THE LAW & IT
MANAGER
A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF
INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL ASSOCIATES
GURUJI.COM SEARCH ENGINE –
CRIMINAL ACTION
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copyright holders
VYAKTI VIKAS KENDRA INDIA
PUBLIC V/S JITENDRA BAGGA &
ORS.
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copyright holders
NIRMALJIT SINGH NARULA
Vs. INDIJOBS AT
HUBPAGES.COM & ORS
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respective copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 How
many of people present here, are
from companies or have companies as
clients who do business with the
following:
DIGITAL ASSETS
HOW MANY OF YOUR COMPANIES USE THE FOLLOWING DIGITAL
ASSETS?
CD/DVD’S
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copyright holders
DIGITAL ASSETS (CONTD.)
CELLPHONES
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copyright holders
DIGITAL ASSETS (CONTD.)
STORAGE MEDIA
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copyright holders
DIGITAL ASSETS (CONTD.)
SERVER
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copyright holders
DIGITAL ASSETS (CONTD.)
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 Do
your or your clients’ businesses deal
with data and information in the
electronic form?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 Does
your or your client’s company provides
mobile phones and smart devices to its
employees for doing business?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW

Do you or your clients rely upon e-mail
for purposes of carrying on your
business?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
Does
your or your clients’ company use social
media for the purposes of reaching out to its
customers?
CONCLUSION
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
Do
you or your clients send out SMSs and other
mobile communications or e-mail communications
to your customers?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 Is
your or your client’s company dealing
with sensitive persona data or information?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 Have
you or your clients adopted reasonable
security practices and procedures?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
© of images belongs to the respective
copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 Does
your or your client’s company use
spam for the purposes of spamming
customers?
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
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copyright holders
PROTECT AND GROW YOUR
BUSINESS IN INDIA – A
PERSPECTIVE ON CYBERLAW
 If
the answers to above questions asked
are positive, then you and your clients as
legal entities are covered by the Indian
Cyberlaw.
INDIAN CYBERLAW
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INDIAN CYBERLAW (contd)
 Information
Technology Act 2000 is the
mother legislation for use of computers,
computer systems, computer networks,
computer resources and communication
devices as also data and information in the
electronic form.
COMPLIANCES– A PERSPECTIVE
ON CYBERLAW
What
compliance are you currently doing under
the existing laws?
COMPLIANCES– A PERSPECTIVE
ON CYBERLAW (contd)
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copyright holders
INTERMEDIARY
"Intermediary" with respect to any particular electronic
records, means any person who on behalf of another
person receives, stores or transmits that record or provides
any service with respect to that record and includes
telecom service providers, network service providers,
internet service providers, web hosting service providers,
search engines, online payment sites, online-auction sites,
online market places and cyber cafes.
Liability
of intermediaries has been specifically
now provided under Section 79 of the amended
Information Technology Act, 2000.
LIABILITIES OF
INTERMEDIARIES AND THE
INDIAN CYBERLAW
Section
79 is the solitary Section that appears in
the Chapter-XII entitled “Intermediaries Not To Be
Liable In Certain Cases.” The said Section deals with
the exemption from liability of intermediaries in
certain cases.
Intermediaries have been straddled with the
obligation to observe due diligence mandated by
the Information Technology Act, 2000 and also by
the Information Technology Rules, 2011.

LIABILITIES OF
INTERMEDIARIES AND THE
INDIAN CYBERLAW
Any
intermediary, in its capacity, as an
intermediary, must observe due diligence, while
discharging their duties, under the Information
Technology Act, 2000 as also observes such other
guidelines as the Central Government may prescribe
in this regard.
…contd.
LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW
If
any intermediary not comply with the Indian
Information Technology Act, 2000, what are the
consequences?
LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW
There
could have exposure to legal consequences,
both civil and criminal, for the company and its top
management.
LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW
Civil
Damages - for damages by way of
compensation upto 5 crore rupees per
contravention under Section 43 of the Information
Technology Act, 2000.
LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW
Criminal
Consequences - The top management could also be
exposed to criminal consequences ranging from imprisonment
of 3 years to life imprisonment and fine from 1 Lakh INR to 10
Lakhs INR.
Further, in case, if the computer resources of the
intermediary are being used to commit cyber terrorist act, then
the top management of the intermediary could also be exposed
to criminal liability under Section 66F which consist for life
imprisonment and also fine.
LIABILITIES OF INTERMEDIARIES
AND THE INDIAN CYBERLAW –
CRIMINAL CONSEQUENCES
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copyright holders
IT ACT COMPLIANCE FRAMEWORK – FOR
COMPLIANCE, EVALUATION AND
CERTIFICATION
 IT
ACT COMPLIANCE FRAMEWORK –
PAVAN DUGGAL ASSOCIATES
 COVERS ALL PARAMETERS OF IT ACT
AND RULES AND REGULATIONS
 COMPLIANCE MANDATORY TO SAVE
EXPOSURE TO POTENTIAL LEGAL
LIABILITY
IT MANAGERS AND IT ACT COMPLIANCE
FRAMEWORK
 AS
IT MANAGERS, YOU ARE DEALING
WITH THE ELECTRONIC FORMAT
 PLEASE MAKE SURE THAT YOUR
OPERATIONS AND THOSE OF YOUR
COMPANIES COMPLY WITH THE IT
ACT COMPLAINCE FRAMEWORK
COMPANY SECRETARIES AND IT ACT
COMPLIANCE FRAMEWORK






COMPLIANCE WITH THE IT ACT MANDATORY
REQUIRES
DOCUMENTATIONS
AND
CERTIFICATIONS
IF NOT DONE ON TIME, OFTEN YOU WILL NOT
HAVE THE TIME TO DO IT, WHEN HIT BY ANY
COMPUTER
INCIDENT
OR
COMPUTER
EMERGENCY
NON COMPLIANCE IS LIKE GOING OUT IN THE
BATTLEFIELD WITHOUT ANY PROTECTIVE GEAR
DO NOT LET YOUR LEGAL ENTITIES BE EXPOSED
EXPOSURE CAN COST DEAR UNDER THE IT ACT

PAVAN DUGGAL ASSOCIATES
COMPLIANCE FRAMEWORK – FOR
COMPLIANCE, EVALUATION AND
CERTIFICATION
Asia Pacific Legal 500 says about Pavan Duggal
Associates
“Cyberlaw specialist
Pavan Duggal Associates
Advocates is the first port of call for many in terms of
cases involving data theft, usually companies that have
experienced theft of confidential or commercially
sensitive information by former employees.”
“Pavan Duggal Associates Advocates provides niche
expertise in cyber law.”
PAVAN DUGGAL ASSOCIATES,
ADVOCATES, SUPREME COURT OF INDIA
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copyright holders
PAVAN DUGGAL ASSOCIATES
COMPLIANCE FRAMEWORK – FOR
COMPLIANCE, EVALUATION AND
CERTIFICATION

We assist companies in
 Compliances
 Evaluation
 Certification
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respective copyright holders
Indian
Cyberlaw has created the appropriate legal
framework for promoting e-commerce in the
country as was giving legality to electronic format.
The said lead framework has provided for various
enabling provisions that provide for electronic
authentication and cyber security related issues.
All companies have a duty to ensure that its
business operations needs to comply with the
parameters of Information Technology Act, 2000
as also rules and regulations made thereunder.
Only
in
compliance,
compliance and compliance
lies the way for Nirvana for any
intermediary.
A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF
INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL ASSOCIATES
Email [email protected]
[email protected]
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