Unlike in the U.S. or the EU there is no specific enactment on Data Protection in India. However, the Indian government is under increasing international pressure as well as from on-shore business process outsourcing operations and call centres that handle large volumes of data from the U.S. and Europe to pass a data protection law. Businesses are required by the Information Technology (Amendment) Act 2008 to “take all due care” with regard to security issues that should be adequately considered in respect of all their current data handling practices and future business developments. Failure to comply with provisions of the Information Technology (Amendment) Act 2008 can have serious consequences for a business and prosecution action can be taken against :
- The business itself
- People incharge and responsible for the conduct of business of the company at the time.
TechLegis is one of the few firms in India, with an established Data Protection and Privacy Practice. Members of the firm’s Data Protection and Privacy Practice group are internationally recognised as the leading data protection/ privacy law experts in India and regularly advise international as well as local clients on data privacy law in India in the context of the issues that arise in ecommerce business, cloud computing, big data, smart clothing, cross border data transfers and data processing. In addition, we have structured data protection and privacy policies for our clients.
Our services relating to Privacy and Data Protection issues include the following:
- Group-wide and international data protection audits;
- Contract reviews and drafting;
- Drafting intra-group/ multi-national data and information exchange agreements;
- Web site privacy policies;
- Drafting data protection and staff guides;
- Formulating data protection corporate compliance setup and drafting data protection manuals;
- Subject access requests / employment disputes; and
- Employee monitoring advice.
The members of the group have extensive experience in advising clients on data privacy issues and data handling best practices. Our team includes information technology, internet and e-commerce specialists. The mix of the team makes it ideally placed to deliver broad ranging practical advice and compliance solutions to businesses. Besides, the firm also conducts training programmes in Data Privacy and Corporate Compliance.