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The Delhi High Court in the case of   Christian Louboutin SAS   v.   Nakul Bajaj and Ors. [i] ,   (hereinafter Louboutin case) has dealt in detail the circumstances where an E-commerce platform could be considered as an intermediary and when it loses the safe harbour under the Information Technology Act, 2000 (“Act”). The facts of the case are as follows. The defendant has been operating a website named   www.darveys.com   (“Website”) offering for sale, various luxury products including the plaintiff’s brand of luxury shoes under the brand “Christian Louboutin”. The plaintiff (Christian Louboutin SAS), claims that the Website gives an impression that ...
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The Personal Data Protection Bill, 2018 (“Bill”) and the Data Protection Committee’s (“Committee”) Report (released on 27 July 2018) contains the framework and the policymakers’ insight on protection of personal data in India. The recent Draft e-commerce policy indicates Government’s thought process on storing data in India. The Reserve Bank of India (RBI) in April this year mandates that all data generated by the payment systems in India, is to be stored in India. The Ministry of Health and Welfare has published the draft legislation called   Digital Information Security in Healthcare Act ,   to safeguard e-health records and patients’ privacy.  Thus, ...
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Acting on its vision for a National eHealth Authority (“NeHA”), the Ministry of Health and Welfare had introduced a draft bill for Digital Information Security in Healthcare Act (“DISHA” or “Draft Bill”). DISHA’s main purpose, as per its preamble is to (i) establish NeHA, State eHealth Authorities (“SeHA”) and Health Information Exchanges; (ii) standardise and regulate the process related to collection, storing, transmission and use of digital health data; (iii) and to ensure reliability, data privacy, confidentiality and security of digital health data”. Our previous note on the overview of DISHA can be read here   https://novojuris.com/2018/08/12/disha-the-future-direction-of-digital-health-information-in-india/ ...
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The Ministry of Health and Welfare in the year 2015 published a note on establishing a National eHealth Authority (“NeHA”) to regulate the emerging usage of electronic mediums in healthcare, especially for maintenance of e-Health records and digital health information across India. The goal of NeHA is “ to ensure development and promotion of eHealth ecosystem in India for enabling, the organization, management and provision of effective people-centred health services to all in an efficient, cost-effective and transparent manner”. The Ministry Health and Welfare (“Ministry”), eHealth Department has been working on developing international standards for creating, ...
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Justice BN Srikrishna Committee (“Committee”) which was formed with an intent to have a highly effective data protection law in India has finally submitted the draft bill to the Ministry of Electronic and Information Technology (“Ministry”) on 27 July 2018. The draft bill namely Personal Data Protection Bill, 2018 (“ Draft Bill ”) is a great expectation particularly after the European Union’s General Data Protection Regulation (“GDPR”) came into force on 25 May 2018. The Draft Bill is introduced at very important juncture, especially after recent judicial orders and judgments in the Aadhar case and in Justice Puttaswamy (Retd.) V. Union of India and Others. ...
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In 2003, Eric Johnson and Don Goldstein conducted a survey where the people were given two default choices, (i) people were informed that default was; not to be an organ donor (Opt-in) and (ii) other set of people were told that the default was; to be an organ donor (Opt-out). The results of this survey were surprising, in the first default choice where people had to opt-in to be an organ donor, only 42% of people opted-in or choose to become an organ donor. Whereas when people had to opt-out and make a decision that they do not want to be an organ donor, only 12% of people opted-out, 82 % of people choose to remain as organ donors. All the major countries ...
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Brazil updated: “GDPR” and Cloud Regulation Enacted -  Brief remarks of relevant aspects concerning data flow, privacy and protection in Brazil By Renato Opice Blum, Caio Lima, and Camila Rioja Originally published at the   Information Law Journal   Technology is pushing away remaining physical boundaries between countries and people – either in terms of social contact or services rendering. However, conflicting interests strengthen the need for a coherent legislative framework to address contemporary challenges regarding data protection, ownership and cross border information flow.   The million-dollar question as regards technology ...
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In November 2017, reports confirming a massive data hack at Uber compromising data of almost 57 million users surfaced online. It is pertinent to note that these reports surfaced almost one year after the actual breach occurred. Uber had not intimated when the incident occurred. This incident is an example to understand, why under GDPR providing a breach notification within 72 hours of any such breach has been mandatory if such a breach is directly going   result in a risk to the rights and freedoms of natural persons. The General Data Protection Regulation (“GDPR”) which will be effective from May 2018, will transform the way personal data of users/ individuals/ ...
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Consent under GDPR

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  Data is the new oil and the European Union with the new General Data Protection Regulations (“ GDPR ”) wants to regulate it, come May 2018. Given the wide territorial scope of GDPR the Regulation applies to the processing of personal data of a person (data subject) who are in the EU, regardless of where the data is processed, ie. in EU or outside of EU. Hence, if an Indian company has data of any person based in EU, then GDPR compliance become applicable and important. “Consent” is one of the core principles of GDPR. Consent is defined as   “means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he ...
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The European Union’s General Data Protection Regulation (the   “GDPR” ) that came into effect on 25 May 2018, is touted as the most widespread and robust change to data privacy and protection law in the world. Many entities around the world have been engaged for many months trying to put in place processes and mechanisms to ensure their compliance with the GDPR. Now that the regulation is effective, it will be interesting to evaluate whether on the basis of purposive interpretation, the letter and spirit of the GDPR has in fact been followed by those under its jurisdiction. In the course of this article, we will take a look at some of the most common changes ...
