008)
The appropriate Government may, for the
purposes of this Chapter and for efficient
delivery of services to the public through
electronic means authorize, by order, any
service provider to set up, maintain and
upgrade the computerized facilities and
perform such other services as it may
specify, by notification in the Official
Gazette.
SECTION 6 A (Contd.)

Explanation: For the purposes of this
section, service provider so authorized
includes any individual, private agency,
private company, partnership firm, sole
proprietor form or any such other body or
agency which has been granted
permission      by    the      appropriate
Government to offer services through
electronic means in accordance with the
policy governing such service sector.
SECTION 6 A (Contd.)


The appropriate Government may also
authorize any service provider authorized
under sub-section (1) to collect, retain and
appropriate service charges, as may be
prescribed by the appropriate Government
for the purpose of providing such services,
from the person availing such service.
SECTION 6 A (Contd.)

Subject to the provisions of sub-section (2),
the appropriate Government may authorize
the service providers to collect, retain and
appropriate service charges under this
section notwithstanding the fact that there is
no express provision under the Act, rule,
regulation or notification under which the
service is provided to collect, retain and
appropriate e-service charges by the service
providers.
SECTION 6 A (Contd.)


The appropriate Government shall, by
notification in the Official Gazette, specify
the scale of service charges which may be
charged and collected by the service
providers under this section: Provided that
the appropriate Government may specify
different scale of service charges for different
types of services.
SECTION 43 A
Where a body corporate, possessing, dealing
or handling any sensitive personal data or
information in a computer resource which it
owns, controls or operates, is negligent in
implementing and maintaining reasonable
security practices and procedures and
thereby causes wrongful loss or wrongful
gain to any person, such body corporate
shall be liable to pay damages by way of
compensation, to the person so affected.
SECTION 43 A (contd.)


Explanation: For the purposes of this
section
quot;body corporatequot; means any company and
includes a firm, sole proprietorship or other
association of individuals engaged in
commercial or professional activities
SECTION 43 A (contd.)

quot;reasonable security practices and proceduresquot;
means security practices and procedures designed to
protect such information from unauthorised access,
damage,      use,    modification,     disclosure   or
impairment, as may be specified in an agreement
between the parties or as may be specified in any law
for the time being in force and in the absence of such
agreement or any law, such reasonable security
practices and procedures, as may be prescribed by
the Central Government in consultation with such
professional bodies or associations as it may deem
fit.
SECTION 43 A (contd.)


quot;Sensitive personal data or informationquot;
means such personal information as may be
prescribed by the Central Government in
consultation with such professional bodies
or associations as it may deem fit.
SECTION 79


Exemption from liability of intermediary in
certain cases . Notwithstanding anything
contained in any law for the time being in
force but subject to the provisions of sub-
sections (2) and (3), an intermediary shall
not be liable for any third party information,
data, or communication link made hosted by
him.
SECTION 79 (contd.)

The provisions of sub-section (1) shall apply
if-
(a) the function of the intermediary is
limited to providing access to a
communication       system    over     which
information made available by third
parties is transmitted or temporarily stored;
or
SECTION 79 (contd.)


(b) the intermediary does not-
(i) initiate the transmission,
(ii) select the receiver of the transmission,
and
(iii) select or modify the information
contained in the transmission
SECTION 79 (contd.)



(c) The intermediary observes due diligence
while discharging his duties under this Act
and also observes such other guidelines as
the Central Government may prescribe in
this behalf
SECTION 79 (contd.)



The provisions of sub-section (1) shall not
apply if- (a) the intermediary has conspired
or abetted or aided or induced whether by
threats or promise or otherwise in the
commission of the unlawful act.
SECTION 79 (contd.)

(b) upon receiving actual knowledge, or on
being    notified     by   the    appropriate
Government or its agency that any
information, data or communication link
residing in or connected to a computer
resource controlled by the intermediary is
being used to commit the unlawful act, the
intermediary fails to expeditiously remove or
disable access to that material on that
resource without vitiating the evidence in
any manner.
SECTION 79 (contd.)



Explanation:- For the purpose of this
section, the expression        quot;third party
informationquot; means any information dealt
with by an intermediary in his capacity as an
intermediary.
E-HAFTA AND CORPORATE INDIA

 INSPECTOR RAJ IN CYBERCRIME
 SCENARIO
 CONCEPT OF E-HAFTA WILL TAKE
 CONCRETE FEET
 CONCERNS OF CORPORATE INDIA
 REGARDING THEIR CONFIDENTIAL
 DATA AND INFORMATION NOT
 ADDRESSED
NEED OF THE HOUR


NEED TO PROTECT YOURSELF
TRY TO ADOPT CYBER SECURITY
PRACTICES
PREVENTION IS BETTER THAN CURE
FOCUS ON PROACTIVE ACTION
NEW CHALLENGES


