Super Lawyer

Tag: Cyber Security Law

  • The real success of a merger or acquisition lies in the integration that follows completion of the transaction.” – Vasanthika Srinath, Founder Partner of Kosmos Partners

    The real success of a merger or acquisition lies in the integration that follows completion of the transaction.” – Vasanthika Srinath, Founder Partner of Kosmos Partners

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you share with us your journey into the legal profession? What sparked your interest in law and led you to specialize in international privacy law and corporate law specifically?

    I started working as a business journalist in 1994, after graduating with a degree in commerce and economics from Bombay University (as it was called then). A chance meeting with a friend convinced me to study law, as I believed that it would improve my skills and help me become a better business journalist.  (The Stock Market was still reeling from the effect of the 1992 scam and knowledge of various corporate and business laws would help.) So I enrolled to study at the prestigious Government Law College at Church gate, mostly, because it was close to my workplace and early morning classes allowed us to work all day. I signed up for a moot court competition within a few months of classes and I immediately knew that this is what I want to do in the long run!  So I eventually quit journalism a few months later to focus on my law studies. 

    There were no privacy laws then – and my favourite subjects in college were the law of Torts, Contracts, Interpretation of Statutes and Private International law. I eventually joined Desai & Diwanji, where I was introduced to corporate commercial law, property law and commercial litigation. I wanted to become a counsel, so I joined the chambers of Snehal Paranjape and started my practice as a Counsel in the Original Side of the Bombay High Court. After a year and half I relocated to Bangalore, and as I did not know Kannada then (I am fluent now), I went back to doing corporate work and then moved in-house.

    I worked for a few companies, setting up their legal function and then became the General Counsel of some large IT / ITES companies. Contracts and negotiations are the life blood and most important aspect for any corporate lawyer, and as the legal head, I was also responsible for supporting growth of the business across countries, mergers and acquisitions and compliance, apart from everything else that comes with the role. When I was the General Counsel of Minacs, the Company was acquired by Concentrix, and I set up the Compliance function at Concentrix. That’s about when GDPR happened and I was one person in the company who had no conflict of interest in taking up the role of the Data Protection Officer (DPO). So I learned all about Data Protection and Privacy and set up the privacy function. Gradually, we saw the introduction of Artificial Intelligence where the laws are even more challenging. I was also responsible to ensure that we had a framework in place to ensure ethical and responsible AI design.  I learnt a lot on the job and it was very exciting and enriching for me.

    In December 2023, I joined hands with my old friend, Rashmi Sharma, and we set up Kosmos Partners together.

    So this is my career trajectory in a snapshot – property, corporate advisory, litigation, back to corporate transactions (this time in-house – mostly tech laws), corporate compliance and data protection and privacy, AI regulations and finally – back to practice.

    You’ve had an impressive career spanning over 25 years, with significant roles in various organizations. How have these experiences shaped your understanding of international privacy law and corporate legal practices?

    One can never understate the value of experience. Each and every transaction, incident, case or matter comes with its own learning. I was extremely fortunate to be at the right place at the right time and to handle the kind of matters I got to do. I was very fortunate to have the opportunity to handle quite a few mergers and acquisitions independently right at the start of my in-house career and that was a great learning. I negotiated a couple of very challenging multi-jurisdictional contracts with large corporations, who are known to be very rigid and unwilling to bend on some key terms, but we still managed to get excellent terms from them based on how we positioned ourselves. Some of these learnings taught me how to break up a problem into smaller pieces to solve it better, how to take a step back and understand the big picture, how to bring value to the table and demonstrate that, especially while negotiating.

    I travelled extensively to negotiate contracts with large clients and also, as part of my role as the Compliance leader.  This exposure taught me a lot about the laws and legal practices of many other countries, their cultures and also helped me understand the data protection, privacy and cyber security laws and practices in various countries.  I also began to appreciate how law and privacy are closely linked to the local culture. I think it is necessary to understand the history and culture of the other country before negotiating a contract or working on compliances or data privacy requirements of that country to be more effective.

    One of the biggest challenges is to try to help the business create business processes that comply with the laws of multiple jurisdictions without making it too complicated for the business.

    I also learned how important it is to understand the business and its challenges before we try to teach them the law. Once we understand their challenges, as lawyers, we should partner with the business and help solve their problems in a more practical way, rather than preaching to them. Raising awareness of the laws and regulations among business teams is also very important for business lawyers. 

    Given the dynamic nature of data privacy laws globally, how do you stay updated with the latest developments and how do these changes impact your clients?

    The only way to stay updated is to read, read and read. There are quite a few free online legal subscriptions that one can subscribe to, so one is updated of the latest regulations. Also, consider joining online groups and WhatsApp, which are good at information sharing, many of them are rather helpful too.   

    Could you walk us through a challenging case or project you’ve handled in international privacy law? How did you navigate through it and what were the key takeaways?

    One of the most challenging project was during the outbreak of the COVID-19 pandemic, and having to support the business teams in moving to work from home in a very short time. We barely had time to understand what was happening and we needed to move all equipment to employees’ homes in multiple countries around the same time. These had privacy and compliance implications, which we had to deal with for each country separately. Not only that, every country / city / state kept coming out with various regulations and notifications, which a couple of us were closely tracking real-time.

    Soon enough, the tech teams had to come up with tools to protect the security of the data that was to processed by employees from their homes, which had even more privacy challenges. Our challenge was to walk the fine line between protecting the company and its client data and confidential information and to ensure cyber security on one hand, while on the other hand, ensuring that we do not violate privacy rights. We had a great team that rose to the challenge very well. We had to understand the needs of the business, the proposed solution, its impact on privacy and then map it against the laws of each country, so we could then work with the teams on implementing a viable solution. The biggest takeaway from such projects was the importance of team effort.  Understanding the laws, of course, was important, but none of these challenging projects are successful unless everyone comes together as a larger team. 

