Technology, cyber law and data privacy advisory
Technology has become an integral part of how businesses operate, communicate, collect information, and provide services. With increasing reliance on digital platforms, organisations must also address data protection obligations, cybersecurity risks, online disputes, and the legal use of electronic evidence.
Our technology and cyber law practice assists businesses, organisations, and individuals with data privacy compliance, cyber law matters, technology-related agreements, online disputes, digital evidence, and legal issues arising from the use of digital platforms.
We advise clients with reference to applicable Indian technology and data protection laws, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, the Bharatiya Sakshya Adhiniyam, 2023, and other applicable regulations.
Technology & Cyber Law Matters We Handle
- Data privacy compliance: Reviewing organisational practices concerning the collection, use, storage, and sharing of personal data.
- DPDP Act compliance: Advising organisations on obligations under the Digital Personal Data Protection Act, 2023 and applicable rules and regulations.
- Privacy notices: Drafting and reviewing privacy policies, notices, and related disclosures.
- Consent mechanisms: Advising on consent collection and related documentation where required by applicable law.
- Data breach response: Legal assistance following suspected or confirmed personal-data breaches and cybersecurity incidents.
- Cybercrime matters: Assistance in matters involving online fraud, unauthorised access, identity-related offences, data theft, and other cyber offences.
- Online fraud and financial scams: Legal assistance concerning digital payment fraud, phishing, impersonation, and other online fraudulent activity.
- Intermediary liability: Advising businesses and online platforms on intermediary-related legal issues under applicable Indian law.
- Digital evidence: Assistance with identifying, preserving, presenting, and relying upon electronic records in legal proceedings.
- Online defamation: Legal assistance concerning allegedly defamatory content published through social media, websites, messaging platforms, or other digital channels.
- Technology contracts: Drafting and reviewing technology-related agreements, terms of service, privacy clauses, confidentiality provisions, and data-processing arrangements.
- Cybersecurity legal advisory: Reviewing contractual and legal obligations relating to information security and protection of digital information.
Data Privacy & DPDP Act Compliance
The Digital Personal Data Protection Act, 2023 establishes a statutory framework governing the processing of digital personal data in India.
- Understanding obligations under the DPDP framework
- Reviewing personal-data collection practices
- Reviewing data-processing activities
- Privacy notices and disclosures
- Consent mechanisms
- Data-use and purpose-related requirements
- Data retention and deletion considerations
- Security safeguard requirements
- Data breach response procedures
- Data Principal rights-related processes
- Contracts involving personal-data processing
- Internal privacy policies and procedures
- Assessment of obligations applicable to Data Fiduciaries
- Advising on obligations applicable to Significant Data Fiduciaries where notified and applicable
- The precise obligations applicable to an organisation depend on the nature and scale of its data-processing activities and the provisions and rules in force at the relevant time.
Cybercrime & Online Fraud
Digital offences can involve individuals, businesses, financial institutions, online platforms, and other organisations.
- Unauthorised access to computer systems
- Data theft
- Identity-related cyber offences
- Online financial fraud
- Phishing and impersonation
- Hacking-related complaints
- Misuse of personal information
- Unauthorised publication or transmission of digital content
- Social-media-related disputes
- Cyber harassment
- Online defamation
- Cybercrime complaints and related proceedings
- Where appropriate, we assist clients in understanding the available legal remedies and the importance of preserving relevant electronic evidence.
Digital Evidence & Electronic Records
Electronic evidence may play an important role in both civil and criminal proceedings.
- Emails
- WhatsApp and other messaging records
- Social-media posts
- Electronic documents
- Photographs and videos
- Audio recordings
- Call records and related electronic data
- Transaction records
- Website content
- Server or system-generated records
- Digital correspondence
- We assist with the legal aspects of identifying, preserving, organising, and presenting electronic material for use in appropriate proceedings.
- The admissibility and evidentiary requirements applicable to electronic records must be assessed under the law in force at the relevant time, including the Bharatiya Sakshya Adhiniyam, 2023.
Online Defamation & Digital Content Disputes
A statement published online can potentially create legal consequences where it satisfies the requirements of applicable law.
- Social-media defamation disputes
- Website and online publication disputes
- Unauthorised publication of content
- Takedown-related legal requests
- Legal notices concerning online content
- Civil remedies
- Injunction proceedings
- Criminal-law aspects where applicable
- Evidence preservation
- Each online-content dispute requires an assessment of the exact content, context, publication, identity of the parties involved, and applicable legal provisions.
Technology Contracts & Privacy Documentation
Businesses operating digitally often require contracts that clearly establish how technology, data, content, and confidential information may be used.
