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Page 1: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

CYBERLAW & ITS IMPACT

ON DIGITAL ECONOMY © of images belongs to the respective copyright

holders

Page 2: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

A PRESENTATION

BY

PAVAN DUGGAL

ADVOCATE, SUPREME COURT OF

INDIA

PRESIDENT, CYBERLAWS.NET

PRESIDENT, CYBERLAW ASIA

HEAD, PAVAN DUGGAL

ASSOCIATES

Page 3: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

© of images belongs to the respective copyright holders

Page 4: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

© of images belongs to the respective copyright holders

Page 5: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

DIGITAL INDIA – A NEW INDIA

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ASHLEY MADISON WEBSITE

HACKING

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Page 7: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

ONLINE LIBERTIES &

CYBERLAW

There is further need for protecting the online liberties and civil rights of users. Yet at the same time there is going to be a delicate balance that need to be maintained between protection and preservation of national and sovereign interest in cyberspace on the one hand and protecting civil liberties of individuals on the other hand.

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Page 8: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

SOCIAL MEDIA & CYBER

CRIMES

Social media is today becoming the fulcrum

focus point for cyber criminals and cyber

terrorists.

More and more cyber criminal tendencies are

continuing to emerge in social media.

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CYBER TERRORISM

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Page 10: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

AADHAAR LAW 2016 – INDIA’S

BIOMETRIC IDENTITY LAW

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CYBERLAW IN INDIA

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Page 12: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

THE IT ACT, 2000 – INDIA’S FIRST

CYBERLAW

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Page 13: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

THE IT ACT, 2000 –

OBJECTIVES

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Page 14: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

ELECTRONIC CONTRACT

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ELECTRONIC GOVERNANCE

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CYBERCRIME

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MOBILE CRIMES

There are various kinds of mobile crimes that have

emerged across the world. In fact, given the

increase in adoption of mobiles, communication

devices, mobile platforms, and the mobile

paradigms by vast sections of populations across

the world, mobile criminals have suddenly found

mobiles platforms as a very innovative and fertile

space for perpetuating their criminal activities.

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INTERMEDIARIES & CYBERLAW

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Page 19: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

INTERMEDIARIES AND DUE

DILIGENCE UNDER THE IT ACT, 2000

Intermediaries are required to do due

diligence under the terms of the amended

Information Technology Act, 2000.

This due diligence must be done to ensure

compliance with the relevant parameters of

the amended Information Technology Act,

2000.

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Page 20: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

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.

Civil liability-damages by way of compensation

upto 5o million INR per contravention

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.

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CASES

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Baazee.com case

Famous Bank NSP case-2003

Umashankar Case

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WHATSAPP – THE NEW

MEDIUM OF COMMUNICATION

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CLOUD COMPUTING

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BIG DATA

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Page 25: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

INTERNET OF THINGS (IOT)

AND CYBERLAW

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Page 26: CYBERLAW & ITS IMPACT ON DIGITAL ECONOMYcitapp.iiitb.ac.in/wp-content/uploads/2016/08/Cyberlaw...AND THE INDIAN CYBERLAW There could have exposure to legal consequences, both civil

PAVAN DUGGAL ASSOCIATES

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copyright holders

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COMPLIANCES BY PAVAN DUGGAL

ASSOCIATES

Pavan Duggal Associates -role in helping companies ensure compliances with the Indian Cyberlaw and rules thereunder.

Pavan Duggal Associates assist all intermediaries to ensure documented due diligence under the Information Technology Act, 2000.

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copyright holders

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INTERNATIONAL CONFERENCE ON

CYBERLAW, CYBERCRIME & #CYBER

SECURITY – 17TH & 18TH NOVEMBER, 2016,

NEW DELHI, INDIA

The International Conference on Cyberlaw, Cybercrime

& Cyber Security (www.cyberlawcybercrime.com) has

provided the platform to discuss about emerging

Cyberlaw, Cybercrime and Cybersecurity trends.

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copyright holders

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INTERNATIONAL CONVENTION ON

CYBERLAW & CYBERSECURITY

RECOMMENDED Need for coming up with an International

Convention on Cyberlaw & Cyber Security.

Recommended during the High-Level Policy

Statement delivered by me at the World Summit

on Information Society (WSIS) organized by the

International Telecommunications Union (ITU),

UNESCO, UNCTAD & UNDP in Geneva,

May, 2015.

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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 its

business operations needs to comply with the

parameters of Information Technology Act, 2000

as also rules and regulations made thereunder. © of images belongs to the respective

copyright holders

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