    In your opinion, what are some of the most common misconceptions clients have about data privacy laws, and how do you address them in your practice?

    The largest misconception clients have about data privacy laws is that they are fully compliant since they are GDPR compliant. GDPR is considered as the gold standard in data privacy, but one does not need to implement GDPR across board indiscriminately. Some clients take pride in doing that. But the Indian privacy law is more focused on a consent driven approach, and if you needlessly implement GDPR for Indian data principles, you will anyway have to take a look at everything once again.

    Transitioning to corporate law, what are some of the most rewarding aspects of advising on mergers and acquisitions or structuring financial transactions? Could you share a memorable experience from your career in this field?

    I have handled and led quite a few mergers and acquisitions as the legal head. Though mergers and acquisitions are long, complex and challenging transactions, they are just the beginning. The real success of a merger or acquisition lies in the integration, that follows completion of the transaction.  And to ensure that the integration is complete and thorough, one must ensure that the due diligence was as complete and thorough. More often than not, sadly, due diligence is left to junior lawyers, who may not even understand the challenges in the documents they have been checking.

    One very memorable transaction for me, very early in my career was a deal where we were acquiring a company headquartered in the US with a subsidiary in India. The founder had passed and his wife was unable to run the business and hence selling it. There were quite a few challenges in the deal right from the start. We found tax issues and litigation in the due diligence, both in US and India. The seller wanted to retire and did not want to be saddled with any of the issues, especially in India, so she wanted us to buy the stocks in the holding company and take care of everything, while we wanted only to buy out all the assets so we did not have to deal with their tax matters. The negotiations, led by our CFO almost came to breaking point as we could not agree on the transaction structure.

    Finally, we went to our CEO and I will never forget how he broke down the transaction into smaller parts and suggested why don’t we take the stocks of the Indian company as we can deal with their litigation here since we are local and set up a new company in US and buy out the assets there, and leave the Seller to clean up the tax issues in US since she was a local there, which was acceptable to her too. We had to look at the key pain points for both parties and resolve that, and it suddenly became a win-win for both parties.  The same transaction also saw the Seller sacking her CA in the middle of the transaction. She had retained the CA to negotiate the transaction as well as vet the contract for her, but it turned out that he was not really providing her much support on the contract piece. After some time, she ended placing so much trust and faith in me that she would sign any document only if I confirmed that I have seen it and it is ok for her to sign. I had to remind her that I do not represent her, but she still reposed so much trust and faith in me to draft a fair document. That was a very overwhelming experience, and something I can’t forget.

    As someone who has held leadership positions in legal departments of major corporations, what advice would you give to young professionals looking to advance their careers in corporate law and privacy law?

    Young professionals should try to develop an understanding of the business and develop a strategic outlook.

    For in house counsels, focus on developing a deep understanding of the company’s business objectives. This involves not only knowing the law but also understanding how it impacts the bottom line. Additionally, cultivating strong interpersonal and communication skills is crucial. The ability to build relationships with colleagues across different departments, and to articulate complex legal concepts in clear and concise terms, is invaluable.

    Privacy lawyers, should necessarily try to develop some technical expertise. Beyond technical expertise, develop a strategic mindset. Anticipating legal risks and providing proactive solutions is essential for career growth. Seeking out opportunities to take on leadership roles, even at an early stage, can accelerate professional development.

    Also, do seek out a mentor, take their advice, and learn from their experience. Later, as you grow in your career, please do mentor juniors. It is our duty to keep grooming younger lawyers and build a legacy.

    Finally, considering your extensive experience and success in the legal field, what advice would you offer to fresh graduates aspiring to follow a similar path in international privacy law and corporate law?

    This is a very exciting time for fresh graduates – especially with the rapid changes to technology that we are seeing and will continue to see. The most important thing is for them to work on building a strong foundation and develop a deep understanding of the core legal principles and business fundamentals. Secondly, build a global outlook. Both privacy and corporate laws transcend borders nowadays, so it is important to stay updated on the legal and regulatory developments worldwide. Last, but not the least, as lawyers, we have to be committed to a lifetime of learning. Although Continued Legal Education is not mandatory in India, it is something we owe to ourselves. In addition, it is necessary to build a good professional network, and develop skills in legal writing, drafting, negotiations and communication and try to align yourself with a field of law that you feel passionate about. Don’t do something because it appears to be the cool thing to do. Otherwise, it will eventually wear you down. Enjoy your work and you will continue to cherish it. 

    Get in touch with Vasanthika Srinath-

  • “Marrying Facts and Law for Practical Counsel & understanding the intricacies of business alongside legalities ensures effective client execution and success in today’s dynamic market.” – Nayantara Devaya, Founding & Managing Partner of Catkin Legal

    “Marrying Facts and Law for Practical Counsel & understanding the intricacies of business alongside legalities ensures effective client execution and success in today’s dynamic market.” – Nayantara Devaya, Founding & Managing Partner of Catkin Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    You’ve had an impressive journey from working in prestigious firms like Khaitan & Co and AZB & Partners to founding Catkin Legal. Could you please walk us through your journey and share how each phase of your career contributed to your growth as a legal professional and entrepreneur?

    AZB & Partners and Khaitan & Co, are important institutions in my growth as a professional. It provided me with the experience and finesse that a corporate lawyer requires to navigate the era where lawyers are considered valid in board rooms and business transactions, other than just court rooms. While I was working with the firms, they provided me with opportunities to work on some important transactions in the business world. The firms gave me an idea of acceptable global standards and exposure to global working environments. The pedigree I got from the firms has shaped a lot of how we do business in Catkin Legal.