SOCIAL NETWORKING
P2P
USER GENERATED CONTENT
SPYWARE AND MALWARE
E-DISCOVERY
INTERMEDIARIES & DUE DILIGENCE

  ALL COMPANIES COMING WITHIN
  THE        DEFINITION      OF
  INTERMEDIARIES NEED TO DO DUE
  DILIGENCE
  DUE DILIGENCE CRITICAL FOR
  LIMITATION OF LIABILITY
  DUE DILIGENCE NEEDS TO BE
  DOCUMENTED AND BE READILY
  AVAILABLE
PAVAN DUGGAL DUE DILIGENCE
      PROGRAMME, 2009
PAVAN DUGGAL DUE DILIGENCE
PROGRAMME VERSION 2009

CONDUCTED BY PAVAN     DUGGAL
ASSOCIATES,  INDIA’S    NICHE
TECHNOLOGY LAW FIRM

AN ASBOLUTE MUST FOR ALL
INTERMEDIARIES AND COMPANIES
PAVAN DUGGAL DUE DILIGENCE
      PROGRAMME, 2009

EXHAUSTIVE DUE DILIGENCE DONE
FOR ALL STAKEHOLDERS
NO REINEVENTION OF THE WHEEL
PROACTIVE PROTECTION KEEING IN
THE   MIND    THE  CUSTOMIZED
REQUIREMENTS OF THE RELEVANT
LEGAL ENTITY
PAVAN DUGGAL DUE DILIGENCE
      PROGRAMME, 2009

CRITICAL FOR COMPANIES AND
THEIR TOP MANAGEMENT TO GET
THE SAID DUE DILGENCE DONE

NEED TO LIMIT POTENTIAL LEGAL
EXPOSURE , BOTH CIVIL AND
CRIMINAL, FOR THE COMPANIES
AND THEIR TOP MANAGEMENTS
CYBERLAWS.NET SURVEY ON E-
       COMPLIANCE
Generate awareness & orientation about the
compliance requirements of Indian Cyber
Law
Sensitize people about :
   The level of compliances of their
  respective organizations pertaining to
  Indian Cyber Law.
   Possibility of exposures to potential risks.
CYBERLAWS.NET SURVEY ON
     E-COMPLIANCE
CYBERLAWS.NET SURVEY ON
  E-COMPLIANCE ( contd)
CYBERLAWS.NET SURVEY ON
   E-COMPLIANCE( contd)

To take the survey & know your present
compliance situation visit the following web
address :

   http://cyberlaws.net/ecompliance
IT Act Amendments, December 2008
IT Act Amendments, 2008
For details visit:

www.cyberlaws.net/itamendments

Or

www.cyberlawindia.com
A PRESENTATION
         BY
   PAVAN DUGGAL,
 ADVOCATE, SUPREME
   COURT OF INDIA
    PAVAN DUGGAL
     ASSOCIATES

EMAIL : pduggal@vsnl.com
  pduggal@gmail.com

More Related Content

What's hot

Digital signatures
Digital signaturesDigital signatures
Digital signaturesatuljaybhaye
 
Information technology ACT - 2000 (Legal Aspect of Business)
Information technology ACT - 2000 (Legal Aspect of Business)Information technology ACT - 2000 (Legal Aspect of Business)
Information technology ACT - 2000 (Legal Aspect of Business)Parth Patel
 
Information Technology Act 2000
Information Technology Act 2000Information Technology Act 2000
Information Technology Act 2000Dr. Heera Lal IAS
 
Cyber Obscenity
Cyber ObscenityCyber Obscenity
Cyber Obscenitysneha164
 
Information Technology Act 2000 - Santosh K Pathak
Information Technology Act 2000 - Santosh K PathakInformation Technology Act 2000 - Santosh K Pathak
Information Technology Act 2000 - Santosh K PathakDipayan Sarkar
 
Information technology-act 2000
Information technology-act 2000Information technology-act 2000
Information technology-act 2000Onkar Sule
 
Information Technology Act
Information Technology ActInformation Technology Act
Information Technology Actmaruhope
 
Electronic signature
Electronic signatureElectronic signature
Electronic signatureSonu Mishra
 
Laws governing the internet service provider & there rights and liabilities.
Laws governing the internet service provider & there rights and liabilities.Laws governing the internet service provider & there rights and liabilities.
Laws governing the internet service provider & there rights and liabilities.Gaurav Chordia
 
Information technology act 2000
Information technology act 2000Information technology act 2000
Information technology act 2000Akash Varaiya
 
E comm faria-modellaw
E comm faria-modellawE comm faria-modellaw
E comm faria-modellawIrene Tan
 
Cyber Law and Information Technology Act 2000 with case studies
Cyber Law and Information Technology Act 2000 with case studiesCyber Law and Information Technology Act 2000 with case studies
Cyber Law and Information Technology Act 2000 with case studiesSneha J Chouhan
 
Roots of Indian IT ACT 2000- UNCITRAL
Roots of Indian IT ACT 2000-  UNCITRALRoots of Indian IT ACT 2000-  UNCITRAL
Roots of Indian IT ACT 2000- UNCITRALRahul Gurnani
 
Cybercrime Investigations and IT Act,2000
Cybercrime Investigations and IT Act,2000Cybercrime Investigations and IT Act,2000
Cybercrime Investigations and IT Act,2000Karnika Seth
 

What's hot (20)

