Online Dispute Resolution (ODR) In India

Online dispute resolution (ODR) is a viable and cost effective mechanism to resolve disputes. It can be used for both traditional litigation purposes as well as for resolving private disputes. Since technology is used for resolving disputes, parties located at different jurisdictions can resolve their disputes without even leaving their place of residence.

Online dispute resolution (ODR) in India is one area that requires policy level attention. ODR can help in reducing litigation time span and costs. Further, ODR can also help in reducing burden from traditional courts.

Perry4Law and Perry4Law Techno Legal Base (PTLB) have been working in the direction of legal enablement of ICT systems in India and world wide and legal enablement of e-governance in India and abroad.

It has been almost a decade of our working in the fields like ODR and establishment of e-courts in India. ODR can also be used by Domain Name Dispute Resolution Service Providers in India and abroad. Even the International Commercial Arbitration in India and ODR are interrelated. E-Commerce Dispute Resolution in India can also be done by using ODR. Corporate Disputes and Online Dispute Resolution in India are also related concepts.

E-Courts and ODR in India are needed and we must urgently start working in this crucial direction. While International Online Dispute Resolution is developing yet no such development is taking place in India. The International Response to Online Dispute Resolution is still of indifference.

Areas like Dispute Resolution in Technology Transactions, Entertainment and Media Industry Disputes Resolutions in India,  E-Courts and ODR in India, Domain Name Dispute Resolution In India, Cyber Squatting Dispute Resolution In India, Electronic Commerce Dispute Resolution In India, Online Dispute Resolution And Cross Border E-Commerce Transactions, Dispute Resolution Of Cross Border Technology Transactions, Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions, Online Commercial Arbitration In India, etc need special attention.

Perry4Law and PTLB have also launched some dedicated initiatives in the fields of e-courts and ODR. These are as follows:

(1) Electronic Courts: This initiative would provide e-courts services to national and international organisations, governments, companies, individuals, etc. At this platform you would be able to resolve your disputes through use of techno legal methods and procedures.

(2) E-Judiciary: This initiative would provide research, policy formulations, training, consultancy, project execution support, etc to various national and international stakeholders. It would cover areas like e-courts, e-judiciary, legal enablement of ICT in courts and judiciary, etc.

(3) ODR India: This is an India specific platform that would resolve various inter party disputes in an online environment. Techno legal methods and procedures would be used to resolve various disputes through Arbitration, Conciliation, Mediation and other similar methods.

(4) Online Arbitration: This initiative would provide ODR services to world at large. Individuals, organisations, companies, etc may resolve their disputes through this platform by using our techno legal dispute resolution services.

India needs to adopt ODR and establish e-courts to strengthen its judicial system. Further, establishment of e-courts in India and ODR capabilities would further benefit litigants and parties to the dispute. We hope our initiatives would prove useful to all the stakeholders.

Source: Online Dispute Resolution (ODR) Centre Of India

Online Dispute Resolution In India

Online dispute resolution in India (ODR in India) is an important part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India. Legal enablement of ICT systems helps in establishing a transparent, efficient, accountable and effective legal and judicial system by utilising various ICT mechanisms.

Besides Online Dispute Resolution (ODR) In India other facets of legal enablement of ICT systems in India include establishment of e-courts in India or e-judiciary in India and online arbitration in India. However, at the end of October 2012 we are still waiting for the establishment of first e-court of India and there are very few online arbitration and online dispute resolution service providers in India.

At Perry4Law Techno Legal Base (PTLB) we are managing the exclusive Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI). Further, PTLB is also providing the exclusive Techno Legal Online Dispute Resolution Services in India. The exclusive Techno Legal Online Dispute Resolution (ODR) Centre of India is also managed by PTLB.

Some of the emerging areas in India in these directions are Domain Name Dispute Resolution in India, Corporate Disputes and Online Dispute Resolution in India, International Commercial Arbitration in India and ODR, E-Commerce Dispute Resolution in India, International Online Dispute Resolution, Dispute Resolution in Technology Transactions, Online Commercial Arbitration In India, Online Dispute Resolution Standards Of Practice For India And Asia, Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions, Dispute Resolution Of Cross Border Technology Transactions, UNCITRAL, ODR And India, Online Dispute Resolution And Cross Border E-Commerce Transactions, etc.

