IT & Cyber Law Practice
IT & Cyber Law Practice
The Information Technology Act was enacted to implement the UN resolution and to promote efficient delivery of government services through reliable electronic records. According to its Preamble, the Act aims (a) to provide legal recognition to transactions conducted through electronic data interchange and other electronic communication methods, commonly known as electronic commerce, as alternatives to paper-based communication, and (b) to facilitate the electronic filing of documents with government agencies.
We provide comprehensive legal Services to our clients to protect from the cyber crimes and remedy, if they are victim of hacking, phishing, and other mode of cyber crimes.
Electronic Contracts
Electronic contracts are agreements formed through electronic communication such as email, online forms, or digital platforms. They are legally valid under the IT Act, provided offer, acceptance, and intention to create legal relations are established electronically.
Digital Signatures
A digital signature is an electronic authentication tool using asymmetric cryptography. It verifies the identity of the signer, ensures data integrity, and provides non-repudiation, making electronic documents legally enforceable.
Security Procedure for Electronic Records and Digital Signatures
The IT Act prescribes technical and procedural safeguards to protect electronic records and digital signatures. These include secure key generation, secure storage, controlled access, verification processes, and the use of hardware/software that meets government-approved standards.
Proceedings Before Certifying Authorities and the Controller of Certifying Authorities
Certifying Authorities (CAs) issue Digital Signature Certificates. Proceedings before them involve application scrutiny, verification of identity, compliance assessment, audits, and addressing grievances. The Controller oversees all CAs, ensures compliance, issues guidelines, and may conduct inquiries or impose penalties.
Procedure to Obtain a License for Issuing Digital Signature Certificates
To become a Certifying Authority, an applicant must submit a detailed application to the Controller, including technical infrastructure, financial capability, security policies, and manpower details. After evaluation, inspections, and meeting all requirements, the Controller grants a license to issue Digital Signature Certificates.
Various Types of Computer Crimes Under the IT Act, 2000
The Act defines several cyber offences, including:
- Unauthorized access or hacking (Section 66)
- Data theft and alteration (Section 43)
- Identity theft (Section 66C)
- Impersonation using computer resources (Section 66D)
- Cyber pornography and obscene materials (Section 67)
- Virus attacks, malware, DOS attacks
- Breach of confidentiality and privacy
Proceedings Before Adjudicating Officer
Adjudicating Officers (AOs) handle civil disputes related to cyber offences, especially involving financial loss or damage to electronic data. Complaints are filed before the AO, who examines evidence, hears parties, issues notices, imposes penalties, and may award compensation.