Cyber Due Diligence Cannot Be Ignored By Indian Companies Anymore

Cyber law of India has become very stringent and both national and international companies cannot take it lightly anymore. There are many techno legal requirements that have been prescribed by Indian cyber law. By and large these companies and individuals have failed to comply with these techno legal requirements.

For instance, the cyber security breaches in India would raise crucial cyber law and cyber security issues in the near future and they cannot be simply ignored as cyber incidences anymore. This is so because many techno legal obligations have been attached with such cyber incidences in India.

Take the example of Target Corporation that faced cyber attacks and data breach recently. For reasons best known to Target, it failed to take remedial action in this regard. Now target is facing litigation threats around the world and it may be prosecuted in India as well very soon for failing to comply with techno legal requirements of applicable Indian laws.

According to Perry4Law, Asia’s leading techno legal law firm, recently 99Acres.com found itself in a fix for possible violation of cyber law due diligence (PDF) and Internet intermediary liability of India. Similarly, olx.com/olx.in is also facing internet intermediary liability for selling stolen goods and cyber harassment at its platform. The cyber law trends in India 2013 (PDF) and the cyber security trends in India 2013 (PDF) have also analysed the growing incidences of failure to observe cyber law and cyber security due diligences in India by various stakeholders.

In these circumstances foreign companies and websites would witness increased cyber litigation against them in India. In their own interest, they are required to comply with cyber law due diligence and cyber security due diligence that they are presently not complying. Cyber law due diligence in general and e-commerce due diligence in particular is a must for foreign investors that are investing in e-commerce and technology ventures of India.

Even e-discovery and cyber forensics best practices are required to be adopted by various national and international companies operating in India. The companies and individuals facing cyber law and cyber security breaches are required to collect and preserve digital evidence in a legally admissible manner. If they fail to do so they can be prosecuted for destruction of evidence and non compliance with Indian laws. It is a matter of time only that various companies and websites would be prosecuted in India for flouting Indian laws and rules.