    Given your extensive experience in Corporate & Commercial laws, what unique challenges have you encountered in advising companies on Information Security Privacy Law and Cyber Risk Management amidst the digital surge in various industries?

    AZB We are seeing a surge in the relevance of lawyers in the new business era. Business heads are recognising the importance of working with lawyers on a day-to-day business to ensure smoother operations of their businesses. While old business houses are passing on hands to the new generation new leaders are very encouraging of legal support to their business teams in closing transactions and operational issues. While real time businesses are going digital sensitizing leaders on the security of information they are procuring, and the importance of certifications is increasing.

    As a strong advocate for mental health, how do you integrate initiatives for well-being within Catkin Legal, and what impact do you believe it has on the overall performance and satisfaction of your team?

    At Catkin, we propagate mental health and well-being. Our employees may avail of mental health leave once a month for a day which can be extended. The associates do not need to cite their reason for being on MHL. Additionally, the partners are very aware of not overburdening our associates with manic hours. Associates have the freedom to tell their leaders that they need a break. As leaders, we are responsible for the work but not for deciding when one need a break. The career is very demanding, and we want our associates to run long not fast.

    Considering your multifaceted experience, what advice would you give to aspiring legal professionals aiming to build a successful career that transcends traditional boundaries and embraces new dimensions of law and business?

    With the energy and enthusiasm the young blood brings to the profession, I would always advise not just new but any lawyer to marry the facts and understand how the business or product runs along with the law. If this does not happen the advice we are dispensing to the client becomes redundant as they cannot execute it on the ground. Due to this gap, there have been numerous judgements that are impossible to implement.

    Mentors often play a crucial role in one’s professional development. Could you discuss the influence of any mentors or role models who have inspired and guided you throughout your career journey?

    My career is basically me being a living proof that I have had the most amazing mentors. They have helped me navigate the legal profession and understand how to manage teams and clients. But more importantly in their understanding of the law, people management skills, negotiating skills, and life skills

    Founding Catkin Legal marked a significant milestone in your career. What motivated you to establish your own firm, and what were some of the initial challenges you faced in setting up and establishing its reputation in the legal industry?

     I think starting my own law firm was always a goal. My parents- who have always been the wind beneath my wings were very encouraging of starting my own practice even though I do not come from a family of lawyers. Believing in my goal every day in the last 15 years and working on that goal every day and working on myself made me start my firm. One of the key challenges we face is to keep being relevant. We keep upgrading our skill set and recrafting our working models to ensure we are a relevant and sustainable firm

    Building a clientele and reputation from scratch can be daunting. Can you share some strategies or initiatives you implemented in the early days of Catkin Legal to attract clients and differentiate your firm in a competitive market?

    Balancing multiple responsibilities as a managing partner, legal advisor, and advocate for mental health advocacy can be demanding. How do you prioritize your time and commitments to ensure both professional excellence and personal well-being? I think all these roles are interdependent. I try and understand the urgency and support required for each situation on a weekly basis and set my priority on a need basis. I believe in a physically fit and mentally healthy life, so for me, that comes first. I do not work alone. I have teams for all tasks and project- Home-work -or anywhere else where I want to contribute. Creating and cherishing capable leaders and individuals within or teams, helps us go a long way.

    Your career has seen transitions from working in prestigious law firms to in-house legal roles and eventually founding your own firm. Could you share your experience of navigating these transitions and highlight the differences in working environments between law firms, corporate settings, and running your own legal practice?

    Law firms and business houses systems are already in place. You come in and integrate into an already existing system and grow with the system. Starting a law firm or any business involves starting or creating systems that others can integrate into. As a business owner, the biggest challenge is not creating that ecosystem but ensuring its sustainability. A huge part of my role is troubleshooting to ensure the ecosystem of catkin remains healthy and sustainable in all areas.

    With your busy schedule and diverse professional engagements, how do you unwind and recharge outside of work? Could you share some of your favorite relaxation techniques or activities that help you maintain balance and rejuvenate your energy?

    A good cardio workout and yoga is my favourite kind of unwinding. I try to pack in this at least six times a week. I enjoy a good movie. I like to read, but we read a lot at work and usually, it becomes my last option. Oh, recently I’ve been enjoying reading storybooks to my two-year-old son.

    Get in touch with Nayantara Devaya-

  • “As a cyber security advocate, I strive to strengthen laws and policies to combat emerging threats and safeguard digital ecosystems.” – Media Persona and Legal Luminary Dr. Shruti Bist, Advocate-on-Record at the Supreme Court of India

    “As a cyber security advocate, I strive to strengthen laws and policies to combat emerging threats and safeguard digital ecosystems.” – Media Persona and Legal Luminary Dr. Shruti Bist, Advocate-on-Record at the Supreme Court of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    For our readers who might be encountering you for the first time,  could you share a bit about your journey in the legal profession and your  various roles in the realms of cyber law, corporate law, and advocacy? Also what made you choose law as your career. 

    I am LLM in Corporate laws, I started my legal career as legal executive at  Thomson Reuters in 2015. I then shifted from Corporate to litigation and  worked with Seth associates under guidance of karnika Seth mam in field of  Cyber laws, arbitration and litigation .Then I joined AOR training under guidance  of Senior Advocate Supreme Court S Janani mam and started my independent  practice in Supreme Court from 2020 and qualified my AOR as well. I had  passion for law since the scope of law is very vast and also legal awareness  empowers women to exist with respect in society. 

    In addition to your legal practice, you are actively involved in media  as a TV panellist and public speaker. How do you balance these different  roles, and how has being a media personality influenced your work in law  and advocacy? 