While International Response to Online Dispute Resolution is pretty good yet Indian response in this regard is far from satisfactory. In fact, ODR In India Is Facing Severe Legal Roadblocks. At the international level as well, International Harmonisation Of ODR Is Required. International Legal Standards For Online Dispute Resolution must be urgently formulated.

On the front of regulatory environment and disputes resolution as well, India has to make necessary changes in its regulatory environment. The commercial disputes issues that affect foreign investors operating in India may include inadequate handling of statutory legal compliances by the Indian partner, management control i.e. (Indian corporate laws over ride any private contractual terms between the joint venture partners, unless such terms are addressed and reflected in the Articles of Association of the company) and protection of intellectual property rights, and double tax issues.  Foreign investors may take pre-emptive steps against frivolous litigation (criminal charges) by including suitable arbitration clauses in their agreements.

Thus a practical aspect to consider may be uniformity and alignment between applicable law, rules, venue and forum for arbitration, enforcement of foreign judgments and awards in India, apart from logistics of perhaps having to manage multi-jurisdictional legal teams, including costs.

National and international ODR and e-courts stakeholders may contact us with their concrete proposals of they wish to collaborate with us on our techno legal ODR and e-courts projects.

Source: Online Dispute Resolution (ODR) Centre Of India

E-Commerce Dispute Resolution In India

Electronic commerce brings both comforts and discomforts to its users. The comforts include on the spot sales and purchase, competitive costs, convenience, saving of time, etc. The discomforts include frauds and cyber crimes committed against e-commerce users. At times there are disagreements and dissatisfactions as well among buyers and purchasers that cannot be resolved using traditional litigation methods.

This is the reason why we need alternative dispute resolution (ADR) mechanism to resolve e-commerce disputes in India. E-commerce regulations and laws in India are limited in nature and this does not allow use of ADR mechanisms and technology driven solutions. For instance, while European Union and other nations are increasingly using online dispute resolution (ODR) for resolving many aspects of e-commerce disputes yet online dispute resolution (ODR) in India is still not known.

Similarly, establishment of E-Courts In India can also facilitate early and effective e-commerce disputes resolutions in India. However, till February 2012 we are still waiting for the establishment of first e-court in India. E-courts and ODR in India are urgently required to reduce backlog of cases and for reducing increasing pressure upon traditional courts. E-courts and ODR can also help in e-commerce disputes resolutions in India.

Some of the areas where we must pay special attention include Technology Related Dispute Resolution In India, Film, Media And Entertainment Industry Dispute Resolution In India, Cross Border E-Commerce Dispute Resolution In India, etc. E-courts and ODR can be effectively used for all the abovementioned purposes.

E-Commerce Players In India have many techno legal obligations to follow and Cyber Law Due Diligence In India is one such obligation. Not only Legal Requirements For Undertaking E-Commerce In India are stringent but even Internet Intermediaries Liability In India must be taken seriously by companies engaged in online transactions and businesses.

Realising that cyberspace can bring many commercial benefits; both individuals and companies are ensuring that they have strong online presence. More and more Brand Promotion And Protection In India are done these days in an online environment. Companies and individuals are also ensuring Domain Name Protection In India so that their reputation and goodwill is not misappropriated by others. Brand protection, reputation management and domain name cyber squatting disputes are at rise and the same can be resolved using e-courts and ODR in India.

However, there is a general lack of awareness regarding Use Of E-Courts And ODR For E-Commerce Disputes Resolution. Further, there are very few E-Commerce Lawyers And Law Firms In India that can provide expert services in this regard. E-commerce players must also be aware that other laws, including intellectual property laws, can make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for Online Infringement Of Copyright In India of the copyright owners. Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce website or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of E-Commerce Laws In India. Further, Perry4Law and PTLB also recommend active use of E-Courts And ODR In India for resolving e-commerce disputes resolutions in India and Corporate Disputes In India.

We also believe that more effective and useful e-commerce laws in India must be formulated that expressly deal with e-commerce aspects in India. Let us hope that these suggestions would be implemented by Indian government very soon.

Source: Corporate Laws In India

Online Dispute Resolution For Cross Border E-Commerce Transactions

Online dispute resolution (ODR) is the latest trend in dispute resolution services, especially in European countries and developed nations. For instance, European Commission has recently suggested use of ODR to resolve various disputes.

