Duty LXD-4930
Sends commercial email, in India
Information Technology Act, 2000, section 11, an electronic record sent by an information system programmed by or for the originator to operate automatically is attributed to the originatorsince 3 lines
Information Technology Act, 2000 (Act 21 of 2000), s. 11 · Read the law's page
- Treat an electronic record that an information system programmed by you or on your behalf sends automatically as attributed to you as its originator (section 11(c)).
- Treat an electronic record sent by a person who had the authority to act on your behalf in respect of that record as attributed to you as well (section 11(b)).
- Do not rely on the Act for a negotiable instrument other than a cheque, a power of attorney, a trust, a will, or a contract for the sale or conveyance of immovable property, which its First Schedule excludes (section 1(4)).
Information Technology Act, Compensation for Failure to Protect Data, and Sensitive Personal Data or Information Rules, Reasonable Security Practicessince 5 lines
Information Technology Act, 2000 (No. 21 of 2000), s.43A; Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (G.S.R. 313(E), ), rr. 3, 4, 5, 6, 8 · Read the law's page
- This binds a body corporate that possesses, deals in, or handles the sensitive personal data or information of a person, meaning a password, a financial account or payment-instrument detail, a physical, physiological, or mental health condition, sexual orientation, a medical record or history, or biometric information, in a computer resource it owns, controls, or operates; information that is freely available in the public domain or obtainable under the Right to Information Act, 2005 is not sensitive personal data or information under these Rules.
- Implement and maintain a comprehensive, documented information security programme with managerial, technical, operational, and physical control measures commensurate with the information assets you protect and the nature of your business; certifying to the international Standard IS/ISO/IEC 27001, or to a Central-Government-approved industry code of best practice, satisfies this duty as a matter of law, provided the certification is audited by an independent, government-approved auditor at least once a year or after a significant upgrade to your process or computer resource.
- Obtain the data provider's written consent, by letter, fax, or email, before collecting their sensitive personal data or information, let them decline or withdraw that consent, publish a privacy policy on your website, and designate a Grievance Officer who must resolve a complaint within one month.
- Negligently failing to implement or maintain these practices, where it causes wrongful loss or wrongful gain to any person, exposes you to an uncapped compensation claim under section 43A of the Information Technology Act; no criminal penalty attaches to section 43A itself.
- This duty is in effect now and is repealed once section 44(2) of the Digital Personal Data Protection Act, 2023 commences, currently scheduled for ; the DPDPA's own security-safeguards duty (section 8(5)) does not commence until the same date, so these Rules remain the operative standard until then.
CERT-In Cyber Security Directions, Incident Reporting, Logging and Time Synchronisationsince 5 lines
Directions under section 70B(6) of the Information Technology Act, 2000, No. 20(3)/2022-CERT-In (Indian Computer Emergency Response Team, Ministry of Electronics and Information Technology, ) · Read the law's page
- Connect all your ICT systems' clocks to the Network Time Protocol server of the National Informatics Centre or the National Physical Laboratory, or to an NTP server traceable to one of them, and ensure any other time source you use does not deviate from NPL or NIC.
- Report a listed cyber security incident, including a targeted attack, a data breach, a data leak, unauthorised access to your IT systems, an attack through a malicious or fake mobile app, or an attack on, or malicious or suspicious activity affecting, an AI or machine learning system, to CERT-In within six hours of noticing it or being notified of it, by email, phone, or fax; current reporting formats and channels are published on CERT-In's own website.
- Enable logs of all your ICT systems and retain them securely, within Indian jurisdiction, on a rolling 180-day basis, and provide them to CERT-In together with an incident report or when CERT-In orders or directs you to.
- Designate a Point of Contact to interface with CERT-In, using the format CERT-In publishes, and keep that designation current.
- If your own service is itself a data centre, a virtual private server provider, a cloud service provider, a virtual private network service, or a virtual asset (crypto) service provider, a narrower and heavier duty also applies: register and retain specified customer KYC information and financial-transaction records for five years. That narrower bound-party class is not one this profile's declared activities can identify on their own, so confirm applicability directly against the text if this describes your service.
- This binds a service provider, intermediary, data centre, body corporate, or Government organisation, the Information Technology Act's own general terms for essentially any commercial or professional actor operating a computer resource in India, not a licensed or sector-specific status; a company distributing software or operating a mobile app in India falls within this reach without needing a specific regulatory registration.
- Failing to furnish information CERT-In calls for, or to comply with a direction it issues, including these Directions, is punishable under section 70B(7) of the Information Technology Act with imprisonment for up to one year, a fine of up to one lakh rupees, or both.