    Yes I am a media panellist and have appeared on various legal issues and debates in DD  news, Republic Bharat, Zee News, TV 100, Nation live and others. I believe it’s also important for lawyers to increase awareness on legal issues to prevent crimes  from happening .We can balance our media work when we are free from court  hearings and being a media personality certainly adds on to your communication  skill and confidence . 

    You are an international arbitrator and mediator accredited in  London and Singapore. How does international arbitration differ from  domestic cases, and what challenges and opportunities does it present? 

    Yes I am an international arbitrator and mediator both and the work of International  mediation and arbitration certainly is more accountable since you have to  generate work for yourself and also meet International standards. In domestic  mediation matrimonial and commercial disputes are handled comfortably and are having good and huge scope to grow. The challenges of young lawyers entering  is high since big corporates prefer Singapore as base and also retired judges are  preferred as arbitrator hence new arbitrators find it tough. International arbitration is a new arena in India and Singapore leads. We look forward to improving  international arbitration in India as well. 

    As the President of the National Cyber Security Council for Women’s  Indian Chamber and Commerce Industry, you play a key role in policy making for cyber laws. What are the most pressing cyber threats faced by  individuals and businesses today, and how can one stay vigilant in the digital  age? 

    As president of the Cyber Security Council ,WICCI I actively forward  representations to PMO and various ministries for better implementation of cyber  laws in India. I worked on regulations of OTT platforms and drafting on  Intermediary Guidelines And Digital Media Ethics Code Rules 2021. I believe  further amendment on Broadcasting Services (Regulation) Bill, 2023 is must and  provision of cable Tv Act and TRAI regulation to further make the regulations  of OTT platforms stringent is must .Cyber threats such AI crimes Deepfakes;  driverless vehicles as a weapon; tailored phishing; disrupting AI-controlled  systems; large-scale blackmail; AI-authored fake new s are latest threat and is  must to prevent . 

    By going through news on various crimes happening and latest measures to  prevent crime available on google such as internet security, unique passwords etc  can help prevent crimes . 

    Your expertise was sought during the drafting of Information  Technology (Intermediary Guidelines And Digital Media Ethics Code Rules  2021. Can you share a bit about your role in shaping these regulations and  the key considerations that were addressed? 

    Yes representation forwarded to the Ministry on adding Singapore based guidelines  on age gradation in content of programmes shown on OTT platform was accepted  and also the Writ filed before Supreme Court through our Council assisted in  regulation of further provision on Intermediary Guidelines And Digital Media  Ethics Code Rules 2021. 

    Please Describe Work Of IEFCI And Also Your Roles As IEFCI  President.

    The International Economic Forum of Commerce And Industry is one of the  leading business organizations, enabling business to secure peace, prosperity and  opportunity for all. IEFCI is the institutional representative of various leading companies across the globe. A non-government, not-for-profit organization, IEFCI is  the voice of international business and industry. From influencing policy to  encouraging debate, engaging with policy makers and civil society, IEFCI  articulates the views and concerns of industry. Our Mission is to make business  work for everyone, every day, everywhere. We provide networking forums for  Industries, Dispute resolution forum that includes international Court of Arbitration and Mediation, legal consultancy in cyber laws, corporate laws and  other legal issues, Policy forum, and various Online Courses to empower the  Entrepreneurs and professionals to learn better skills. 

    As President and founder of Forum I have responsibility to appoint various people  to prestigious posts and also implement ideas across India through conferences  and seminars and coordinate with people apart from handling ADR and ODR  disputes. 

    Please Explain About The International Council Of Artificial Intelligence,  Cyber Security, Research And Development (ICAI CARD) And Your Role As  Founder And President  

    International Council Of Artificial Intelligence, Cyber Security, Research and  development (ICAI CARD) is an umbrella organization that provides wide ambit of  AI and cyber security solutions to Industries and Government and also works  towards attaining goals on UN Sustainability. It’s an initiative of Shruti Bist Socio  Legal Foundation registered u/s S 8 of Company Act 2013 , Ministry of Corporate  Affairs ,India .www.caics.in 

    Our mission is to attain a high standard of AI and cybersecurity in the country and  attain sustainable development goals that require cyber peace and capacity  building for cyber resilient development. Technologies of 5G and AI (Artificial  Intelligence) have the potential to revolutionise a variety of industries, including  medicine, education, and agriculture. We have a dedicated team to research the latest AI related crimes and technology. Our mission is to provide cyber security  to Industries and government via legal and tech team and ensure Cyber Swachh  Bharat. 

    As president of Council I am working towards attainment of our goals and  mission and make India Cyber safe. I am working designing innovative courses on AI and Cyber laws in collaboration with other Universities and also implementing innovative challenges in AI and Cyber laws to promote the professional skills and  campus recruitment in the field . 

    In your extensive media appearances and speaking events, you’ve covered topics ranging from women’s rights to cybersecurity. Is there a  particular cause or issue that you are most passionate about, and why? 

    Cybercrime related topics and other topics relating to women’s rights in property, Article 370, women’s role in politics and law are my keen areas of interest since it helps women empower themselves and also defend themselves from the latest  crimes happening to them.

    You’ve received several awards, including the Virangana Award and  the Inspiring Citizens Award. Which recognition holds a special place in your  heart, and how have these accolades impacted your professional journey? 

    Certainly the accolades assist in morale boost, social recognition and also inspires  us to work further towards attaining the goals of life . 

    Being a prominent figure in the field of law, how do you unwind and  relax in your personal time? Any hobbies or activities that you find  particularly rejuvenating? 

    I like writing Books, listening to music,Yoga, walking and cooking. Its mind refreshing activities. 

