THE FRAMEWORK

Information technology (IT) laws and practice in India are governed by a range of statutes and regulations, including the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, among others. Here are some key points to keep in mind:

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• Digital Signatures: The Information Technology Act, 2000 provides for the use of digital signatures as a means of authenticating electronic records.

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• E-commerce: The Act also provides for the regulation of electronic commerce in India, including provisions on electronic contracts, online dispute resolution, and electronic payments. The Indian government has also introduced various regulations to govern e-commerce transactions in the country, including the Consumer Protection (E-commerce) Rules, 2020.

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• Cybercrime: The Act criminalizes various forms of cybercrime, such as hacking, identity theft, and phishing. It also provides for the establishment of cybercrime investigation and forensics units.

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• Data Protection: The Personal Data Protection Bill, 2019 is currently under consideration by the Indian Parliament. Once passed, the law will regulate the processing and transfer of personal data in India.

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• Intermediary Liability: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 regulate the liability of intermediaries, such as social media platforms, for user-generated content. The rules require intermediaries to comply with various obligations, such as implementing content takedown mechanisms and providing traceability of messages.

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• Intellectual Property: The IT laws in India also provide for the protection of intellectual property in the digital environment, including provisions on online copyright infringement, digital rights management, and software piracy.

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• Jurisdiction: The Information Technology Act, 2000 provides for the establishment of Cyber Appellate Tribunals and Cyber Regulations Advisory Committees to adjudicate on disputes related to IT laws in India.

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SANGHAVI & PARTNERS ADVANTAGE

Sanghavi & Partners' IT practice provides legal assistance to clients on a range of matters, including data privacy and protection, cybercrime, e-commerce, intellectual property, and technology-related disputes. The firm advises clients on compliance with the various IT laws and regulations in India and helps them navigate the complex legal and regulatory landscape. The team also draft privacy policy, technology agreements, technology transfer agreements, technology procurement agreement, technology service agreements etc.

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The firm's IT lawyers also advise clients on legal issues related to emerging technologies, such as blockchain, artificial intelligence, and the Internet of Things. The team is well-versed in the legal and regulatory challenges associated with these technologies and provides clients with practical and effective solutions.