Even otherwise projects are in process in Europe where technology would be used to enhance access to justice. Even international organisations like World Intellectual Property Organisation (WIPO) and United Nations Commission on International Trade Law (UNCITRAL) are considering use of technology dispute resolution services through ODR in one form or other.

European Commission has in the past recommended use of ODR for cross border consumer disputes. Further, the intentions of international community to use ODR for cross border e-commerce transactions are also well known. So what is this ODR and why it is assuming so much importance these days?

ODR essentially involves innovative use of information and communication technology (ICT) to resolve disputes. ODR is an improvement of the traditional alternative dispute resolution (ADR) mechanisms like arbitration, mediation, conciliations, etc. Although all these forms of ADR mechanism are still used in ODR yet the main difference is that of technology.

Being technology driven, ODR is a very wide field. It can be used for resolving various interpersonal disputes including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate conflicts. However, the most significant use of ODR is its application to e-commerce.

In particular ODR is most suitable for resolving disputes arising out of business to consumer (B2C) and business to business (B2B) online transactions. ODR is also conducive for resolving disputes between parties that are residing in far away and opposite countries of the World. In this ICT connected World, ODR is increasingly used for resolving disputes arising out of cross-border electronic commerce transactions, including B2B and B2C transactions.

However, ODR cannot succeed in the absence of harmonised legal and regulatory framework. There must be a common standard and best practices for ODR to succeed. Similarly, another key factor for the success of ODR is efficient enforcement. Without efficient enforcement ODR would lack the appeal to the parties to adopt ODR for dispute resolution. Although the journey of ODR has begun yet it has still to cover a long gap.

At Perry4Law we would always strive for the betterment of ODR in general and parties to the dispute in particular. Our specialised Techno Legal Segment Perry4Law Techno Legal Base (PTLB) has been working in the sphere of “International Harmonisation” regarding ODR. We are not only providing Techno Legal ODR Services but are also working in the direction of Research, Training, Education and Policy Making regarding ADR and ODR. We hope our initiatives and efforts would prove useful for all concerned.

Perry4Law and PTLB are presently working in the direction of formulating a framework that is compatible for both national and international ODR and technology dispute resolution institutions and organisations. We would come up with the same after some time once our national and international cooperations and collaborations are clear.

Source: ICTPS Blog

Domain Name Dispute Resolution Service Providers In India

Domain name dispute resolution in India is no more an ignored area. As individuals and organisations are becoming aware of the importance of domain name, they are protecting their domain names by all means.

In the Indian context, we do not have a dedicated domain name protection law. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) suggest enactment of a dedicated domain name protection law for India.

Naturally, in these circumstances, domain name dispute resolution services in India are still evolving. Perry4Law has launched certain techno legal initiatives in this regard that are of public importance. These initiatives basically cover areas like trainings and education, techno legal disputes resolution, e-courts consultancy and training centre of India, online dispute resolution services in India, techno legal centre of excellence for online dispute resolution (ODR) in India (TLCEODRI), etc.

Perry4Law’s Organisation has launched few more techno legal dispute resolution initiatives. These include initiatives named electronic courts, e-judiciary, ODR India, online arbitration, etc.

These initiatives also cover domain name disputes resolution, establishment and maintenance of e-courts in India and abroad, managing legal aspects of new GTLDs, etc. With this disputes pertaining to technology, domain names, cross border commercial transactions, etc could be resolved in a speedier and cost effective manner. We hope all stakeholders would find these initiatives useful.

Source: Techno Legal Online Dispute Resolution Services

Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions

Online dispute resolution (ODR) is a cost effective and convenient method of dispute resolution. Rather than depending upon the traditional litigation method, ODR provides an alternative and effective dispute resolution mechanism.

Commercial Transactions and Cross Border E-Commerce Transactions can be greatly benefited if disputes arising out of same are redressed through use of ODR rather than traditional courts. Further, Dispute Resolution Of Cross Border Technology Transactions can also be effectively resolved using ODR.

However, there is a need to clarify the categories of Technology, E-Commerce and Cross Border Disputes that might be solved by using ODR, appropriate Procedural Rules for ODR, the possibility or desirability to maintain a single database of ODR Service Providers, and the issue of Enforcement of Awards made through the ODR process under the relevant International Conventions.

Here lies the true problem. Conflict of Laws is the real issue that has to be addressed as different Jurisdictions may have different Legal and Regulatory Frameworks in this regard. international legal standards for odr are still missing. This is preventing International Harmonisation of ODR that is missing till now.