- Privacy policies
- Website terms and conditions
- Terms of service
- Data-processing clauses
- Confidentiality agreements
- Non-disclosure agreements
- Technology service agreements
- Software-related agreements
- Vendor and service-provider agreements
- Data-sharing arrangements
- Intellectual property and technology clauses
Data Breach & Cyber Incident Response
A suspected data breach can require both immediate technical action and careful legal assessment.
- Initial legal assessment of the incident
- Identifying applicable legal obligations
- Reviewing contractual notification requirements
- Advising on communications and notices
- Documentation of the incident and response
- Coordination with relevant technical professionals
- Regulatory and legal response
- Review of post-incident compliance measures
- Organisations should have appropriate incident-response procedures in place before a breach occurs, rather than relying solely on reactive measures.
How We Help
- Legal assessment: Reviewing the technology, data, or cyber issue and identifying the applicable legal framework.
- Compliance review: Assessing data-processing practices and relevant documentation.
- Policy drafting: Preparing privacy policies, notices, terms, and internal procedures.
- Contract review: Examining technology agreements and data-related contractual obligations.
- Cyber incident assistance: Providing legal support following suspected cyber incidents or data breaches.
- Legal notices: Drafting and responding to notices concerning online content, data misuse, and technology disputes.
- Evidence assistance: Advising on preservation and use of electronic records in legal proceedings.
- Dispute resolution: Assisting with negotiation, mediation, litigation, and other appropriate remedies.
- Regulatory advisory: Monitoring applicable legal requirements and advising clients on compliance steps.
Our Approach
Technology law requires an understanding of both the legal framework and the way digital systems operate in practice. We therefore begin by identifying how the technology, data, platform, or digital activity functions and then examine the applicable legal obligations. For businesses, our approach focuses on practical compliance, appropriate documentation, contractual safeguards, and risk management. For individuals facing cyber-related disputes, we focus on understanding the digital evidence, identifying the relevant legal provisions, and explaining the available remedies. Technology and data-protection regulations continue to develop. Advice should therefore be based on the legislation, rules, notifications, and regulatory requirements applicable at the time of the particular matter.
Frequently Asked Questions
What is the Digital Personal Data Protection Act, 2023?
The Digital Personal Data Protection Act, 2023 establishes India's statutory framework governing the processing of digital personal data and sets out obligations and rights applicable to entities and individuals covered by the legislation.
Does every business need to comply with the DPDP Act?
The applicability and specific obligations depend on the nature of the organisation's activities, the personal data being processed, and the provisions and rules applicable at the relevant time. A business should assess its own data-processing activities rather than assuming that one compliance model applies to every organisation.
What is a Data Fiduciary?
A Data Fiduciary is an entity or person that determines the purpose and means of processing personal data under the DPDP framework. The obligations applicable to a Data Fiduciary depend on the Act and the rules in force.
What is a Significant Data Fiduciary?
The DPDP Act provides for certain Data Fiduciaries to be classified as Significant Data Fiduciaries based on prescribed criteria. Additional obligations may apply to entities falling within that category.
What should a business do after a data breach?
The organisation should promptly investigate and contain the incident, preserve relevant evidence, assess the affected data and applicable legal obligations, and take any notifications or other steps required under the law and applicable contractual arrangements.
Can you draft a privacy policy for my business?
Yes. We can assist with reviewing the organisation's data practices and preparing or updating privacy notices and related documentation to reflect applicable legal requirements.
What is cybercrime?
Cybercrime broadly refers to offences involving computers, computer systems, communication devices, digital networks, or electronic information. The precise offence and applicable law depend on the conduct and circumstances involved.
Can I take legal action if someone has hacked my account?
Potentially, yes. The appropriate response depends on the nature of the unauthorised access, the evidence available, the affected account or system, and the circumstances. Prompt preservation of digital evidence can be important.
Can WhatsApp messages be used as evidence in court?
Electronic communications may be relied upon as evidence subject to the applicable evidentiary requirements. The manner in which electronic records are produced, authenticated, and proved must be assessed under the law applicable to the proceeding.
Can social-media posts amount to defamation?
An online statement may give rise to a defamation claim if the applicable legal requirements are satisfied. The exact words, context, publication, identification of the person concerned, and resulting legal consequences are relevant.
Can a business be legally responsible for data shared with a third-party service provider?
The legal responsibilities depend on the nature of the relationship, the applicable data-protection framework, contractual arrangements, and the role of each party in processing the data.
Do you handle cybercrime complaints?
We assist with legal aspects of cybercrime matters, including assessment of the facts, documentation and evidence, legal notices, complaints, and appropriate proceedings depending on the circumstances.
Is data privacy compliance a one-time process?
No. Data practices, technology, vendors, business models, and legal requirements can change. Organisations should periodically review their privacy documentation, contracts, processing practices, security measures, and compliance procedures.
Contact us for a confidential consultation to discuss your technology, cyber law, or data privacy matter and understand the legal and compliance steps relevant to your situation.
