Digital business—India—Q&A guide
Published by a LexisPSL TMT expert

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Digital business—India—Q&A guide
  • 1. How can the government’s attitude and approach to internet issues best be described?
  • 2. What legislation governs business on the internet?
  • 3. Which regulatory bodies are responsible for the regulation of e-commerce, data protection and internet access tariffs and charges?
  • 4. What tests or rules are applied by the courts to determine the jurisdiction for internet-related transactions or disputes in cases where the defendant is resident or provides goods or services from outside the jurisdiction?
  • 5. What regulatory and procedural requirements govern the establishment of digital businesses in your jurisdiction? To what extent do these requirements and procedures differ from those governing the establishment of brick-and-mortar businesses?
  • 6. Is it possible to form and conclude contracts electronically? If so, how are contracts formed on the internet? Explain whether ‘click wrap’ contracts are enforceable, and if so, what requirements need to be met?
  • 7. Are there any particular laws that govern contracting on the internet? Do these distinguish between business-to-consumer and business-to-business contracts?
  • 8. How does the law recognise or define digital or e-signatures?
  • 9. Are there any data retention or software legacy requirements in relation to the formation of electronic contracts?
  • More...

Digital business—India—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to digital business in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021).

Authors: AZB & Partners—Hardeep Sachdeva ; Priyamvada Shenoy

1. How can the government’s attitude and approach to internet issues best be described?

In India, regulated entities operating in sensitive sectors, such as financial services, banking, insurance and telecommunications have exhibited higher standards of cybersecurity preparedness and awareness, partly due to regulatory intervention as well as voluntary compliance with advanced international standards. Sectors such as e-commerce, IT and IT enabled services that have seen FDI infusion have also proactively deployed robust cybersecurity frameworks and policies to counter the evolving nature of cyber frauds as they have borrowed advanced cybersecurity practices and procedures from their parent entities in US, EU or other matured jurisdictions.

The 'Cyber Swachhta Kendra' (Botnet Cleaning and Malware Analysis Centre), a part of the Indian Computer Emergency Response Team (CERT-In), has been set up by the government to analyse BOTs/malware characteristics and provide information and enable citizens to remove BOTs/malware. In addition, Cyber Swachhta Kendra strives to create awareness to secure data, computers, mobile phones and devices such as home routers. The Cyber Swachhta Kendra collaborates with industry and academia to detect systems infected by bots. It also collaborates with internet service providers to notify end users regarding infection of their

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