INFORMATION
TECHNOLOGY ACT AND ITS
IMPACT ON E-COMMERCE
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copyright holders
A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT
OF INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL
ASSOCIATES
INFORMATION TECHNOLOGY
ACT & ITS IMPACT ON ECOMMERCE

In India, e-commerce received a tremendous
fillip and boost thanks to the passing of the
Information Technology Act, 2000. In fact, the
Indian Information Technology Act, 2000 is an
e-commerce enabling legislation as it provided a
legal framework for e-commerce to really take
off in the year 2000.
CYBER LAW IN INDIA
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THE IT ACT, 2000 – INDIA’S
FIRST CYBERLAW
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copyright holders
THE IT ACT, 2000 –OBJECTIVES
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copyright holders
THE IT ACT, 2000 –OBJECTIVES
(contd)
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FOUR DIFERENT ACTS AS
AMENDED BY IT ACT, 2000
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copyright holders
THE IT ACT, 2000 –
OBJECTIVES (contd)
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copyright holders
ELECTRONIC CONTRACT
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copyright holders
DIGITAL SIGNATURES & PUBLIC KEY
INFRASTRUCTURE TECHNOLOGY
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CONTROLLER OF CERTIFYING
AUTHORITIES
 Controller
 He
of Certifying Authorities
shall perform the function of
exercising supervision over the
activities of the Certifying Authorities
CONTROLLER OF CERTIFYING
AUTHORITIES (Contd.)
 Lay
down standards and conditions
governing the Certifying Authorities
 Specify
the various forms and content
of Digital Signature Certificates.
ELECTRONIC GOVERNANCE
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copyright holders
CYBERCRIMES DEFINED UNDER
THE IT ACT, 2000
 Section
65-
Tampering with computer source
documents
 Section
66-
Computer related offences
CYBERCRIMES DEFINED UNDER
THE IT ACT, 2000

Section 66B-
Punishment for dishonestly receiving
stolen computer resource or
communication device.

Section 66C-
Punishment for identity theft

Section 66D-
Punishment for cheating by
personation by using computer
resource
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
 Thanks
to the Information Technology
Act, 2000, e-commerce in India started
received a tremendous boost.
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE

According to Report of Digital–Commerce, IAMAI-IMRB
(2013), e-commerce industry in India has witnessed a growth
of US$ 3.8 billion in the year 2009 to US$ 9.5 billion in 2012.

The revenue for logistics industry from inventory based
consumer e-commerce alone may grow by 70 times to USD
2.6 Billion (INR 14,300 crores) by 2020.

Driven by the growing popularity of online shopping in
India, the e-commerce market, which is expected to reach
$20 billion by 2020.
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
 The
Information Technology Act, 2000 has also
provided the solid basis and foundation for
further growth of e-commerce and mcommerce.
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
At a recent conference, Google India declared that Indian
internet users will surpass the number in the US by the end of
2014 and around 500 million people will be online by 2018.
 E-tailing, which is the business of selling retail goods online on
the Internet, was just US$0.6 billion in 2012 in India, but will
grow by over a hundred-fold to US$76 billion by 2021,
according to a Technopak Advisors study.
 The India eCommerce market will reach $6 billion in 2015, a 70
percent increase over 2014 revenue of $3.5 billion, Gartner Inc.
said here Thursday.

INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
The Information Technology Act, 2000 was amended
by the Information Technology (Amendment) Act,
2008. This expanded the scope and ambit of the
Information Technology Act, 2000 to include all kinds
of communication devices and computer resources.
 The said amendments came into effect on 27th
October, 2009 and provided a legal enabling
framework for growth of mobile commerce being part
of e-commerce.

INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
 Information
Technology Act, 2000 as a
technology neutral legislation.
 Now,
instead of, digital signatures, the law has
come up with a more broad generic concept of
electronic signatures.
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
 The
Government has further sought to 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.
LESS NUMBER OF CYBERCRIME
CONVICTIONS

Section 79 of the Information Technology Act,
2000 has been amended to address the concerns of
corporate world. The new law has clarified that
intermediaries including network service providers
shall not liable for any third party data or
information made available by them as a general
principle and some exceptions to the rule have
been stipulated.
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
 Thanks
to these amendments, the Information
Technology Act, 2000 has become an enabling
framework for growth of e-commerce. By
virtue of the Information Technology Act,
2000, e-commerce players are raking in big
amount of money.
INFORMATION TECHNOLOGY
ACT AND ITS IMPACT ON ECOMMERCE
 However
it needs to be noted that the
Information Technology Act, 2000 was enacted
in the year 2000 and was only amended once in
2008. However lot of new developments have
taken place in the field of technology and there
is a need for updating the law so as to keep it in
sync with the realities of today's times.

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.”
INDIAN CYBERL AW
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 legal entities have a duty to ensure that their
business operations needs to comply with the
parameters of Information Technology Act, 2000
as also rules and regulations made thereunder.
CONCLUSION
Only
in
compliance,
compliance and compliance
with the Indian Cyberlaw lies
the way for Nirvana for any
entity dealing with the digital
and mobile ecosystem.
A PRESENTATION
BY
PAVAN DUGGAL
ADVOCATE, SUPREME COURT OF
INDIA
PRESIDENT, CYBERLAWS.NET
PRESIDENT, CYBERLAW ASIA
HEAD, PAVAN DUGGAL ASSOCIATES
pavan@pavanduggal.com
pavanduggal@yahoo.com