Even United Nations Commission on International Trade Law (UNCITRAL) has not achieved this task so far. This is the main reason why there is no coordination between UNCITRA, ODR and India. International Organisations like World Intellectual Property Organisation (WIPO) must further strengthen its Technology Dispute Resolution Services. Even EU India ODR Development Dialogue must also be initiated by both countries. In fact, EU has already planned to use ODR for Cross Border Consumer Disputes.

In the Indian context, ODR is facing severe Legal Roadblocks in India. We have no dedicated Legal Framework for ODR in India. Even an ODR Policy of India is missing. ODR in Asian Countries is still not popular.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been providing Techno Legal Technology Dispute Resolution Policies and Strategies. We have suggested a Technology Dispute Resolution Policy of India and ODR Policy of India.

We are also in talk with International Organisations and Institutions working in this regard so that Harmonisation of ODR Framework may be possible. We hope our Initiatives would be helpful for the International and National ODR Community.

Source: Techno Legal Online Dispute resolution Services

Dispute Resolution In Technology Transactions

Technology transactions are being entered into and transacted world over. These technology transactions have global impact and global ramifications. However, when it comes to disputes resolution, global transactions have their own problems.

Since there are numerous jurisdictions involved in technology transactions, it is always better to decide in advance the resolution method of any possible future technology transactions disputes.

Dispute Resolution Of Cross Border Technology Transactions is a complicated process if we adopt traditional litigation methods to resolve them. Dispute Resolution In Technology Transactions And Dealings requires an effective, timely and cost effective mechanism. Traditional litigation is definitely not the place to achieve these objectives.

Obviously, we need an effective alternative to traditional litigation methods to resolve Cross Border Technology Transactions And Dispute Resolutions. Alternative Dispute Resolution (Adr) Mechanisms like arbitration, conciliation, mediation, etc can be used effectively to resolve these technology transactions disputes.

However, even ADR has its own limitations as compared to technology driven dispute resolution mechanisms. These days Online Dispute Resolution (ODR) is increasingly considered as a viable option for resolving various disputes. Technology transactions disputes can be effectively resolved using ODR techniques.

For instance, Online Dispute Resolution (ODR) For Cross Border E-Commerce Transactions is already been used to resolved small value disputes. Very soon ODR may be extended for high value disputes and other category of disputes. Similarly, domain name disputes resolution is also effectively resolved through ODR mechanism by many individuals and organisations world over.

ODR At The International Level needs to be strengthened. For this we need an International Harmonisation Of Odr Legal Framework as well as suitable policies at the national level. Efforts in this direction have already been undertaken at the international level and very soon we may see some development in this regard.

Source: Techno Legal Online Dispute Resolution Services

The Glaring Cyber Security Challenges And Indian Response

It is very difficult to predict the future cyber security issues in India or in other nations. Even it is very difficult to analyse all the cyber security issues, challenges and problems of India and other jurisdictions.

However, one thing is for sure. Cyber security challenges in India are going to increase with the advent of sophisticated malware like Stuxnet, Duqu, Flame, Shamoon, etc. These customised malware are targeting the critical infrastructures around the world. To tackle these malware, cyber security capabilities in India must be strengthened.

If we analyse the cyber security reflections of India the position is really worrisome. The cyber law, cyber crimes and cyber security trends by Perry4Law and Perry4Law’s Techno Legal Base (PTLB) have marked many shortcomings of Indian cyber security capabilities.

Critical infrastructure protection in India is not in a very good shape. We have no critical ICT infrastructure protection policy of India as well. The critical infrastructures around the world like power grids, nuclear facilities, satellites, defense networks, governmental informatics infrastructures, etc are vulnerable to known and unknown malware.

According to cyber security experts cyber attacks are affecting Indian critical infrastructure and we are not even aware of the same. Critical infrastructure protection in India is needed as soon as possible.

India must develop both offensive and defensive cyber security capabilities that must be robust enough to detect and nullify cyber warfare against India, cyber terrorism against India, cyber attacks against India, cyber espionage against India, etc.

The national imperatives of securing operational technologies like smart grids, oil and gas, public utilities, etc are too essential to be ignored by Indian government. Today protecting key economic assets like securing financial backbone and stock exchange, payment infrastructures and financial switches is need of the hour. This includes architecting security for new age banking to make them cyber secure. Cyber security of banks in India is still deficient.

