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Ultimate Guide to Cyber law & Associated Cyber Security Laws in India

Apurva Agarwal
Apurva Agarwal
  • Sep 26, 2021
  • 5 min to read
Ultimate Guide to Cyber law & Associated Cyber Security Laws in India Agarwal

In recent times the internet has started playing an important role in everyone’s life. Everything is available online from the daily necessity to shopping at your doorstep in just no time. As global digitalization rises companies and government organisations opted to run operations online. As cyberspace raises problems and dangers associated with cyberspace also raised. Cyber laws protect cyberspace from illegal activities that are happening online.

Cyberlaw is referred to as the law of the internet. It is related to the legal aspect of online information such as supervising digital information, software, digital security, online payment, and e-commerce. Cyberlaw does not have a separate legal framework in India. Cyberlaw in India is governed by the information technology Act 2000 and the Indian Penal Code 1860. These acts deal with data protection, digital privacy, copyright, contract and all traditional crime such as fraud, theft, forgery, defamation, which is happening in cyberspace. Cyberlaw covers almost all aspects of the activities that involve the internet. As we are living in a digitalized world, most people use cell phones, SMS, and Email for communication. Credit card, debit card users are increasing. Most companies use the internet or electronic devices to store valuable data of consumers. Not just the corporate world but also the government use the internet for decision making, schemes and services. Sometimes non-cyber crimes evidence is found online, or on a cell phone.

There are three main categories of cybercrime. First cybercrime against the person which involves crime such as cyberstalking, identity theft, manipulation of personal information, child pornography, online scam. Second against the property which involves the transmission of harmful programs, theft of information and data from financial institutions, trespassing cyberspace, phishing, computer vandalism, and unauthorized possession of information digitally. The third is against the government which involve cyber terrorism, online threats, misuse of the cyber power against the government, terrorizing government website. Since cyberlaw covers a variety of aspects, it is so crucial to effectively regulate cyberspace. This could further strengthen the legal regime of India.

In India, the Information Technology Act 2000 came into force that contains cyberlaw. This act is enacted to regulate all online activities. This act gives legal validity to electronic contracts if made by secure electronic channels and security measures to protect electronic records and digital signatures. This act defines the process for the appointment of an Adjudicating officer to hold an inquiry in the manner prescribed by the central government. Cyber Regulation Appellate Tribunal established through IT Act. The tribunal deals with the appeal against the order of the Adjudicating officer. But an appeal against the tribunal can only be made in the High Court. A cyber regulation advisory committee was established to advise the central government and the controller. The act is also applicable to online crimes that are committed outside India. There are certain areas where the IT Act does not apply such as central government initiated documents and transactions, power of attorney, will, the negotiable instrument being other than cheque, contract for sale and transfer of immovable property.

Covid-19 also impacted cybersecurity not just in India but across the world. The government of India imposed restrictions in response to the coronavirus. Covid -19 encouraged employees, students, and the government to work from and use technology even more. As a consequence, many organisations do not provide a cyber-safe working environment. Where business meetings and classes are held traditionally in person but now take place virtually. The cyber coordination centre under the Home Ministry of  Home Affairs released the advisory to clarify that the zoom app is not safe and not used by government officials for official purposes.

The popularity of social media and OTT platforms has risen due to the coronavirus pandemic. OTT caught the attention of cybercriminals. To log in or sign up into the OTT platform, they ask for banking details and other sensitive information. Users mostly login into multiple devices which make it easier for cybercriminals to hack their account. Social media use or propagate hate speech. To regulate social media and OTT platforms, the government of India established new rules for social media and OTT platforms. Regulation is to protect people from defamation, misinformation, hate speech, protecting women from sexual offences which occur on these platforms and ensure that content is watched by the appropriate age person. India has only the IT Act to fight all cybercrimes which are not sufficient. India needs separate strict laws and policies to fight these cybercrimes. Cyberspace is now part of everyone’s daily life. With the new age of crime machine-learning, artificial intelligence can open the larger threats. Companies and other organisations also have to ensure that people can rely on that their data is secure with them.

Apurva Agarwal
Apurva Agarwal

At Universal Legal, we pride ourselves on our depth of legal capabilities along with our commitment to partner with clients and guide them through the complex legal and regulatory environment in India. This is what makes us the preferred advisors to an illustrious list of individuals, startups, small firms and large enterprises. Practice Areas: M&A, Joint Ventures, FDI, Corporate Commercial, Employment Law, Legal Compliance, Real Estate, IPR, Dispute Resolution, Insolvency & Winding up.

Comments:

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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