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Laws governing IT Security Companies in India

As it is easily perceptible that in recent times cybercrimes have been causing unanticipated damages across industries, nations, governments and individuals on a global level. Cyber threats are not only limited to data breach but are also predominantly active in areas such as, theft of identity, breach of data, monetary loss or financial theft, among others. The world of cybersecurity is fostering day by day, and catering towards the needs of businesses, but simultaneously, the world of cyber-crime is also increasing, updating and targeting the businesses in every new way possible. Hackers are efficiently working and attacking at the weakest...

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Precautions before Hiring your next IT Security Company: Legal Advice

Cyber-attacks have been proliferating in the past few months, and now firms and companies have begun batting an eye on this issue and started taking it seriously. Cyber-attacks are not new, but with development in IT security technology comes the development in breaching the said security too. Along with the rapid expansion in today’s world, the level of skills possessed by the cybercriminals and threats posed by them towards the big IT companies and business owners, has also burgeoned, such as hacking attacks, spamming, data theft, black hat practices etc. A string of various cyber-attacks has ultimately put forward the...

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Benefits of Executing an Outsourcing Agreement for Foreign Corporations

Nowadays, businesses are persistently adopting Offshore Outsourcing opportunities to minimize the costs involved and intensify the productivity with an ultimate motive of stepping up the shareholder value. In a nutshell, “Offshore outsourcing” is basically the practice wherein Foreign Companies contract out non-core and routine services to third party providers based in a country different from the one where the client company (i.e., the 'outsourcer') is based, with an aim to take advantage of their experience, expertise and efficiency. There exist abundant benefits that the Foreign Companies can avail after outsourcing its services overseas but before anything, both the participating companies...

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Legal Advice for Challenges faced by Corporations rendering Stock Advisory Services

In India only about 3.7 percent of the total population invest and trade in the Financial Market. Out of them less than 50 percent invest wisely and the rest remain dependent on luck which creates distress among them due to heavy loss in the highly volatile market. To overcome and minimize such practice, a new trend in the market has taken its place. The new concept wherein the market factors are adequately evaluated, studied, valued, analysed and reported by experts, thereby minimising the risk and taking appropriate decisions. These experts are termed as Equity Research Analysts. Equity Research mainly includes...

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De-Coding the Draft E-Commerce Rules of 2021

The government has proposed changes to the e-commerce rules under the Consumer Protection Act to make framework under which firms function more rigorous. While a number of new provisions are similar to what the Centre sought of social media companies through IT Intermediary Rules announced earlier this year, several proposals in the e-commerce rules are aimed at mounting liabilities for online retailers for goods and services purchased on their platforms. Non-compliance with the terms, if implemented, could be liable to be punished with prison terms and fines of at least Rs. 25,000 under Consumer Law. These rules are made to...

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How can an Individual file for Insolvency: Lawyers Advice

The Insolvency Laws of India were introduced by the Britishers and like the other laws, it owes its origin to English Law. The insolvency Laws were divided into two statutes on the ground of geographical division. The first is the Presidency Towns Insolvency Act, 1909 which applies to the presidency towns of Calcutta, Bombay and Madras and the second is the Provincial Insolvency Act, 1920 which applies to the entire territory of India except for these presidency towns. Both the Acts deals with the insolvency process of Individuals and firms. According to the 26th Report of the Law Commission of India,...

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Personal Liabilities of a Director as per the Indian Companies Act of 2013

A company is a legal person that appoints directors as its agents to carry its business. Due to its separate legal entity characteristic, the company itself is responsible for liabilities arising from day to day activities being conducted. Personal liability of a director comes into picture when he/she breaches his/her duties while performing fiduciary activities. What do we man by the Fiduciary Duties of a DirectorDefining fiduciary: The term fiduciary revolves around trust. A person acting as a fiduciary puts the opposite party’s interests above his own and acts in good faith with a bona fide intention. Upon suggestions given...

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Laws on Mergers & Acquisitions (M & A) for Foreign Companies: Lawyers Advice

The term ‘mergers’ simply means merging of two entities to form one single entity. (A + B = AB). Whereas an acquisition is one entity completely acquiring the business/management of the other one (target). After the acquisition, the target’s business goes under the complete control of the acquirer. Cross-border Merger and AcquisitionDefining cross-border arrangement: When two businesses registered in two different countries come together to merge or one acquires the other, it is termed as a cross-border merger or acquisition. Here, the Indian company is a company registered under the Companies Act, 2013 and the foreign company is a company...

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Steps for Preparing a Non-Disclosure Agreement (NDA): Lawyers Advice

In the 21st century, every business has developed its own proprietary information, strategies, trade secrets, and intellectual property which is confidential to the business. Industries ranging from pharmaceuticals, softwares, cosmetics to food and beverages have businesses who hold a large amount of confidential information. For a business to maintain its competitive edge in the market, one needs to ensure that such sensitive information doesn’t fall in the wrong hands, for example- a rival competitor. A Non-Disclosure Agreement (NDA) is frequently used by businesses to prevent that from happening. A Non-Disclosure Agreement (NDA) refers to a legally binding contract signed between...

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Steps for Preparing a Vendor Agreement: Lawyers Advice

A business procures goods and services to engage in commerce efficiently on a day-to–day basis. Each product or service is acquired by a vendor dealing in the respective category of such goods. When dealings with vendors are frequent and involving transactions worth huge sums, entering into a vendor’s agreement facilitates things for a business. It ensures that the vendors deliver, which facilitates smooth business operations. A vendor agreement is a legal document which stipulates the terms and conditions of the vendor’s services to be hired by the business, outlining the expectations of both the parties. A meticulously drafted agreement...

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