    As someone deeply involved in legal education, having contributed to  conferences, e-books, and online courses, what advice do you have for law  students and young professionals looking to build a successful career in law?

    I advise them to learn law and co relate various laws together in a way that when they read IPC they should also know the provision of CrPc and Evidence applicable and  join an internship to learn practical. Joining courses enhances skills they should learn  more through distance mode forums available it increases employability in  companies.

    Get in touch with Dr. Shruti Bist-

  • Witness Ishita’s unique approach to supporting startups, SMEs, and SMBs, where legal challenges are met with a combination of intersectional learning and on-site visits to comprehend the intricacies of each business. – Unveiling the Journey of Ishita Sharma, Partner at Fathom Legal

    Witness Ishita’s unique approach to supporting startups, SMEs, and SMBs, where legal challenges are met with a combination of intersectional learning and on-site visits to comprehend the intricacies of each business. – Unveiling the Journey of Ishita Sharma, Partner at Fathom Legal

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you share your journey of how you ended up pursuing a career in law, particularly highlighting any key moments or influences that led you to this path?

    Since a young age, I have been captivated by the notion of engaging in public service. Throughout my life, I have consistently embodied an altruistic spirit, always eager to extend a helping hand whenever the opportunity arises. This proclivity guided my career aspirations, causing them to fluctuate between the realms of medicine and civil service, ultimately culminating in my decision to pursue a career in law.

    The thrust behind this choice stems from my inherent sense of compassion. Moreover, the unresolved intricacies of one or two-generational family disputes served as a potent motivational catalyst propelling me toward the legal profession. This personal connection and resonance with the challenges of familial discord have played a pivotal role in shaping my professional trajectory, a narrative that aligns with the experiences shared by many individuals, including myself, on their journey toward a chosen career.

    Your academic achievements are impressive, including a degree from National Law University and a Harvard University Summer Course in Intellectual Property Rights. How did these experiences shape your approach to practising law?

    The rigorous curriculum at National Law University provided me with a solid foundation in legal principles and analytical thinking. It instilled in me a sense of discipline and a deep understanding of the complexities within the legal field. This educational background has been instrumental in shaping my methodical and detail-oriented approach when addressing legal matters.

    Further, the Harvard University Summer Course in Intellectual Property Rights enriched my perspective by exposing me to global standards and cutting-edge developments in the field. Engaging with a diverse cohort and learning from leading experts broadened my understanding of the nuances in intellectual property law. This experience heightened my appreciation for the intersection of law and innovation, fostering a creative and forward-thinking mindset in my legal practice. Not only that, it was only after this course that I was able to identify my target market and understand the businesses that we work with.

    In essence, these academic experiences have equipped me with a robust legal foundation, a meticulous approach to problem-solving, and a global perspective that I bring to my practice at Fathom Legal, enhancing my ability to navigate the complexities of the legal landscape thereby making Fathom Legal, Advocates and Corporate Consultants a full-service Entrepreneurship Law firm.

    You’ve had significant experience in corporate law, from debt recovery to Corporate disputes including company law cases as well. Can you tell your areas of work and what were your learnings from it?

    Throughout my 6-years of practice, I’ve navigated diverse legal landscapes, handling cases spanning from debt recovery, real estate, Insolvency and bankruptcy matters, as well as issues of Oppression and Mismanagement, Customs, and White-Collar Crimes, notably under the Prevention of Money Laundering Act before the Directorate of Revenue Intelligence.

    On the corporate front, our focus extends beyond litigation. We support clients in enhancing their technological frameworks by integrating legal expertise, ensuring compliance, data security, and addressing workplace safety concerns including Prevention of Sexual Harassment (POSH) and DNI aspects. Our role involves providing comprehensive legal guidance on day-to-day organizational challenges. Pioneering the domains of Web 3.0 and Artificial Intelligence, we’ve assisted numerous startups with offshore incorporations and global entity restructuring via mergers and acquisitions.

    Each case presents a unique learning curve, emphasizing the significance of understanding clients’ pain points before meetings and maintaining composure during challenging situations. Continuous legal advancements prompt ongoing learning, offering a wealth of knowledge each day.

    Your work involves supporting startups, SMEs, and SMBs. What unique legal challenges do these businesses face in India, and how do you help them overcome these challenges?

    My Law firm, Fathom Legal, Advocates & Corporate Consultants is a one-of-a-kind full-service Entrepreneurship Law firm in India with its major clientele being SME’s, SMB’s and Mid-Cap companies. The reason to specifically focus on these industries is because, in my opinion, they form the backbone of our nation’s GDP. 

    Our client pool is versatile. A lot of our clients are SaaS companies, aggregators, Fintech platforms, Edtech Platforms, Export houses, traders, manufacturers etc. The most common problems that they face is cancellation of projects midway, unpaid bills, quality issues to state a few.

    Our team has a very different methodology of working. We believe in intersectional learning. A lawyer with an understanding of business is all that a client wants.  We visit our clients’ offices/factories and try to get hold of as many business nitty-gritties as possible to assist our clients in the most efficient manner.  After developing a detailed understanding we review their paperwork to identify the gaps in their systems and rectify those gaps through agreements and contracts making sure a proper checks and balance system is created within each organization for its smooth functioning.  Of course, it takes a couple of months to iron out all the long existing problems but we believe in providing a permanent long-term solution rather than a temporary fix.    

    Beyond your legal career, you also run an NGO, Paritripta Foundation, focusing on social causes and justice. Could you tell us more about the foundation’s work and its impact on the community?

