Showing posts with label E-Commerce Laws In India. Show all posts
Showing posts with label E-Commerce Laws In India. Show all posts

Saturday, December 31, 2011

Cyber Laws In India

Cyber laws in India are very much required especially to manage the culpable dealings of big corporate houses. IT frauds and cyber crimes in Indian companies are increasing at a great speed. Currently there is no cyber due diligence for Indian companies that has been mandatorily provided by the Indian Companies Act, 1956.

The Information Technology Act, 2000 (IT Act 2000) is the sole cyber law of India. The companies in India are required to follow cyber law due diligence in India and cyber security due diligence in India. In the absence of proper due diligence these companies may find themselves in trouble.

Indian companies are neither prepared nor willing to deal with these sophisticated technology crimes and organised crimes. Recently the companies bill 2011 was tabled in lok sabha that carried few reformatory provisions in this regard. It was planned to give more powers to serious frauds investigation office (SFIO) of India. Under the proposed companies bill 2011, SFIO had been given a statutory recognition. However, the bill failed to become law and the position still remains gloomy.

Cyber crimes in India are increasing unchecked. However, efforts to curb the same are still far from satisfactory. In fact, by making almost all the cyber crimes and cyber contraventions under the IT Act 2000 bailable, Indian government has further complicated the situation. In fact, experts have been demanding that cyber law of India should be repealed and new and better laws must be enacted.

We need separate and dedicated legal frameworks in India. For instance, e-commerce laws in India, social media laws in India, e-governance laws in India, cyber security laws in India, cyber forensics laws in India, e-discovery laws in India, digital evidencing laws in India, etc must be enacted separately.

In short, cyber law of India must be given an importance that it deserves. Presently, it is given a piecemeal treatment that is not conducive for its long term growth in India.

Sunday, December 18, 2011

E-Commerce Laws In India

Technology has brought many important changes the way we deal in our day to day lives. Whether it is e-governance or e-commerce, individuals and companies are equally benefited due to use of technology.

Realising that cyberspace can bring many commercial benefits; both individuals and companies are ensuring that they have strong online presence. More and more brand promotion and protection in India are done these days in an online environment. Companies and individuals are also ensuring domain name protection in India so that their reputation and goodwill is not misappropriated by others.

We have no dedicated e-commerce laws in India. However, the information technology act 2000 (IT Act 2000), which is the sole cyber law of India, is regulating the e-commerce business and transactions in India. Internet intermediaries liability in India under the IT Act 2000 is very stringent. Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in.

Electronic commerce in India (E-commerce in India) has slowly and steadily entered the Indian market. Toady from tickets booking to purchasing of good and services, everything happens in an online environment.

Of course, where commercial transactions occur, disputes and differences are bound to occur. To prevent and resolve these disputes we need norms, regulations and laws that are acceptable to all the stakeholders.

The e-commerce law of India is primarily incorporated in the information technology act, 2000 (IT Act 2000) that takes cares of legal obligations of both sellers and buyers of good and services in cyberspace.

The IT Act 2000 prescribes rules and norms for online contract formulation. The traditional concepts of offer, acceptance etc, as applicable under the contractual laws, have also been covered by the IT Act 2000. The only difference is that they have been customised as per the requirements of cyberspace.

However, e-commerce transactions and contracts also attract certain additional legal liabilities that e-commerce players in India are not very much aware. For instance, very few e-commerce players in India are aware that they are “intermediaries” within the meaning of IT Act 2000. Further, there are very few e-commerce lawyers and law firms in India that can provide expert services in this regard.

Further, other laws, including intellectual property laws, make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for online infringement of copyright in India of the copyright owners.

Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in. The present laws of India are stringent in nature and subsequently claiming ignorance of such laws would not make much difference.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce site or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India.

Friday, December 16, 2011

Social Media Laws In India

Social media laws in India are in limelight these days. Social media websites are very popular among technology savvy as well as ordinary Netizens. More and more Netizens are joining social platforms to share their opinions, views, data and details. However, social networking laws in India are not adequate and properly drafted.

Social media includes social networking sites, blogs, forums, wikis, etc. Social media is growingly seen as a medium to connect with millions of professionals, friends and like minded individuals and organisations.

India is also witnessing a growing revolution of information and communication technology (ICT) and social media usage. However, till now we have no social media policy in India. Even we do not have dedicated social networking laws in India that can take care of the misuses of social platforms.

However, the framework and guidelines for use of social media for government organisations has been recently suggested by department of information technology. Theses guidelines provide an Indian social media framework for governmental departments and organisations that employees of these organisations must follow.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that Indian government must enact strong and effective social media laws, e-governance laws and e-commerce laws in India. These three fields are going to assume centre stage in the near future and their regulation by Indian government would be required.

Till now India has enacted a single technology law in the form of information technology act 2000 (IT Act 2000). It has tried to cover all the three issues but not with great success. This is so because these three fields are very vast and require a different treatment and separate law. Perry4Law and PTLB strongly recommend enacting suitable laws in this regard.

Sunday, September 25, 2011

E-Commerce Laws In India

Information and communication technology (ICT) has changed the way we make our commercial transactions. Even payments for such online dealings and transactions can be made through an online mode. One such commercial use of ICT is electronic commerce.

Electronic commerce in India (E-commerce in India) has slowly and steadily entered the Indian market. Toady from tickets booking to purchasing of good and services, everything happens in an online environment.

Of course, where commercial transactions occur, disputes and differences are bound to occur. To prevent and resolve these disputes we need norms, regulations and laws that are acceptable to all the stakeholders.

The e-commerce law of India is primarily incorporated in the information technology act, 2000 (IT Act 2000) that takes cares of legal obligations of both sellers and buyers of good and services in cyberspace.

The IT Act 2000 prescribes rules and norms for online contract formulation. The traditional concepts of offer, acceptance etc, as applicable under the contractual laws, have also been covered by the IT Act 2000. The only difference is that they have been customised as per the requirements of cyberspace.

However, e-commerce transactions and contracts also attract certain additional legal liabilities that e-commerce players in India are not very much aware. For instance, very few e-commerce players in India are aware that they are “intermediaries” within the meaning of IT Act 2000.

Further, other laws, including intellectual property laws, make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for online infringement of copyright in India of the copyright owners.

Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in. The present laws of India are stringent in nature and subsequently claiming ignorance of such laws would not make much difference.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce site or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India.