It act law ppt
It act law pptIt act law ppt
It act law ppt
 
Digital signatures
Digital signaturesDigital signatures
Digital signatures
 
IT Act 2000
IT Act 2000IT Act 2000
IT Act 2000
 
Cybercrime investigation
Cybercrime investigationCybercrime investigation
Cybercrime investigation
 
Information technology ACT - 2000 (Legal Aspect of Business)
Information technology ACT - 2000 (Legal Aspect of Business)Information technology ACT - 2000 (Legal Aspect of Business)
Information technology ACT - 2000 (Legal Aspect of Business)
 
Information Technology Act 2000
Information Technology Act 2000Information Technology Act 2000
Information Technology Act 2000
 
Cyber Obscenity
Cyber ObscenityCyber Obscenity
Cyber Obscenity
 
Information Technology Act 2000 - Santosh K Pathak
Information Technology Act 2000 - Santosh K PathakInformation Technology Act 2000 - Santosh K Pathak
Information Technology Act 2000 - Santosh K Pathak
 
Information technology-act 2000
Information technology-act 2000Information technology-act 2000
Information technology-act 2000
 
Cyber law
Cyber lawCyber law
Cyber law
 
Information Technology Act
Information Technology ActInformation Technology Act
Information Technology Act
 
It act 2000
It act 2000It act 2000
It act 2000
 
Electronic signature
Electronic signatureElectronic signature
Electronic signature
 
Laws governing the internet service provider & there rights and liabilities.
Laws governing the internet service provider & there rights and liabilities.Laws governing the internet service provider & there rights and liabilities.
Laws governing the internet service provider & there rights and liabilities.
 
Information technology act 2000
Information technology act 2000Information technology act 2000
Information technology act 2000
 
E comm faria-modellaw
E comm faria-modellawE comm faria-modellaw
E comm faria-modellaw
 
Cyber Law and Information Technology Act 2000 with case studies
Cyber Law and Information Technology Act 2000 with case studiesCyber Law and Information Technology Act 2000 with case studies
Cyber Law and Information Technology Act 2000 with case studies
 
Roots of Indian IT ACT 2000- UNCITRAL
Roots of Indian IT ACT 2000-  UNCITRALRoots of Indian IT ACT 2000-  UNCITRAL
Roots of Indian IT ACT 2000- UNCITRAL
 
Cybercrime Investigations and IT Act,2000
Cybercrime Investigations and IT Act,2000Cybercrime Investigations and IT Act,2000
Cybercrime Investigations and IT Act,2000
 
Introduction to cyber law.
Introduction to cyber law. Introduction to cyber law.
Introduction to cyber law.
 

Viewers also liked

Information technology act
Information technology actInformation technology act
Information technology actAKSHAY KHATRI
 
Information technology-act 2000- an overview-sethassociatesppt
Information technology-act 2000- an overview-sethassociatespptInformation technology-act 2000- an overview-sethassociatesppt
Information technology-act 2000- an overview-sethassociatespptDiya Mirza
 
An Introduction to Cyber Law - I.T. Act 2000 (India)
An Introduction to Cyber Law - I.T. Act 2000 (India)An Introduction to Cyber Law - I.T. Act 2000 (India)
An Introduction to Cyber Law - I.T. Act 2000 (India)Chetan Bharadwaj
 
Overview of Computer & Internet Crimes in India
Overview of Computer & Internet Crimes in IndiaOverview of Computer & Internet Crimes in India
Overview of Computer & Internet Crimes in Indiagsmonga
 
Cyber Law Discussion - Team One I1MBA11
Cyber Law Discussion - Team One I1MBA11Cyber Law Discussion - Team One I1MBA11
Cyber Law Discussion - Team One I1MBA11TeamOneI1MBA11
 
9 things about indian cyber law prashant mali
9 things about indian cyber law   prashant mali9 things about indian cyber law   prashant mali
9 things about indian cyber law prashant maliAdv Prashant Mali
 
Information Technology Amendment Act 2008
Information Technology Amendment Act 2008Information Technology Amendment Act 2008
Information Technology Amendment Act 2008Nanda Mohan Shenoy
 
The cyber law regime in India
The cyber law regime in IndiaThe cyber law regime in India
The cyber law regime in IndiaShankey Gupta
 
Introduction to Cyber law (IT Act 2000)
Introduction to Cyber law (IT Act 2000)Introduction to Cyber law (IT Act 2000)
Introduction to Cyber law (IT Act 2000)Ambar Deo
 
introduction to cyber law and cyber crime
introduction to cyber law and cyber crimeintroduction to cyber law and cyber crime
introduction to cyber law and cyber crimeAbhinav Tyagi
 
Law relating to information technology
Law relating to information technologyLaw relating to information technology
Law relating to information technologyDr. Trilok Kumar Jain
 
Cyber laws in India
Cyber laws in IndiaCyber laws in India
Cyber laws in Indiasaumi17
 

Viewers also liked (20)

It act ppt ( 1111)
It act ppt ( 1111)It act ppt ( 1111)
It act ppt ( 1111)
 
Information technology act
Information technology actInformation technology act
Information technology act
 