    Paritripta Foundation holds a special place in my heart and is being nurtured as the legal advocacy arm of Fathom Legal. This not-for-profit organization spearheads various impactful projects, including ‘Project Patrkarita,’ dedicated to fostering free and unbiased media. Additionally, ‘Project Ankush’ focuses on educating young minds about various forms of harassment and equipping them with coping mechanisms. There are many more parallel projects that we wish to take up but are at a halt due to the limitation of funds.

    Moreover, we’re actively engaged in advanced research addressing critical societal issues. These encompass concerns like household cooking gas restrictions, the implementation of green roofs, challenges within overcrowded prisons leading to same-sex assault, as well as the exploration of PrEP and PEP drugs for HIV treatment. These issues strike at the core of our society and demand urgent attention.

    Our aim is to pursue public interest litigations on these matters, striving to contribute to a brighter and secure future for our nation.

    You’ve published several papers and books on legal topics. Is there a particular topic you’re passionate about, and can you briefly discuss why it matters in today’s legal landscape?

    In today’s legal landscape, Foreign Portfolio Investment (FPI) and Foreign Direct Investment (FDI) play crucial roles in shaping India’s economic and legal framework. Their impact extends beyond the economic domain to influence legal policies, regulatory frameworks, and compliance standards.

    FDI is critical for India’s growth trajectory, as it aids in infrastructure development, technological advancements, and job creation whereas FPI brings in short-term capital that can be beneficial but also poses risks due to its volatile nature. Both FDI and FPI contribute to India’s balance of payments, foreign exchange reserves, and overall economic stability.

    FPI and FDI necessitate robust legal frameworks and regulations to govern their entry, operation, and exit from the Indian market. Legal structures such as the Foreign Exchange Management Act (FEMA), Securities and Exchange Board of India (SEBI) regulations, and various other laws are crucial in governing these investments. 

    Both FPI and FDI significantly influence India’s legal landscape by necessitating robust legal frameworks, stringent compliance, dispute resolution mechanisms, policy advocacy, and the protection of investor rights. Legal experts like us play a vital role in facilitating, navigating, and safeguarding these investments within the country’s legal framework.

    You’ve had the opportunity to work remotely with international clients. What challenges and opportunities does remote legal work present, and how do you navigate them?

    Handling international clients presents a captivating yet challenging scenario. Initially, navigating different time zones posed a hurdle, compelling me to work during unconventional hours. Communication barriers with attorneys in Belgium and Japan were another obstacle. Understanding the diverse legal landscapes across various jurisdictions was crucial; lacking that knowledge made operationalizing in specific regions a challenge. Embracing technology became imperative for seamless cross-border collaboration, and leveraging the latest tech proved instrumental in streamlining processes.

    However, working with international clients was an eye-opening experience. It broadened my global perspective significantly, offering exposure to diverse practices. This exposure, in turn, elevated my performance, aligning it with international standards. Moreover, it instilled in me the importance of trusting and delegating tasks, a pivotal aspect in our industry.

    One particularly demanding yet rewarding client, a law and lobbying firm in the United States, reshaped my outlook on international relations. This collaboration extended to intriguing opportunities, such as RSVP to closed sessions at The White House. As a legal journalist, having my articles published in prominent legal blogs in the United States has been an enriching outcome of this association.

    Overall, this experience revolutionized my understanding of international relations’ intricacies, emphasizing the significance of trust, and offering unparalleled insights into navigating complex global landscapes.

    As a final question, what advice would you like to share with fresh graduates who are about to enter the legal profession, considering your journey and experiences in the field?

    To the fresh graduates, I just want to say that stay curious and stay hungry for knowledge. Go aggressive on your hunger. Explore as much as possible. Catch up with the technology and stay ahead of it. For a flourishing practice make sure to meet new people and create your own network. Strengthen your logical, analytical, legal and business skills. Seek mentorship and develop soft skills. Explore diverse fields of law before you are sure to identify what you enjoy the most. Uphold ethical standards. Trust and integrity are pillars of the legal profession; don’t compromise them for any reason. Also remember, In the face of challenges or rejections, perseverance is vital. Keep pushing forward; every setback is a chance to grow.

    Get in touch with Ishita Sharma-

  • Pavan Duggal, Advocate, Supreme Court, shares his views on protecting privacy, cyber security issues and enforcement of cyber laws in India

    Pavan Duggal, Advocate, Supreme Court, shares his views on protecting privacy, cyber security issues and enforcement of cyber laws in India

    Pavan Duggal is an Advocate specialising in the field of cyberlaw and e-commerce. He has been recognised as one of best cyber lawyers around the world. He has made a tremendous impact with an international reputation as an expert and authority on Cyberlaw, Cyber Security Law and e-Commerce law.

    His empanelment as a consultant to UNCTAD and UNESCAP on Cyberlaw and Cyber crime respectively, membership of the AFACT Legal Working Group of the UN / CEFAT, consulting as an expert with the Council of Europe on Cyber crime, inclusion in the Board of Experts of European Commission’s Dr. E-Commerce and his work as an expert authority on a Cyberlaw primer for e-ASEAN Task Force and as a reviewer for Asian Development Bank speaks volumes of his worldwide acceptance as an authority. He is the President of Cyberlaw Asia, Asia’s pioneering organisation committed to the passing of dynamic Cyber laws in the Asian continent. He is also a member of the WIPO Arbitration and Mediation Center Panel of Neutrals.

    He has been associated with the Ministry of Communication and Information Technology, Government of India on Cyberlaw and Electronic Governance legal issues. He is a member of Advisory Committee on E-Governance in Karnataka constituted by the Government of Karnataka. Pavan is a member of Information Forensic Working Group on e-Information Systems, Security and Audit Association.