The business community must also keep in mind the cyber law due diligence requirements in India. Cyber due diligence for Indian companies is now a statutory obligation and failure to observe cyber due diligence can bring serious legal ramifications. Ensuring business models, technology transformations and channel revolutions in the midst of organised, focused, advanced and persistent cyber threats is not an easy task.

With the growth of enterprise mobility, mobile applications and cloud enablement data driven businesses, techno legal issues have become more prominent. Social networking platforms have further complicated the scenario.

The Internet is truly global in nature and regional and national regulations and efforts cannot bring the desired results. Cyber law and cyber security issues are global in nature. Indian response to international cyber law treaty is not pro active. International cyber law treaty is required to be formulated as soon as possible.

Similarly, cyber security framework must ensure both national responsibility and global accountability. Any cyber diplomacy must congregate both national and international interests to be effective and enforceable. Thus, an international cyber security treaty is required to be formulated as well.

With a growing focus upon electronic delivery (e-delivery) of services in India additional responsibilities of securing technology transformation of governance must be ensured. The e-governance projects of India would bring cyber security challenges for which we need readymade solutions.

           

Similarly, cyber security enablement of growing electronic and mobile commerce would also be required. With the projected increase in volume and growth of commerce and e-commerce in India, cyber security as enabler must be ensured.

Further, civil liberties issues like human rights protection in cyberspace, balancing of national security and civil liberties, balancing of national security and right to information, etc must be kept in mind by India.

The management of consumer rights and business responsibilities in the information age is not an easy task. For instance, the present telemarketing policy of India is anti consumer. Similarly, the telecom dispute resolution process in India is also anti consumer.

The future of cyber security in India is tough to manage. The sooner we start working in this direction on ground level and actual basis the better it would be for the larger interest of India.

Source: Cyber Security Issues In India

Indian Critical Infrastructure And Cyber Security Challenges And Issues

The reliance of consumers and businesses on the cyberspace and interconnected networks would continue to increase. Critical industries like electric, water, oil and natural gas, transportation, automotive, and aerospace are increasingly dependent upon Industrial Control Systems like Supervisory Control And Data Acquisition (SCADA).

In fact, SCADA has become the new cyber attacks battlefield against India. An attack upon SCADA is essentially an attack upon the critical infrastructure of a nation. The SCADA systems may involve a human machine interface (HMI), a supervisory system managing the processes, remote terminal units (RTUs) interacting with the supervisory systems, programmable logic controller (PLCs) usable as field devices, etc.

Initially, running on proprietary control these have evolved with the availability of low-cost Internet Protocol (IP) devices, thus increasing the possibility of cyber security vulnerabilities and incidents. Therefore, critical infrastructure protection in India must be an integral part of National Cyber Security Policy Of India.

The policy must address Critical Infrastructure Protection Requirements Of India. Further, besides energy, defense, transportation and telecommunication, the financial sector which includes banks and stock exchanges must be suitably protected in India.

Cyber Security Of Banks In India is still not effective. Further, Cyber Security Due Diligence For Banks In India is still missing despite some stern guidelines by Reserve Bank of India (RBI). Indian Banks Are Not Complying With Rbi’s Cyber Due Diligence Requirements.  Even the RBI Warned Indian Banks For Inadequate Cyber Security in the past.

This is a serious issue as more than 80% of banking transactions today takes place online. Similarly, the majority of the investor trade through online systems thus making the financial sector one of the most critical sectors.

Mobile Banking Cyber Security In India is still missing. In these circumstances, Mobile Banking In India has become really risky as it puts the customers at grave risks. Mobile Banking Cyber Security Is Required In India on a priority basis before any mobile banking scheme is launched in India. Although Internet Banking Guidelines In India by RBI have been issued yet no such guidelines have been issued by RBI regarding mobile banking so far.

These Cyber Security Issues In India must be resolved as soon as possible as the Cyber Security Challenges Of India Remains Unredressed till date.

 Source: PTLB Blog

Cyber Law Lawyers In New Delhi India

The cyber crimes in India are increasing at a very face pace. Being techno legal in nature, it is a difficult task to investigate and solve cyber crimes. Even if a case has been registered it is very difficult to purse the same as there are very few cyber law firms in India.