Cyber Laws
Cyber LawsCyber Laws
Cyber Laws
 
Cyber law
Cyber lawCyber law
Cyber law
 
Information technology-act 2000- an overview-sethassociatesppt
Information technology-act 2000- an overview-sethassociatespptInformation technology-act 2000- an overview-sethassociatesppt
Information technology-act 2000- an overview-sethassociatesppt
 
An Introduction to Cyber Law - I.T. Act 2000 (India)
An Introduction to Cyber Law - I.T. Act 2000 (India)An Introduction to Cyber Law - I.T. Act 2000 (India)
An Introduction to Cyber Law - I.T. Act 2000 (India)
 
Introduction 2017
Introduction 2017Introduction 2017
Introduction 2017
 
Information Technology Act 2000
Information Technology Act 2000Information Technology Act 2000
Information Technology Act 2000
 
IT ACT-OVERVIEW
IT ACT-OVERVIEWIT ACT-OVERVIEW
IT ACT-OVERVIEW
 
it act
it act it act
it act
 
Overview of Computer & Internet Crimes in India
Overview of Computer & Internet Crimes in IndiaOverview of Computer & Internet Crimes in India
Overview of Computer & Internet Crimes in India
 
Cyber Law Discussion - Team One I1MBA11
Cyber Law Discussion - Team One I1MBA11Cyber Law Discussion - Team One I1MBA11
Cyber Law Discussion - Team One I1MBA11
 
IT Act,2000 - Law
IT Act,2000 - LawIT Act,2000 - Law
IT Act,2000 - Law
 
9 things about indian cyber law prashant mali
9 things about indian cyber law   prashant mali9 things about indian cyber law   prashant mali
9 things about indian cyber law prashant mali
 
Information Technology Amendment Act 2008
Information Technology Amendment Act 2008Information Technology Amendment Act 2008
Information Technology Amendment Act 2008
 
The cyber law regime in India
The cyber law regime in IndiaThe cyber law regime in India
The cyber law regime in India
 
Introduction to Cyber law (IT Act 2000)
Introduction to Cyber law (IT Act 2000)Introduction to Cyber law (IT Act 2000)
Introduction to Cyber law (IT Act 2000)
 
introduction to cyber law and cyber crime
introduction to cyber law and cyber crimeintroduction to cyber law and cyber crime
introduction to cyber law and cyber crime
 
Law relating to information technology
Law relating to information technologyLaw relating to information technology
Law relating to information technology
 
Cyber laws in India
Cyber laws in IndiaCyber laws in India
Cyber laws in India
 

Similar to IT Act Amendments 2008 and Implications for Corporate India

INDIAN CYBERLAW AND SECURITY
INDIAN CYBERLAW AND SECURITYINDIAN CYBERLAW AND SECURITY
INDIAN CYBERLAW AND SECURITYpattok
 
Nadeem cyber law assignment
Nadeem cyber law assignmentNadeem cyber law assignment
Nadeem cyber law assignmentNadeem Kazi
 
Infosec Law It Web (March 2006)
Infosec Law It Web (March 2006)Infosec Law It Web (March 2006)
Infosec Law It Web (March 2006)Lance Michalson
 
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...pattok
 
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...anthony4web
 
IPTV IN INDIA SOME LEGAL PERSPECTIVES
IPTV IN INDIA SOME LEGAL PERSPECTIVESIPTV IN INDIA SOME LEGAL PERSPECTIVES
IPTV IN INDIA SOME LEGAL PERSPECTIVESpattok
 
LEGAL STRATEGIES FOR INDIAN BPOs – POST KKARAN BAHREE CASE
LEGAL STRATEGIES FOR INDIAN BPOs –POST KKARAN BAHREE CASELEGAL STRATEGIES FOR INDIAN BPOs –POST KKARAN BAHREE CASE
LEGAL STRATEGIES FOR INDIAN BPOs – POST KKARAN BAHREE CASEanthony4web
 
The Cyber Law regime in India.ppt
The Cyber Law regime in India.pptThe Cyber Law regime in India.ppt
The Cyber Law regime in India.pptMaruthi N.E
 
CYBERCRIMES AND DUE DILIGENCE
CYBERCRIMES AND DUE DILIGENCECYBERCRIMES AND DUE DILIGENCE
CYBERCRIMES AND DUE DILIGENCEanthony4web
 
UNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docx
UNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docxUNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docx
UNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docxlillie234567
 
Safe harbour protection_for_mobile_service_pro
Safe harbour protection_for_mobile_service_proSafe harbour protection_for_mobile_service_pro
Safe harbour protection_for_mobile_service_proTalwant Singh
 
Information technology and law and trai
Information technology and law and traiInformation technology and law and trai
Information technology and law and traiHimanshu Jawa
 
p Project Presentatimnkhihihihihihon.pdf
p Project Presentatimnkhihihihihihon.pdfp Project Presentatimnkhihihihihihon.pdf
p Project Presentatimnkhihihihihihon.pdfbadangayonmgb
 
