06 January

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Enforcing an International Agreement for Outsourcing of IT Work & Services

in Corporate Lawyer, Information Technologies, Legal Advice, Legal Advisor, Uncategorized

Drafts are to be based on considering likely disputes, prevailing situation and laws: -In the case of an offshore outsourcing transaction, the enforcement of customer’s rights and remedies with respect to the agreement has always been a vital concern. In the case of India, it is extremely important that dispute resolution and governing law clauses are perfectly tailored to reflect the nuances of the legal system in India. It may be noted that model form clauses effective in other jurisdictions will not work efficiently in the Indian context. Now since, a party to an agreement related to India containing non-Indian...

06 January

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Laws on Data Protection in India: Lawyers Advice

Posted by MyLawyer

in Corporate Lawyer, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

Individual’s Right to privacy and protection enjoys intrinsic status under the Indian Constitution In India, till now we do not have any ‘enforced’ legislation particularly defining data protection and privacy. The Personal Data Protection Bill, 2019 introduced in the Parliament of India in December, 2019 is yet to be enforced. The key objective of the bill is to secure the confidentiality of individual’s personal data and further to establish a full-fledged authority for data protection in India. Well, the inception of this bill can be linked to the historic judgement pronounced by the nine-judge bench of the Hon’ble Supreme Court...

06 January

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Laws on Network Security in India: Lawyers Advice

Posted by MyLawyer

in Consumer Laws, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

In 2020, India has turned out to become the country with second largest internet user base with over 506 million users. Also, in the coming years, these number are said to increase up to 600 million. However, with the constant growth in digitization, safeguarding network security system with necessary resources becomes imperative. For, this we need to understand the current legal framework of network security in India. Also, whether these laws are robust enough to meet the demands for network security in India. Information Technology Act has brought positive changes across the legal sphere in India: -India was the twelfth country...

06 January

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Enforcing an International Non-Disclosure Agreement for IT Services & Work

Posted by MyLawyer

in Consumer Laws, Cyber Laws, Information Technologies, Legal Advice, Uncategorized

Brief Information: Non-Disclosure Agreements: -Non- Disclosure Agreement are those agreements where the parties to the agreement agrees not to disclose the information given in the agreement. It basically denies the access of the third party on the information mentioned in the agreement. It typically serves three basic functions, namely, protecting the sensitive information, helps inventor to keep patent rights and lastly differentiates between exclusive and confidential information. A Non-Disclosure Agreement is regarded a necessity for IT-service projects, that are outsourced. This agreement also helps in resolving any dispute in case a party to the agreement breaches some part of the...

08 December

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Three Important Steps before Outsourcing of IT Service & Work

Posted by MyLawyer

in Business Laws, Criminal lawyer, Information Technologies, Legal Advice, Uncategorized

A lot of IT related work is outsourced from the developed countries like US, UK, Australia etc to different developing countries and India ranks first in this. This entire outsourcing of IT work is done primarily for the two reasons i.e. easy availability of the skilled workforce in the developing countries and secondly due to the cost effectiveness. However, outsourcing of work sometimes creates more perils than benefits and thus both the parties i.e. the Service Provider and the Service Recipient should follow certain steps in order to enable smooth functioning of the entire process and reducing chances of friction. Thus,...

08 December

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Legal Challenges in Outsourcing of IT Services & Work

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

Outsourcing refers to the practice in business where a party is hired from outside the company to perform certain services and creation of goods which were performed in-house by the corporate’s employees and local staffs. It is a basically a measure undertaken by the corporate to cut the cost. Now, in the case of IT-services, we have witnessed an upsurge in the outsourcing process. However, there are some legal limitations and issues acting as an obstacle in outsourcing. It is very important to note that in case an organization or corporate is outsourcing to India, the same needs to be...

08 December

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Precautions to be taken before Outsourcing of IT Services & Work

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

Outsourcing refers to the practice in business where a party is hired from outside the company to perform certain services and creation of goods which were performed in-house by the corporate’s employees and local staffs. It is a basically a measure undertaken by the corporate to cut the cost. Now, in the case of IT-services, we have witnessed an upsurge in the outsourcing process. However, there are some legal limitations and issues acting as an obstacle in outsourcing. Precaution to deal with the Issue of TaxationIn the upcoming paragraphs, we shall discuss the precautions that may be taken to deal...

08 December

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Laws for Outsourcing of IT Service & Work

Posted by MyLawyer

in Business Laws, Corporate Lawyer, Information Technologies, Legal Advice, Uncategorized

The business entities and firms are nowadays taking advantage of technology for models like offshoring so as to reduce their costs without a without a corresponding decline in quality. However, with the growth and development of technology the problem related to same is also growing by leaps and bounds. Most developed countries in the world, especially the USA are engaged in outsourcing majority of its industrial and trading contracts, offshore to developing countries like India to reap the benefits of cost effective and proficient work force. However, concerns like data confidentiality and security issues have emphasised the necessity for businesses...

19 October

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Laws on Cyberstalking in India: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, Cyber Laws, Information Technologies, Uncategorized

Cyberstalking is another method of cyber crime. The term cyber relates to the web and therefore the meaning of is to stalk someone or follow him or her digitally. The follow up could also be continuous within the sort of defaming, harassment, threat, etc. Both men and ladies are victims of an equivalent. In lately, the methods employed by Cyber Stalkers to stalk someone is thru E-mail, social media and messages. However, there are not any direct laws in India to tackle Cyber Stalking. Laws for Cyberstalking under the Information Technology Act, 2000Information Technology is that the innovation of n Age....

19 September

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Laws and Legal Procedure for Reporting Posting & Sharing of Derogatory & Illicit Contents on Social Media; Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, Cyber Laws, Information Technologies, Uncategorized

In recent past, across India there has been an upsurge in online hate speeches, offensive comments and illicit contents on Social Media. Now, for an aggrieved, it is important to comprehend some crucial points and legal steps for reporting such content. Firstly, it may be noted that, “Hate Speech” has not been particularly defined under any legal provision in India. However, there are legal provisions under few legislations dealing with Hate Speech, namely, Indian Penal Code, 1860: a. Section 295A of the Indian Penal Code, states that hurting religious sentiments of an individual or group of people...