If a person becomes a victim of a cyber crime, it is very difficult to find a good technology law firm in New Delhi, India. This is because we have very few technology law firms in India in general and cyber law firms and lawyers in New Delhi, India in general. There are very few lawyers and law firms that are aware of the applicable cyber law of India.

Therefore, cyber law firms in New Delhi India are not easy to find as cyber law is a techno legal field that requires a thorough knowledge of both technical and legal aspects.

Cyber law is a complicated subject that requires tremendous expertise to manage. There are very few cyber law firms in New Delhi India and Perry4Law is proud to be one of them. Further, Perry4Law is the exclusive techno legal ICT law firm of India and is the exclusive techno legal cyber law firm of India.

The cyber law expertise of Perry4Law is supported by Perry4Law’s Techno Legal Base (PTLB) that is the leading techno legal platform of the world. PTLB is also managing the exclusive techno legal cyber crime investigation centre of India (CCICI) that is assisting in investigation and solving of cyber crimes in India.

PTLB is also resolving India’s glaring cyber security challenges and strengthening the cyber security environment of India through it exclusive techno legal cyber security research and development centre of India (CSRDCI). Further, the national cyber security database of India (NCSDI) is also a cyber security initiative of PTLB.

We provide services pertaining to cyber law due diligence in India, cyber due diligence for Indian companies, internet intermediary laws in India and cyber due diligence,  cyber due diligence for PayPal and online payment transferors in India, etc.  

As a techno legal ICT law firm we are trying to give cyber law of India a new shape. Further, one area that has recently interested the legal community pertains to cyber security. Although cyber security as a legal field has started gaining attention of foreign lawyers and law firms yet cyber security law firms in India or cyber security lawyers in India are still missing.

If you are interested in our cyber law, cyber security, cyber forensics, e-discovery, e-commerce, intellectual property rights (IPRs), corporate laws, LPO and KPO, e-courts, online dispute resolution (ODR), cyber skills development, cyber law trainings and other techno legal services, you may contact us in this regard.

Source: Techno Legal News

Cyber Security Challenges Of India Remains Unredressed

The glaring cyber security problems and challenges of India are no more hidden and ignored. Serious cyber security attacks are affecting the critical infrastructure of India. Banks, power infrastructures, satellites, etc are vulnerable to cyber attacks from around the globe.

The national imperatives of securing operational technologies like smart grids, oil and gas, public utilities, etc are too essential to be ignored by Indian government. Today protecting key economic assets like securing financial backbone and stock exchange, payment infrastructures and financial switches is need of the hour. This includes architecting security for new age banking to make them cyber secure. Cyber security of banks in India is still deficient.

The business community must also keep in mind the cyber law due diligence requirements in India. Cyber due diligence for Indian companies is now a statutory obligation and failure to observe cyber due diligence can bring serious legal ramifications. Ensuring business models, technology transformations and channel revolutions in the midst of organised, focused, advanced and persistent cyber threats is not an easy task.

With the growth of enterprise mobility, mobile applications and cloud enablement data driven businesses, techno legal issues have become more prominent. Social networking platforms have further complicated the scenario.

The Internet is truly global in nature and regional and national regulations and efforts cannot bring the desired results. Cyber law and cyber security issues are global in nature. Indian response to international cyber law treaty is not pro active. International cyber law treaty is required to be formulated as soon as possible.

Similarly, cyber security framework must ensure both national responsibility and global accountability. Any cyber diplomacy must congregate both national and international interests to be effective and enforceable. Thus, an international cyber security treaty is required to be formulated as well.

With a growing focus upon electronic delivery (e-delivery) of services in India additional responsibilities of securing technology transformation of governance must be ensured. The e-governance projects of India would bring cyber security challenges for which we need readymade solutions.

           

Similarly, cyber security enablement of growing electronic and mobile commerce would also be required. With the projected increase in volume and growth of commerce and e-commerce in India, cyber security as enabler must be ensured.

Further, civil liberties issues like human rights protection in cyberspace, balancing of national security and civil liberties, balancing of national security and right to information, etc must be kept in mind by India.

The management of consumer rights and business responsibilities in the information age is not an easy task. For instance, the present telemarketing policy of India is anti consumer. Similarly, the telecom dispute resolution process in India is also anti consumer.

The future of cyber security in India is tough to manage. The sooner we start working in this direction on ground level and actual basis the better it would be for the larger interest of India.