Legal Obligations of Technology Service Providers as Intermediaries
Legal Obligations of Technology Service Providers as IntermediariesLegal Obligations of Technology Service Providers as Intermediaries
Legal Obligations of Technology Service Providers as IntermediariesEquiCorp Associates
 

Similar to IT Act Amendments 2008 and Implications for Corporate India (20)

INDIAN CYBERLAW AND SECURITY
INDIAN CYBERLAW AND SECURITYINDIAN CYBERLAW AND SECURITY
INDIAN CYBERLAW AND SECURITY
 
Nadeem cyber law assignment
Nadeem cyber law assignmentNadeem cyber law assignment
Nadeem cyber law assignment
 
Infosec Law It Web (March 2006)
Infosec Law It Web (March 2006)Infosec Law It Web (March 2006)
Infosec Law It Web (March 2006)
 
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVES...
 
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...
POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVE-...
 
Cyber crime
Cyber crimeCyber crime
Cyber crime
 
Cyber crime 1
Cyber crime 1Cyber crime 1
Cyber crime 1
 
IPTV IN INDIA SOME LEGAL PERSPECTIVES
IPTV IN INDIA SOME LEGAL PERSPECTIVESIPTV IN INDIA SOME LEGAL PERSPECTIVES
IPTV IN INDIA SOME LEGAL PERSPECTIVES
 
cyberlaw
cyberlawcyberlaw
cyberlaw
 
LEGAL STRATEGIES FOR INDIAN BPOs – POST KKARAN BAHREE CASE
LEGAL STRATEGIES FOR INDIAN BPOs –POST KKARAN BAHREE CASELEGAL STRATEGIES FOR INDIAN BPOs –POST KKARAN BAHREE CASE
LEGAL STRATEGIES FOR INDIAN BPOs – POST KKARAN BAHREE CASE
 
The Cyber Law regime in India.ppt
The Cyber Law regime in India.pptThe Cyber Law regime in India.ppt
The Cyber Law regime in India.ppt
 
CYBERCRIMES AND DUE DILIGENCE
CYBERCRIMES AND DUE DILIGENCECYBERCRIMES AND DUE DILIGENCE
CYBERCRIMES AND DUE DILIGENCE
 
Cyber Law
Cyber LawCyber Law
Cyber Law
 
The Indian IT act.pptx
The Indian IT act.pptxThe Indian IT act.pptx
The Indian IT act.pptx
 
Cyber Law
Cyber LawCyber Law
Cyber Law
 
UNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docx
UNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docxUNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docx
UNOFFICIALTRANSLATIONLawonCombatingCybercrimeint.docx
 
Safe harbour protection_for_mobile_service_pro
Safe harbour protection_for_mobile_service_proSafe harbour protection_for_mobile_service_pro
Safe harbour protection_for_mobile_service_pro
 
Information technology and law and trai
Information technology and law and traiInformation technology and law and trai
Information technology and law and trai
 
p Project Presentatimnkhihihihihihon.pdf
p Project Presentatimnkhihihihihihon.pdfp Project Presentatimnkhihihihihihon.pdf
p Project Presentatimnkhihihihihihon.pdf
 
Legal Obligations of Technology Service Providers as Intermediaries
Legal Obligations of Technology Service Providers as IntermediariesLegal Obligations of Technology Service Providers as Intermediaries
Legal Obligations of Technology Service Providers as Intermediaries
 

Recently uploaded

Call Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City GurgaonCall Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City Gurgaoncallgirls2057
 
Market Sizes Sample Report - 2024 Edition
Market Sizes Sample Report - 2024 EditionMarket Sizes Sample Report - 2024 Edition
Market Sizes Sample Report - 2024 EditionMintel Group
 
Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!
Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!
Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!Doge Mining Website
 
Financial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptxFinancial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptxsaniyaimamuddin
 
Call Girls Contact Number Andheri 9920874524
Call Girls Contact Number Andheri 9920874524Call Girls Contact Number Andheri 9920874524
Call Girls Contact Number Andheri 9920874524najka9823
 
Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024Kirill Klimov
 
Call US-88OO1O2216 Call Girls In Mahipalpur Female Escort Service
Call US-88OO1O2216 Call Girls In Mahipalpur Female Escort ServiceCall US-88OO1O2216 Call Girls In Mahipalpur Female Escort Service
Call US-88OO1O2216 Call Girls In Mahipalpur Female Escort Servicecallgirls2057
 
APRIL2024_UKRAINE_xml_0000000000000 .pdf
APRIL2024_UKRAINE_xml_0000000000000 .pdfAPRIL2024_UKRAINE_xml_0000000000000 .pdf
APRIL2024_UKRAINE_xml_0000000000000 .pdfRbc Rbcua
 
TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024Adnet Communications
 
Annual General Meeting Presentation Slides
Annual General Meeting Presentation SlidesAnnual General Meeting Presentation Slides
Annual General Meeting Presentation SlidesKeppelCorporation
 
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCRashishs7044
 
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCRashishs7044
 
Chapter 9 PPT 4th edition.pdf internal audit
Chapter 9 PPT 4th edition.pdf internal auditChapter 9 PPT 4th edition.pdf internal audit
Chapter 9 PPT 4th edition.pdf internal auditNhtLNguyn9
 
