CONFERENCE ON INTERMEDIARY LIABILITY OF CORPORATES UNDER INDIAN CYBERLAW

CONFERENCE ON INTERMEDIARY LIABILITY OF CORPORATES UNDER INDIAN CYBERLAW

The Conference on Intermediary Liability of Corporates under Indian Cyberlaw took place on 11th May, 2017 at Conference Room-I (Above Library), India International Centre, 40, Max Mueller Marg, New Delhi-110003 from 9 am to 1.00 pm.

The said Conference was organized by Cyberlaws.Net and Pavan Duggal Associates, Advocates.

The Conference on Intermediary Liability of Indian Corporates under Indian Cyberlaw was aim to cover the following:

a) What is the current position of intermediary liability under the Indian Cyberlaw?

b) What are the emerging case laws pertaining to corporate liability under the Indian Information Technology Act, 2000?

c) What are the current compliances that companies need to comply under the Indian Cyberlaw?

d) What further risk mitigation strategies need to be adopted by various companies to minimize their and their top management’s legal exposure under the Indian Cyberlaw?

While addressing the Conference, internationally renowned expert and authority on Cyberlaw and Advocate, Supreme Court of India, Pavan Duggal highlighted the various parameters that need to be kept into account by various intermediaries and service providers while providing their services into the digital and mobile ecosystem.

Pavan Duggal highlighted the various strategies for due diligence that all service providers and intermediaries are required to implement in today’s times. Adopting such an approach is essential for all intermediaries, in order to safeguard not just their legal interests but also to safeguard their companies’ top management, from being exposed to potential legal exposure.

Highlighting the wide ambit and scope of the definition of intermediary under the Indian Cyberlaw, Pavan Duggal emphasized the need for all entities qualifying as intermediaries to ensure compliance with the Indian Cyberlaw.

Pavan Duggal, who has been acknowledged as one of the top-four Cyber Lawyers of the world, further highlighted the need for adoption of proactive compliance culture by corporates. He further called upon the intermediaries to engage in specific compliance audits, given the increasing parameters of compliances that are now mandated for the service providers under the Indian Cyberlaw.

Given the changing digital realities of the day, Pavan Duggal further highlighted the need for the Government to come up with more clarity on the parameters of due diligence, much beyond those as enshrined under the Information Technology Rules, 2011. He further underlined the need for intermediaries to have more clarity on the cyber legal aspects concerning their business operations. He further elaborated various steps that need to be taken by corporates, to minimize their legal risks in their day-to-day business operations.

He further highlighted the various practical difficulties that are being faced in the intermediary ecosystem and called upon the Government, to come up with more detailed legal frameworks concerning intermediary liability as they go ahead in the direction of amending the Information Technology Act, 2000.

As on date, India has large number of service providers which qualify as intermediaries.

The number of mobile Internet users in India is projected to double and cross the 300 million mark by 2017 from 159 million users at present, a new report by Internet and Mobile Association of India (IAMAI).

“The number of 3G subscribers in India is expected to grow to 284 million by the end of 2017 from 42 million at the end of 2013.”

The Conference was also addressed by various other distinctive thought leaders in intermediary, electronic and digital ecosystem.

The Conference ended with various recommendations for more efficacious legal frameworks and provisions to be put in place by the Government, concerning intermediary liability as it proceeds towards transforming India into a digital and knowledge society and economy.

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