    He heads his niche law firm Pavan Duggal Associates, which has practice areas, amongst others, in Cyberlaw, Business Process Outsourcing Law, Intellectual Property Rights and Information Technology Law, Information Security Law, Defence, Biotech and Corporate Law.

     

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS? PLEASE TELL US SOMETHING ABOUT YOUR PRE-COLLEGE LIFE?

    I would like to introduce myself as a student of Cyberlaw.  A person who is constantly trying to discover new nuances pertaining to legal, policy and regulatory aspects pertaining to the Internet, Cyberspace and the newly emerging technologies.  A scholar who has dedicated more than 23 years of his life in this space and who still believes that he is at the outside periphery of knowledge.  A person who believes that the Internet is a game-changing paradigm, which is potentially the most significant, that human civilization has seen after the advent of fire.  I have been working on various issues on the intersection of law and technology.  Hence, my path has not been like traditional lawyers.  I have chosen to create my own path on the road to discovery.  In fact, it is strange that you could never even think while in school what you will ultimately land up doing in life.  I have been the student of Delhi Public School, Mathura Road, New Delhi and did my entire schooling from that school, excelled in academics and topped the school in Humanities and was also in the merit list.  As a student, I was extremely active in extra-curricular activities including debating, music, theatre, dance, essay writing, quizzes and various other kinds of extra-curricular activities.  I won a record number of prizes in school.

     

    YOU ARE FAMOUS AS A CYBER LAW EXPERT. WHAT KIND OF WORK DO YOU CURRENTLY DO?

    It is true that today I am known as a Cyberlaw expert.  This is primarily so because of the kind of super specialization that I have acquired the area of Cyberlaw. I have worked for more than the last 2 decades in this space. I have been extensively working on the intersection of law and technology. Currently, I do various kinds of works. I advise clients on nuances pertaining to cyberspace transactions, compliances under the applicable provisions of the Indian Cyberlaw, advise on cyber/electronic transactions and the legal nuances, help companies to protect and preserve their domain names and their web presence online, do litigation for variety of clients so as to protect their legal interests, whether in the form of plaintiffs or defendants.  I write extensively and have written 102 books on various aspects of Cyberlaw and connected nuances.  I teach extensively in select law colleges and international and national institutions including the National Police Academy, National Judicial Academy, Delhi Judicial Academy and various state judicial academies.  I extensively interact with various international stakeholders on the nuances of cyberspace.

    I had been contributing a column entitled “Brief Facts” for 8 years in the Economic Times. I have extensively featured in various international and national media.  My different columns published in various media, news portals and columns include The Economic Times, The Hindustan Times, The Business Standard, The Pioneer, The Deccan Chronicle, and The Mint etc.  I have launched a Course on Cyber Security Law last year, which today has more than 9750 students from 157 countries.  I speak at various conferences, seminars and workshops.

    I am the Conference Director of the International Conference on Cyberlaw, Cybercrime &Cybersecurity which is the world’s unique Conference looking at the intersection of Cyberlaw, Cybercrime &Cybersecurity.  I am chairing the International Commission on Cyber Security Law which is looking at collating legal principles governing cybersecurity at a global level.  I am also heading the Artificial Intelligence Law Hub which is looking at the examination of cutting-edge nuances concerning Artificial Intelligence.  I am also heading the Blockchain Law Epicentre which is also looking at legalities concerning Blockchain. I am extensively working with international organizations including UNESCO, ITU, ICANN, Council of Europe, INTERPOL and many other organizations so as to contribute to the evolving jurisprudence on Cyberlaw, Cybercrime &Cybersecurity. In my humble manner, I have been trying to contribute my small inputs to pushing the envelope of evolving jurisprudence on Cyberlaw, Cybercrime and Cybersecurity.  In a nut-shell, I try to do the variety of activities all surrounding the Internet, cyberspace and legal, policy and regulatory issues connected therewith.   I advise the Government of India and its various Ministries especially the Ministry of Electronics & Information Technology, Government of India on various issues concerning Cyberlaw and am part of various governmental bodies.  I have also been part of G Gopalakrishna Working Group on Electronic Banking formed by the Reserve Bank of India which determined and set the cybersecurity standards for Banks in India.

     

    WHAT SORT OF CASES DO YOU USUALLY HANDLE?

      I handle a variety of cases on diverse issues. These cases invariably involve data thefts in the corporate sector, unauthorized transmission of data, violation of trade secrets, breach of privacy of individuals, disputes concerning electronic contracts, cybercrime prosecution and defence. I also do cases pertaining to liability arising from contravention under the law.  I advise on domain name disputes and try to get domain names back from the squatters.  I do a lot of cases for protection of reputation.  I do cases concerning cyber defamation, cyber nuisance, cyber harassment, cyberstalking and trolling and help affected persons and provide advisories.  I also do various cases pertaining to breaches of cybersecurity and the potential ramifications emerging therefrom.  I also advice intermediaries, in terms of their respective compliances on how they can limit their liability for third-party data.  I do cases pertaining to abuse of Over The Top Applications and also the social platforms like Facebook, Twitter, Instagram etc.   I also do cases for protecting and preserving digital rights of netizens.  I also file Public Interest Litigations (PIL) on legal aspects concerning cyberspace which impact the public interest at a broader level.

     

    HOW IS CYBER LAW AND ENFORCEMENT SYSTEM IN INDIA? IS IT ADDING TO THE CHALLENGES OF TIME?