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptxThe-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptxmbikashkanyari
 
Investment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy CheruiyotInvestment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy Cheruiyotictsugar
 
Darshan Hiranandani [News About Next CEO].pdf
Darshan Hiranandani [News About Next CEO].pdfDarshan Hiranandani [News About Next CEO].pdf
Darshan Hiranandani [News About Next CEO].pdfShashank Mehta
 
8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCR8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCRashishs7044
 
(Best) ENJOY Call Girls in Faridabad Ex | 8377087607
(Best) ENJOY Call Girls in Faridabad Ex | 8377087607(Best) ENJOY Call Girls in Faridabad Ex | 8377087607
(Best) ENJOY Call Girls in Faridabad Ex | 8377087607dollysharma2066
 
Cyber Security Training in Office Environment
Cyber Security Training in Office EnvironmentCyber Security Training in Office Environment
Cyber Security Training in Office Environmentelijahj01012
 

Recently uploaded (20)

Call Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City GurgaonCall Us 📲8800102216📞 Call Girls In DLF City Gurgaon
Call Us 📲8800102216📞 Call Girls In DLF City Gurgaon
 
Market Sizes Sample Report - 2024 Edition
Market Sizes Sample Report - 2024 EditionMarket Sizes Sample Report - 2024 Edition
Market Sizes Sample Report - 2024 Edition
 
Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!
Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!
Unlocking the Future: Explore Web 3.0 Workshop to Start Earning Today!
 
Financial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptxFinancial-Statement-Analysis-of-Coca-cola-Company.pptx
Financial-Statement-Analysis-of-Coca-cola-Company.pptx
 
Call Girls Contact Number Andheri 9920874524
Call Girls Contact Number Andheri 9920874524Call Girls Contact Number Andheri 9920874524
Call Girls Contact Number Andheri 9920874524
 
Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024Flow Your Strategy at Flight Levels Day 2024
Flow Your Strategy at Flight Levels Day 2024
 
Call US-88OO1O2216 Call Girls In Mahipalpur Female Escort Service
Call US-88OO1O2216 Call Girls In Mahipalpur Female Escort ServiceCall US-88OO1O2216 Call Girls In Mahipalpur Female Escort Service
Call US-88OO1O2216 Call Girls In Mahipalpur Female Escort Service
 
APRIL2024_UKRAINE_xml_0000000000000 .pdf
APRIL2024_UKRAINE_xml_0000000000000 .pdfAPRIL2024_UKRAINE_xml_0000000000000 .pdf
APRIL2024_UKRAINE_xml_0000000000000 .pdf
 
TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024TriStar Gold Corporate Presentation - April 2024
TriStar Gold Corporate Presentation - April 2024
 
Corporate Profile 47Billion Information Technology
Corporate Profile 47Billion Information TechnologyCorporate Profile 47Billion Information Technology
Corporate Profile 47Billion Information Technology
 
Annual General Meeting Presentation Slides
Annual General Meeting Presentation SlidesAnnual General Meeting Presentation Slides
Annual General Meeting Presentation Slides
 
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
8447779800, Low rate Call girls in Kotla Mubarakpur Delhi NCR
 
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
8447779800, Low rate Call girls in Uttam Nagar Delhi NCR
 
Chapter 9 PPT 4th edition.pdf internal audit
Chapter 9 PPT 4th edition.pdf internal auditChapter 9 PPT 4th edition.pdf internal audit
Chapter 9 PPT 4th edition.pdf internal audit
 
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptxThe-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
The-Ethical-issues-ghhhhhhhhjof-Byjus.pptx
 
Investment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy CheruiyotInvestment in The Coconut Industry by Nancy Cheruiyot
Investment in The Coconut Industry by Nancy Cheruiyot
 
Darshan Hiranandani [News About Next CEO].pdf
Darshan Hiranandani [News About Next CEO].pdfDarshan Hiranandani [News About Next CEO].pdf
Darshan Hiranandani [News About Next CEO].pdf
 
8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCR8447779800, Low rate Call girls in Saket Delhi NCR
8447779800, Low rate Call girls in Saket Delhi NCR
 
(Best) ENJOY Call Girls in Faridabad Ex | 8377087607
(Best) ENJOY Call Girls in Faridabad Ex | 8377087607(Best) ENJOY Call Girls in Faridabad Ex | 8377087607
(Best) ENJOY Call Girls in Faridabad Ex | 8377087607
 
Cyber Security Training in Office Environment
Cyber Security Training in Office EnvironmentCyber Security Training in Office Environment
Cyber Security Training in Office Environment
 

