IP & Technology Series
Series 1 | Article 1
This series of articles is intended to help you understand the legal requirements and essential practices for operating digital platforms, particularly with respect to technology laws in India. It is my objective that by the end of this series, you will have a better understanding of what documents and measures you must have in place while operating your digital platform.
Over the course of this series of articles I will broadly cover; the legal requirements, best practices, and documents necessary for operating a digital platform in accordance with technology laws in India; the risk of liabilities that a digital platform may be exposed to and the steps to mitigate such risk.
An introduction to operating digital platforms in India.
A digital platform is an online platform in the form of a website or a mobile/computer based application (app) that facilitates interactions or exchanges of information, goods, and services amongst its users. All search engines, online social media platforms, online knowledge platforms, e-commerce platforms, gaming platforms, auction sites, payment gateways, business and brand information websites, and other online service based platforms are types of digital platforms. These digital platforms are governed by the Information Technology Act, 2000 (the “Technology Laws”).
Today, almost every business has a digital presence as entrepreneurs and service providers prefer digital platforms to promote and conduct their business. Even those who conduct their business offline create websites for a wider audience. To operate a digital platform, a digital platform owner needs to implement necessary security measures and policies, and generally follow the guidelines and rules set out under the Technology Laws. For example, even a simple ‘contact us’ or other enquiry option on your website, requires you to publish a privacy policy on your website in accordance with the Technology Laws as you are collecting personal information. This series will help you understand such requirements under the Technology Laws for operating digital platforms.
Operating a digital platform in an environment where cyber crimes are on the rise requires you to meet certain challenges. You may have a great vision for your digital platform but if you fail to secure your digital platform from cyber crimes like data thefts, frauds, viruses, cyber violence, ransomware attacks, and transaction breaches, you may face the risk of significant liability and regulatory action. Through this series, I will spell out not only the challenges that you may face but the steps you may take to address them.
The following articles will deal with the documents and practices a digital platform owner must implement to operate a digital platform.
About the Author
Ekta Jhaveri has been with MZD Legal Consultancy and practicing law since 2016. Ekta is a part of the Transaction Advisory; Technology; Media Disputes; and General Corporate teams at MZD Legal Consultancy. She can be contacted at ekta@mzdlegal.in
About MZD Legal Consultancy
MZD Legal Consultancy is a boutique law firm in Mumbai, India. The firm was established in 2011 and comprises professionally qualified lawyers with varied levels of experience and expertise in specific practice areas. To know more, click here www.mzdlegal.in
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