Author: Salman Waris

Publisher: Getting The Deal Through, Law Business Research, London

Published in: February 2015

Download: Getting the Deal Through – Cybersecurity 2015 – India

Getting the Deal Through has published the 2015 edition of Cybersecutiy, a volume in the series of annual reports that provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. With recent data breaches and cybercrime causing widespread concern amongst businesses and individuals, Getting the Deal Through – Cybersecurity is a timely addition to the series, providing a comprehensive international overview of relevant cybersecurity legislation and regulations.

This 2015 edition covers a number of key topics concerning cybersecurity and the legal framework for 15 jurisdictions world-wide. The subjects covered by Getting The Deal Through – Cybersecurity 2015 includes relevant national legislation, international standards and industry best practices; economic sectors affected by cybersecurity regulations; required data protection measures; obligations and liabilities of personnel and directors; relevant legislation concerning threats to intellectual property, critical infrastructure, privacy and civil liberties; challenges introduced by cloud computing; cybersecurity insurance; enforcement, compliance and regulatory oversight; threat detection and reporting; and recommended procedures for responding to data breaches.

The chapter on India jurisdiction for Getting the Deal Through – Cybersecurity 2015 has been authored by Salman Waris and has been made available for download.

Update and trends

The principal challenge of developing cybersecurity regulations in India is the lack of proper political or government will to deal with issues relating to cybersecurity and to enact proper laws and regulations dealing with the same. In the past the notifications or regulations relating to cyberlaw and cybersecurity have generally been passed as a knee-jerk reaction to specific instances or controversies rather than based on concerted efforts and legislative process. The proposed cybersecurity policy of India has been pending government approval and implementation for quite some time.

Industry bodies such as the National Association of Software and Services Companies and the DSCI have been making regular efforts and lobbying the government to implement more stringent law and regulations with regard to cybersecurity. The amendments to the existing Information Technology Act were enacted primarily due to the efforts of such bodies.

However, with the recent political changes and the coming to power of a strong nationalistic government at the federal level it is now hoped that in the near future there will be some progress with the pending legislation and similarly the enactment of separate legislation with regard to cybersecurity.

Original author: salmanwaris