 Source: ICTPS Blog

Indian Cyber Law Firms And Lawyers In New Delhi

Cyber law firms in New Delhi India are not easy to find. This is because there are only handfuls of cyber law firms in India. Cyber law is essentially a techno legal field that requires a thorough knowledge of both technical and legal aspects.

Cyber law is a complicated subject that requires tremendous expertise to manage. There are very few cyber law firms in New Delhi India and Perry4Law is proud to be one of them. Further, Perry4Law is the exclusive techno legal ICT law firm of India and is the exclusive techno legal cyber law firm of India.

The cyber law expertise of Perry4Law is supported by Perry4Law’s Techno Legal Base (PTLB) that is the leading techno legal platform of the world. PTLB is also managing the exclusive techno legal cyber crime investigation centre of India (CCICI) that is assisting in investigation and solving of cyber crimes in India.

PTLB is also resolving India’s glaring cyber security challenges and strengthening the cyber security environment of India through it exclusive techno legal cyber security research and development centre of India (CSRDCI). Further, the national cyber security database of India (NCSDI) is also a cyber security initiative of PTLB.

We provide services pertaining to cyber law due diligence in India, cyber due diligence for Indian companies, internet intermediary laws in India and cyber due diligence,  cyber due diligence for PayPal and online payment transferors in India, etc.  

As a techno legal ICT law firm we are trying to give cyber law of India a new shape. Further, one area that has recently interested the legal community pertains to cyber security. Although cyber security as a legal field has started gaining attention of foreign lawyers and law firms yet cyber security law firms in India or cyber security lawyers in India are still missing.

If you are interested in our cyber law, cyber security, cyber forensics, e-discovery, e-commerce, intellectual property rights (IPRs), corporate laws, LPO and KPO, e-courts, online dispute resolution (ODR), cyber skills development, cyber law trainings and other techno legal services, you may contact us in this regard.

Source: ICTPS Blog

India's Cyber Security Challenges

Cyber security problems and challenges in India are complicated in nature. They cannot be resolved though mere conferences and lip services. A very pertinent question in this regard was recently asked by one of my friend and it asks will the third (3rd) worldwide cyber security summit of Delhi succeed?

This is a natural question to ask in these circumstances as the third (3rd) worldwide cyber security summit of Delhi, India 2012 has just concluded. Will summit like these bring any change in the cyber security environment of India? The answer is in negative as we need ground level and actual cyber security efforts in India.

                                                 

For instance, initiatives like cyber security research and development centre of India (CSRDCI) and national cyber security database of India (NCSDI) can prove useful for strengthening of cyber security of India. We need more such initiatives in India.

The cyber security issues in India must be given a top priority. The glaring cyber security problems of India cannot be ignored by Indian government anymore. Further, we must also develop cyber crime investigation capabilities in India as well. The cyber crimes investigation centre of India (CCICI) by Perry4Law’s Techno Legal Base (PTLB) can be really handy in this regard.

The sooner these issues are resolved by Indian government the better it would be for the larger interest of India.

Online Dispute Resolution In India

Online dispute resolution in India (ODR in India) forms an integral part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India. Legal enablement of ICT systems assists in creating an efficient, accountable and transparent legal and judicial system by utilising various technology tools.

There are many more counter parts of  Online Dispute Resolution (ODR) In India that form various facets of legal enablement of ICT systems in India. This include establishment of e-courts in India or e-judiciary in India and online arbitration in India.

However, till the end of October 2012 we are still waiting for the establishment of first e-court of India. Further, even cyber arbitration in India has not been successful so far. In fact, there are very few domain name dispute resolution service providers in India and just one techno legal online dispute resolution service providers in India.

Perry4Law’s Techno Legal Base (PTLB) is managing the exclusive Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI). Further, PTLB is also providing the exclusive Techno Legal Online Dispute Resolution Services in India. The exclusive Techno Legal Online Dispute Resolution (ODR) Centre of India is also managed by PTLB.

While International Response to Online Dispute Resolution is pretty good yet Indian response in this regard is far from satisfactory. In fact, ODR In India Is Facing Severe Legal Roadblocks. At the international level as well, International Harmonisation Of ODR Is Required. International Legal Standards For Online Dispute Resolution must be urgently formulated.