IT Act Amendments 2008 and Implications for Corporate India

  • 1. IT ACT AMENDMENTS 2008- WHAT THEY ENTAIL FOR CORPORATE INDIA?
  • 2. A PRESENTATION BY PAVAN DUGGAL, CHAIRMAN, ASSOCHAM CYBERLAW COMMITTEE ADVOCATE, SUPREME COURT OF INDIA HEAD, PAVAN DUGGAL ASSOCIATES
  • 3. 22ND JANUARY, 2009 SCAM EMAIL CIRCULATED EXTREMELY DEFAMATORY AND DEROGATORY STATEMENTS EMAILS TRACED DELHI HIGH COURT RESTRAINT ORDER
  • 4. CYBER LAW IN INDIA In India the Information Technology Act, 2000 is the Mother Legislation that deals with issues related to use of computers, computer systems , computer networks and the Internet.
  • 5. CYBER LAW IN INDIA Information Technology Amendment Bill, 2006 Referred to Parliamentary Standing Committee on IT Standing Committee Report- 2007 Information Technology Amendment Bill, 2006
  • 6. IT ACT AMENDMENTS INFORMATION TECHNOLOGY AMENDMENT ACT, 2008 PASSED BY BOTH THE HOUSES OF PARLIAMENT IN END DECEMBER, 2008 HISTORY REPEATS ITSELF.- 2000 /2008
  • 7. COMPLIMENTS GOVERNMENT OF INDIA AND PARLIAMENTARY STANDING COMMITTEE ON IT NEEDS TO BE COMPLIMENTED FOR ALL THEIR HARD WORK IN MAKING THE NEW AMENDMENTS A REALITY LOT OF MAJOR SIGNIFICANT ADVANCES MADE BY THE NEW AMENDMENTS
  • 8. TECHNOLOGY NEUTRAL LAW Amendments have made the Information Technology Act, 2000 as a technology neutral legislation instead of, digital signatures, the law has come up with a more broad generic concept of electronic signatures paved the way for removing the implementation of the IT Act by removing certain undesirable wordings in some sections
  • 9. CYBER TERRORISM for the first time, defined the concept of cyber terrorism and has made it a heinous crime. cyber terrorism as an offence that has been made punishable with life imprisonment and fine. This move should do tremendous service to the cause of the Indian nation as also the sovereignty , integrity and security of India. Highly commendable move after Mumbai 26/11/ attacks
  • 10. NEW CYBERCRIMES ADDED provide far more exhaustive coverage of cybercrimes in the law. Various new cybercrimes have been added like the activities defined in Section 43 of the IT Act, 2000. The new amendments have added identity theft and phishing as cybercrimes . have also covered breach of privacy, child pornography as specific offences.
  • 11. INTERCEPTION The new amendments have strengthened the hands of the nation by increasing the ambit of the powers of interception of the Government, Interception, blocking and monitoring powers have been more detailed and elaborately stated.
  • 12. IT ACT AMENDMENTS & CORPORATES HUGE RAMIFICATIONS OF THE NEW AMENDMENTS ON CORPORATE INDIA LAW HAS BEGUN TO FLEX ITS MUSCLES THE CLOCK IS SLOWLY CHURNING
  • 13. SECTION 2 (ha)“Communication Device” means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image;’; (J)“computer network” means the inter- connection of one or more computers or computer systems or communication device through
  • 14. SECTION 2 (i) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and (ii) terminals or a complex consisting of two or more inter-connected computers or communication device whether or not the inter-connection is continuously maintained;’;
  • 15. HACKING NO LONGER AN OFFENCE HACKING AS AN OFFENCE HAS BEEN DELETED FROM THE LAW BOOK. EXISTING SECTION 66 OF THE IT ACT, 2000 THE SAID SECTION HAS BEEN SUBSTITUTED BY NEW LANGUAGE EXISTING LANGUAGE OF THE OFFENCE OF HACKING DOES NOT FIND MENTION IN THE CURRENT MANNER
  • 16. YOUR FRIENDLY CYBERCRIME LEGISLATION AMENDMENTS SEEK TO MAKE INDIAN CYBERLAW FRIENDLY CYBER CRIME LEGISLATION: - A LEGISLATION THAT GOES EXTREMELY SOFT ON CYBER CRIMINALS, WITH A SOFT HEART
  • 17. CYBERCRIME FRIENDLY A LEGISLATION THAT CHOOSES TO ENCOURAGE CYBER CRIMINALS BY LESSENING THE QUANTUM OF PUNISHMENT ACCORDED TO THEM IN THE EXISTING LAWS
  • 18. CYBERCRIMES BALIABLE DISTINCT ABSENCE OF LOGIC AND RATIONALE IN REDUCING OF THE QUANTUM OF PUNISHMENTS FOR VARIOUS OFFENCES NOW CYBERCRIMES TO BE INVESTIGATED NOT BY A DSP BUT BY AN INSPECTOR
  • 19. SECTION 6 A Delivery of Services by Service Provider (Inserted vide ITAA-2008) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorize, by order, any service provider to set up, maintain and upgrade the computerized facilities and perform such other services as it may specify, by notification in the Official Gazette.
  • 20. SECTION 6 A (Contd.) Explanation: For the purposes of this section, service provider so authorized includes any individual, private agency, private company, partnership firm, sole proprietor form or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.
  • 21. SECTION 6 A (Contd.) The appropriate Government may also authorize any service provider authorized under sub-section (1) to collect, retain and appropriate service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.
