Advocate (Dr.) Prashant Mali's Blog

Social media, OTT Platforms, online news websites regulation in india (Information Technology Rules, 2021 ) This are the Rules framed pursuant to the powers conferred by Section 79(2)(c) and Section 69A(2) of the Information Technology Act, 2000 provides for classification of films and other entertainment programmes, including web series, bring digital news platforms within the ambit of regulations covering print and electronic media and attempts to rein in social media intermediaries.  Guidelines for intermediary and social media intermediary  The Rules define 'significant social media intermediary' as social media with users above the threshold notified by the Central government.  The Rules mandate that social media intermediary should 'enable the identification of the first originator of the information on its computer, as "may be required by a judicial or or an order passed by the Competent authority" and such an order shall only be passed for  the purposes of...

Brazilian LGPD & European GDPR Compared  Brazilian LGPD & European GDPR Compared  Brazilian General Data Protection Law ( Lei Geral de Protecao de Dados  or LGPD) , a law with many similarities to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective.  On April 29 of this year, Brazil’s President issued Provisional Measure 959 that, amongst other things, postponed the effective date of the LGPD, which was originally set to be effective August 2020, to May 3, 2021.  Brazil’s Chamber of Deputies amended the measure so that the LGPD would take effect in December 2020.  The Senate then decided that any postponement was void because the effective date had already been decided by Congress.  The amended measure was sent to the President for his signature, providing him with the date of September 17, 2020 to sign the measure, which would make the law effective as of the original effective date, or veto it.  The Pres...

Strategic Cybersecurity Thinking The ability to come up with effective plans in line with an organization's objectives within a particular cybersecurity situation. Strategic thinking helps cybersecurity managers review policy issues, perform long term planning, set goals and determine priorities, and identify potential risks and opportunities. Clearly, there needs to be a clear strategy as to what needs  to be done with respect to security. Such a strategy should determine the policies and  procedures. However in practice rarely a strategy for security is created. Most emphasis  is placed on policies, implementation of which is generally relegated to the lowest levels.  Rather it is assumed that most people will follow the policy that is created.  A strategic cybersecurity programme does not begin with tools and tactics, but with an articulation of one or more programme goals. Sun Tzu once said in The Art of War: “If you know the enemy and know yourself, yo...

Is Credit or Debit Card  PIN a Electronic Signature as per the Law ? For Lawyers across the world, click and wrap agreement i.e. the act of ticking an icon in the shape of a box to accept the terms of a contract can hardly count as a form of signature. In the physical world, that must be right. Similarly, it might be questioned that a personal identity number (PIN) can also be considered to be an electronic signature. Arguably, the PIN combines two functions. Before considering the two functions, consider the requirements of the bank. The bank needs to satisfy itself that: 1. The card is legitimate (this is difficult to achieve, as the reports about fraud demonstrate), and 2. The card is in the possession of the customer to whom it was issued, or a person authorised by the customer to use the card. If the bank satisfies itself that its computer systems are interacting with the card issued to the customer (which is not always the case), then the computer system...