Journal of Commerce and Accounting Research

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Cyber Law for Trade and Commerce in India


Affiliations
1 Indian Institute of Forest Management (IIFM), Bhopal.
     

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Cyberspace is a time-dependent set of interconnected information systems with no physical boundaries making it extremely complex system to be regulated. Parliament of India enacted the Information Technology Act in the year 2000 with extensive amendments in subsequent years. This paper deals with the legal framework and executive regulatory mechanism under this Act which is relevant for the trade and business operations in India. It analyses the implications of commercial agreements in cyberspace and the requirements to be fulfilled for affixing digital signatures on business agreements and documents. The recent rules framed under the Act aim to tighten the data protection regime in India and ensure the secrecy of the data provided by the customers. It puts the responsibility on the business entities for implementing adequate safety measures against unauthorized access and transmission of personal data. There are provisions for payment of compensation in case of damage to the computer systems and networks. However, in areas like intellectual property rights, the law needs to be strengthened to protect such rights in cyberspace.

Keywords

Cyber Law, Digital Signatures, E-documents, E-governance, Data Protection
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  • Gandhi, S. K. (2006). E-Commerce and Information Technology Act 2000. Vidyasagar University Journal of Commerce, 11(3), pp. 82-91.

  • Gibson, W. (1984). Neuromancer. New York: Ace Books.

  • Institute of Chartered Accountants of India. (2012). Information Technology (Amended) Act. Retrieved September 10, 2012 from http://xa.yimg.com/kq/groups/22830576/356371266/name/17796IT_ACT_2008.pdf.

  • Jenkins, G. P. (2010). Information Technology andInnovation in Tax Administration. London: Kluwer Law International.

  • Kalakota, R. & Whinston, A. B. (2000). Frontiers of Electronic Commerce. Delhi: Addison-Wesley.

  • Kumar, A. (2012). Issues of Cyber Laws and IPR in Software Industry and Software Process Model. International Journal of Computer Applications, 44(7), pp. 210-219.

  • Lawande, P. P. (2012). Initiative for Prevention of Cyber Crime in India. Indian Streams Research Journal, July, 2(6), pp. 20-28.

  • Nagpal, R. (2012). 7 Years of Indian Cyber Law. Retrieved September 10, 2012 from http://www.asclonline.com/index. php? title=Ebooks.

  • Ottis, R. & Lorents, P. (2012). Cyberspace; Definitions and Implications. Retrieved September 6, 2012 from www.ccdcoe.org/articles/.../Ottis_Lorents_CyberspaceDefinition. pdf.

  • Ryder, R. D. (2007). Guide to Cyberlaws: Information Technology Act, 2000. E-Commerce, Data Protection and Internet. Nagpur: Wadhwa Publications.

  • Seth, K. (2010). Cyber Laws in Information Technology Age. Nagpur: Lexis Nexis Butterworth and Wadhwa Publications.

  • Strate, L. (1999). The Varieties of Cyberspace: Problems in Definition and Delimitation. Western Journal of Communication, 63(4), pp. 382-412.


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  • Cyber Law for Trade and Commerce in India

Abstract Views: 419  |  PDF Views: 0

Authors

Ashutosh Verma
Indian Institute of Forest Management (IIFM), Bhopal.

Abstract


Cyberspace is a time-dependent set of interconnected information systems with no physical boundaries making it extremely complex system to be regulated. Parliament of India enacted the Information Technology Act in the year 2000 with extensive amendments in subsequent years. This paper deals with the legal framework and executive regulatory mechanism under this Act which is relevant for the trade and business operations in India. It analyses the implications of commercial agreements in cyberspace and the requirements to be fulfilled for affixing digital signatures on business agreements and documents. The recent rules framed under the Act aim to tighten the data protection regime in India and ensure the secrecy of the data provided by the customers. It puts the responsibility on the business entities for implementing adequate safety measures against unauthorized access and transmission of personal data. There are provisions for payment of compensation in case of damage to the computer systems and networks. However, in areas like intellectual property rights, the law needs to be strengthened to protect such rights in cyberspace.

Keywords


Cyber Law, Digital Signatures, E-documents, E-governance, Data Protection

References