On the front of regulatory environment and disputes resolution as well, India has to make necessary changes in its regulatory environment. The commercial disputes issues that affect foreign investors operating in India may include inadequate handling of statutory legal compliances by the Indian partner, management control i.e. (Indian corporate laws over ride any private contractual terms between the joint venture partners, unless such terms are addressed and reflected in the Articles of Association of the company) and protection of intellectual property rights, and double tax issues.  Foreign investors may take pre-emptive steps against frivolous litigation (criminal charges) by including suitable arbitration clauses in their agreements.

Thus a practical aspect to consider may be uniformity and alignment between applicable law, rules, venue and forum for arbitration, enforcement of foreign judgments and awards in India, apart from logistics of perhaps having to manage multi-jurisdictional legal teams, including costs.

Some of the emerging areas in India in these directions are Domain Name Dispute Resolution in India, Corporate Disputes and Online Dispute Resolution in India, International Commercial Arbitration in India and ODR, E-Commerce Dispute Resolution in India, International Online Dispute Resolution, Dispute Resolution in Technology Transactions, Online Commercial Arbitration In India, Online Dispute Resolution Standards Of Practice For India And Asia, Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions, Dispute Resolution Of Cross Border Technology Transactions, UNCITRAL, ODR And India, Online Dispute Resolution And Cross Border E-Commerce Transactions, etc.

Source: OnlineDispute Resolution (ODR) Centre Of India

Third (3rd) Worldwide Cyber Security Summit Of Delhi 2012

The third Worldwide Cybersecurity Summit 2012 is under progress and lots of media reports are emerging that are discussing about it. Almost all of them are talking about topics like spam and marketing calls.

However, these are not the issues that must be neither discussed nor reported for a worldwide cyber security event.   When cyber security is discussed, there are many more issues like cyber war, cyber terrorism, critical infrastructure protection, etc that deserver more attention and coverage.

In these circumstances, this event seems to be another conference with no substantial contribution towards Indian or global cyber security initiatives. Even Indian government and its representatives have no idea whatsoever what issues of Indian cyber security must be dealt with on a priority basis.

India is presently facing many cyber security challenges and problems. These challenges and problems pertain to diverse fields and are complicated in nature. Naturally, cyber security problems, issues and challenges management in India is not an easy task. Various cyber security stakeholders are trying to tackle novel cyber security issues in India but with moderate success.

Cyber security, like any other initiative, requires dedicated, actual and ground level work. If the actual work and will is missing, thousands of partnerships and conferences cannot bring any result.

In the past as well we have heard this question “Will the Second Worldwide Cyber Security Summit of London Succeed”?  After more than a year of posing of this question, it seems to have been answered in “negative”. Coincidentally, the Third (3rd) Worldwide Cyber Security Summit of New Delhi, India 2012 is in progress. Now the question is “Will the Third (3^rd) Worldwide Cyber Security Summit of Delhi Succeed”?

In the absence of actual and practical efforts in the direction of ensuring cyber security in India, mere conferences and policy formulation would not bring desired results. Of course, real and effective techno legal cyber security initiatives of India like National Cyber Security Database of India (NCSDI) and Cyber Security Research and Development Centre of India (CSRDCI) can be really helpful in bringing ground level and actual cyber security improvement and strengthening efforts in India.

Let us hope that India would move forward from mere declaration and conferences to actual and ground level works.

Cyber Security Challenges in India

Cyber security across the world is a major cause of concern for individuals, organisations and governments. Cyber security players of India are taking many cyber security initiatives that may bring positive cyber security environment of India.

Cyber security issues in India and cyber security problems of India cannot be resolved till we have dedicated techno legal efforts in this regard. In fact, cyber security problems, issues and challenges management in India is need of the hour.

Perry4Law’s Techno Legal Base (PTLB) has been managing the cyber security challenges of India in a techno legal manner. The exclusive techno legal cyber security research centre in India and national cyber security database of India (NCSDI) are managed by PTLB.

India is facing threats like cyber terrorism, cyber warfare, cyber espionage, etc that deserve attention of our policy makers. This also means that we must develop both offensive and defensive cyber security capabilities in India. We must also formulate an implementable cyber security policy of India.

Also there is an urgent need to strengthen critical infrastructure protection in India. To achieve this objection, cyber security skills development in India must be immediately ensured.

There is no doubt that cyber security of India is under transformation but we are too lax in this regard. The cyber security initiatives of India must be expedited as we do not have any more time to waste. Similarly, while cyber security initiatives have been strengthened by private players like PTLB yet Indian government must also play a pro active role in this regard.