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Dear ItechLaw members, Yesterday, on the 14th of August 2018, the President Michel Temer sanctioned the Brazilian General Data Protection Law (LGPD), which regulates the processing of personal data by individuals, private entities and public authorities. The LGPD reproduces some of the central points of the General Data Protection Regulation (GDPR), an European regulation that became effective on May 25th, and which requires quite significant compliance measures by companies that process data or offer services to individuals in Europe. Similarly to the European legislation, the LGPD establishes the principle of extraterritoriality, that is, the Law also applies ...
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This is an important historical moment in Brazil and worldwide. People are experiencing up here the devaluation of the currency, uncertainties (and certainties) about the political future of the country, the operation Lava-Jato, the homosexual after-dawn and the discovery of polylove, mass unemployment, economic crisis, the (anti)institutionalization of bullying, 1  general elections), Zika-virus outbreaks, the new civil procedure code, the world cup - and the year is yet to finish the first semester. Although universal, the transformations lived are yet accessible and anyone can be a part of it directly from the living room sofa, in almost every city in ...
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Cyber Research & Innovation Society (CRIS) in collaboration with CyberImmersions Solutions & (ISC) 2 Delhi Chapter is delighted to launch their next conference on “The Blockchain Technology - A Revolution to Transform Society” on May 12 th at India International Center, New Delhi.   Key topics for the conference include: Blockchain Fundamentals Blockchain – Is it secure? What are the challenges? Blockchain – Legal and privacy issues Blockchain applications to transform the society Cryptocurrencies – How they work? Cryptocurrencies and cyber-crimes – the road ahead   Join us in the exciting discussion with the blockchain ...
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The budget committee of the Italian Chamber of Deputies approved - in the context of the discussion on the annual Budget Law - an amendment focused on fintech . The law will be approved by the Chamber of Deputies and then by the Senate in the current month. The amendment, proposed by MP Sebastiano Barbanti as first signer, is the outcome of an intense debate carried out before the Chamber of Deputies in the last months by means of ad hoc  auditions of key stakeholders on the role of fintech   for the Italian economy. Here follow the main measures approved by the budget committee: Italian "sandbox"  - within 90 days starting from the entry ...
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I write this after reading the recent judgment of the Delhi High Court in Cub Pty Ltd. Vs. Union of India, where the Court, interpreting Section 9(1) (i) of the Income Tax Act, 1961, concluded that for taxation of capital gains resulting from assignment of intangible assets such as trademarks, brand logos and other IP, the situs of the owner of that asset should be considered. The judgement states that such gains should be taxed only at the place of the situs of the owner. The entire judgement relied on the legal maxim Mobilia Sequuntur Personam, which means “movables follow the law of the person”. Intellectual properties being “movable ...
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The philosophy of Prof. Lawrence Lessing regarding the control of internet through its code and ‘the declaration of independence of cyberspace’ by John Perry Barlaw are in interlocked stage. The movement of the governance of internet is slowly and slowly moving towards regulations by the state due to the continuously rising threats of Cyber Terrorism, Ransomware etc which has become serious concern to the society. The state in its endeavour to control the internet has come with various technical approaches recently in debate such as net neutrality, encryption policy, backdoor in an encryption etc. However, these find little acceptance because of virtual, complex ...
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How To Become A Cyber Lawyer With the evaluation of e-governance and society moving towards digitization, the Information Technology has penetrated in every sphere of life and the profession of law, being no exception, is immensely impacted by it. The proliferation comprises of e-Business, Digital Communication, Digital Evidence, hacking, DDoS attacks, online frauds and includes everything in the digital realm which has to be handled in court litigations. Further, the internet lacks boundary and as such cyber laws have been structured in a manner to have universal applications. Cyber crime is at all time high and so thrust broad challenges ...
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Rovio Entertainment Ltd , a well-known global producer of online video games, has obtained a partially favourable decision from the Romanian Trademark Office (OSIM) in opposition proceedings (October 12 2015, summoned on October 16 2015). The decision is important for Rovio as OSIM recognised the reputation of the ANGRY trademark for "online video games" in Romania. A Romanian company applied for the registration of the trademark ANGRY BITE (M 2013 01326) for goods in Class 30 and services in Class 35 of the Nice Classification . Rovio filed an opposition against the application based on the following trademarks: ANGRY (CTM 010553634) ...
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International business trade is facing an unprecedented threat of frauds from organized crime, particularly, an intelligent, knowledgeable group of hackers and recent fraud with ONGC is one of the crime involving huge amount of Rs. 197 Cr. Such scams earlier known as Man-In-the-Email Scam now involves sophisticated modus operandi and targets businesses working with foreign suppliers that regularly perform wire transfer payments. Cyber Crimes have become lucrative with a high returns coupled with low risk and as such the hackers have become very focused and motivated. They are not in hurry to launch and attack quickly but act in a slow and steady but aggressively ...
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INTRODUCTION Arbitration has proved to be preferred method for resolving the dispute amicably and it also maintains neutrality, certainty and efficacy by enforcing the principle of party autonomy. In the last couple of years, the pervasiveness of Arbitration in resolving disputes had generated a number of gaps requiring the rules and customs which were absent in the early stages of development of Arbitration. The need was felt to remove the problems experienced in the Arbitration Mechanism and particularly in complex or multi-party proceedings so as to prevent the scope for misuse of Arbitration Process. Considering the need for modifications ...
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