  • 22. SECTION 6 A (Contd.) Subject to the provisions of sub-section (2), the appropriate Government may authorize the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.
  • 23. SECTION 6 A (Contd.) The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: Provided that the appropriate Government may specify different scale of service charges for different types of services.
  • 24. SECTION 43 A Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, to the person so affected.
  • 25. SECTION 43 A (contd.) Explanation: For the purposes of this section quot;body corporatequot; means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities
  • 26. SECTION 43 A (contd.) quot;reasonable security practices and proceduresquot; means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.
  • 27. SECTION 43 A (contd.) quot;Sensitive personal data or informationquot; means such personal information as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit.
  • 28. SECTION 79 Exemption from liability of intermediary in certain cases . Notwithstanding anything contained in any law for the time being in force but subject to the provisions of sub- sections (2) and (3), an intermediary shall not be liable for any third party information, data, or communication link made hosted by him.
  • 29. SECTION 79 (contd.) The provisions of sub-section (1) shall apply if- (a) the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored; or
  • 30. SECTION 79 (contd.) (b) the intermediary does not- (i) initiate the transmission, (ii) select the receiver of the transmission, and (iii) select or modify the information contained in the transmission
  • 31. SECTION 79 (contd.) (c) The intermediary observes due diligence while discharging his duties under this Act and also observes such other guidelines as the Central Government may prescribe in this behalf
  • 32. SECTION 79 (contd.) The provisions of sub-section (1) shall not apply if- (a) the intermediary has conspired or abetted or aided or induced whether by threats or promise or otherwise in the commission of the unlawful act.
  • 33. SECTION 79 (contd.) (b) upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.
  • 34. SECTION 79 (contd.) Explanation:- For the purpose of this section, the expression quot;third party informationquot; means any information dealt with by an intermediary in his capacity as an intermediary.
  • 35. E-HAFTA AND CORPORATE INDIA INSPECTOR RAJ IN CYBERCRIME SCENARIO CONCEPT OF E-HAFTA WILL TAKE CONCRETE FEET CONCERNS OF CORPORATE INDIA REGARDING THEIR CONFIDENTIAL DATA AND INFORMATION NOT ADDRESSED
  • 36. NEED OF THE HOUR NEED TO PROTECT YOURSELF TRY TO ADOPT CYBER SECURITY PRACTICES PREVENTION IS BETTER THAN CURE FOCUS ON PROACTIVE ACTION
  • 37. NEW CHALLENGES SOCIAL NETWORKING P2P USER GENERATED CONTENT SPYWARE AND MALWARE E-DISCOVERY
  • 38. INTERMEDIARIES & DUE DILIGENCE ALL COMPANIES COMING WITHIN THE DEFINITION OF INTERMEDIARIES NEED TO DO DUE DILIGENCE DUE DILIGENCE CRITICAL FOR LIMITATION OF LIABILITY DUE DILIGENCE NEEDS TO BE DOCUMENTED AND BE READILY AVAILABLE
  • 39. PAVAN DUGGAL DUE DILIGENCE PROGRAMME, 2009 PAVAN DUGGAL DUE DILIGENCE PROGRAMME VERSION 2009 CONDUCTED BY PAVAN DUGGAL ASSOCIATES, INDIA’S NICHE TECHNOLOGY LAW FIRM AN ASBOLUTE MUST FOR ALL INTERMEDIARIES AND COMPANIES
  • 40. PAVAN DUGGAL DUE DILIGENCE PROGRAMME, 2009 EXHAUSTIVE DUE DILIGENCE DONE FOR ALL STAKEHOLDERS NO REINEVENTION OF THE WHEEL PROACTIVE PROTECTION KEEING IN THE MIND THE CUSTOMIZED REQUIREMENTS OF THE RELEVANT LEGAL ENTITY
  • 41. PAVAN DUGGAL DUE DILIGENCE PROGRAMME, 2009 CRITICAL FOR COMPANIES AND THEIR TOP MANAGEMENT TO GET THE SAID DUE DILGENCE DONE NEED TO LIMIT POTENTIAL LEGAL EXPOSURE , BOTH CIVIL AND CRIMINAL, FOR THE COMPANIES AND THEIR TOP MANAGEMENTS
  • 42. CYBERLAWS.NET SURVEY ON E- COMPLIANCE Generate awareness & orientation about the compliance requirements of Indian Cyber Law Sensitize people about : The level of compliances of their respective organizations pertaining to Indian Cyber Law. Possibility of exposures to potential risks.
  • 43. CYBERLAWS.NET SURVEY ON E-COMPLIANCE
  • 44. CYBERLAWS.NET SURVEY ON E-COMPLIANCE ( contd)
  • 45. CYBERLAWS.NET SURVEY ON E-COMPLIANCE( contd) To take the survey & know your present compliance situation visit the following web address : http://cyberlaws.net/ecompliance
  • 46. IT Act Amendments, December 2008
  • 47. IT Act Amendments, 2008 For details visit: www.cyberlaws.net/itamendments Or www.cyberlawindia.com
  • 48. A PRESENTATION BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA PAVAN DUGGAL ASSOCIATES EMAIL : pduggal@vsnl.com pduggal@gmail.com