    The Cyberlaw system in India has been put in place by virtue of the Information Technology Act, 2000.  India enacted this law, keeping in mind the UNCITRAL Model Law on Electronic Commerce.  The said legislation is indeed historic as it not only legalized the electronic format but also paved the way for the growth of electronic commerce and electronic governance in the country.  It also sought to cover various cybercrimes.  This law also elaborated the liabilities of intermediaries. However, in the year 2000, this law did not specifically cover the mobiles, despite the fact that mobiles had already emerged as a major factor in mainstream society.  The Information Technology Act, 2000 was amended by the Information Technology (Amendment) Act, 2008, after 26/11 Mumbai attacks.  The said amendments sought to enhance the scope and applicability of the Indian Cyberlaw to be applicable to all kinds of mobiles and communication devices. Various new cybercrimes were added and also the concept of intermediaries and their liability was more specifically well defined. Cybersecurity as a concept was distinctly added in the said law and various provisions concerning the same were also adequately put in the same.  It has been for the last more than 10 years since the amendments have taken place. However, when one looks at the cyber legal regime in the country, one finds that it has not been effectively implemented.  First and foremost, it needs to be understood that the Information Technology (Amendment) Act, 2008 effectively watered down the deterrent effect of the previous law.  This is so because, barring few cybercrimes, almost all cybercrimes were transformed into bailable offences where the accused is entitled to bail.  I was the counsel for the complainant in India’s first cybercrime conviction in the year 2003.  We had hoped that this first conviction could be the precursor of more convictions to follow. However, with the change of law and given the sloppy enforcement of the law, cybercrime convictions have effectively dried up. Today, India is seeing a famine of cybercrime convictions.  This is also primarily so because enforcement of provisions of law has not been very effective.  The way the Police is detecting, investigating and prosecuting cyber crimes, leaves a lot of potential gaps.

    Electronic evidence is not given the right kind of legal treatment, as is mandated by the Hon’ble Supreme Court of India in its various judgments. Consequently, there is a big gap between the registration of such cybercrimes and final prosecution. Majority of electronic evidence has not been able to be put in the right manner that further complicates the entire scenario.   Further, it needs to be understood that technology is a constantly growing target and technology invariably leaves the law 10 steps behind.  The problem in the Indian Cyberlaw is that despite various shortcomings, it is not effectively amended, given the newly emerging challenges that have already come up, which have not been appropriately addressed under the law.  Social media as a paradigm has not been adequately addressed.  Further, issues like cyber stalking, cyber trolling and cyber harassment are not effectively detailed in the said law.  The advent of Over The Top Applications has brought forward new challenges, which are not adequately covered under the law.  Further, the coming of new technologies like Blockchains, Artificial Intelligence and the Internet of Things have further highlighted the inadequacy of the Indian Cyberlaw. There is a need for appropriate amendments in the same so as to make it topical and relevant to the requirements of today’s times.  While it is indeed laudable that the Indian Cyberlaw has provided the legal framework for the legal validity, sanction and growth of electronic commerce and electronic governance, the fact remains that there is lot more work that is required to be done.  India as a country needs to provide utmost focus and priority to Cyberlaw frameworks since the Indian Information Technology Act, 2000 is special legislation and it supersedes any other law prevailing for the time being in force.  Currently, I do feel that due to the advent of emerging technologies, the inadequacy of the Indian Cyberlaw has not been effectively brought forward. It is high time to make the Indian Cyberlaw more topical and relevant, by updating it and incorporating new offences so as to deal with new technological challenges.

     

    HOW DID YOU BUILD YOUR PRACTICE? THREE STEPS YOU HAVE TAKEN THAT MADE THE DIFFERENCE.

     I began as a civil and corporate lawyer.  I started practice in Tis Hazari Court, Delhi and then moved on to the High Court and Supreme Court.  I was initially interested in technology. In the early 1990s, I got certain software clients and that retriggered my interest in technology.  The advent of the Internet provided a completely new game-changing moment in my life.  After being overwhelmed by the media in the first couple of months, I quickly realised that there are a lot of legal, policy and regulatory issues that need to be appropriately addressed and I started working on the same.  At that time, there was not much work happening in India and I started working with the international players.

    Towards the end of 1990s, the Government of India was preparing the Information Equipment Bill, 1999.  I got active and started working with various stakeholders including the Parliamentarians and the Government of India so as to give inputs on the Bill.  I also started working with the Ministry of Electronics & Information Technology, Government of India on Cyberlaw issues.  All this time, I had started doing work on domain name disputes.  The coming of the Information Technology Act, 2000 provided a new area to focus on, where I focused. As time passed by, clients came back and said that they wanted us to expand the scope of services that we were providing. So, I swam with time and kept on expanding the bouquet of services that were provided to clients and slowly, the practice grew. Today, I am primarily known because of my super-specialization in Cyberlaw, Cybercrime and Cybersecurity.  My law firm PavanDuggal Associates, Advocates also does commercial and civil litigations as well.

    As regards three steps that I have taken that made the difference, I believe that Almighty has got its own ways of getting work done from us. I distinctly believe that we all are puppets on the stage of life, for whom all work has been predetermined.  Looking back, the three steps that made the difference for me would include the following:

    I was driven with my passion for technology and its intersection of law and technology.  I followed my passion and my heart and landed up where I am currently standing.

    My perseverance and hard work.  A lot of people only try to see the glossy side of legal career.  However, it takes a huge volume of untiring effort to make one’s position and contribution.  I have been extensively doing hard work which potentially could also be a contributing factor to my current position.

    Patience is also one factor that has helped me. A lot of people often run out of patience and do not have the patience to pursue their passion for their dreams, if they don’t get early success. There were numerous hiccups and massive earlier failures that I actually experienced but I felt that cyber is the next domain of the future and I need to focus. I patiently waited and kept on working silently in this space.

     

    COULD YOU TELL OUR READERS ABOUT THE FIRST TIME THAT YOU APPEARED IN COURT?

     I remember the first time when I appeared in the Court. That was immediately after passing out from LL.B. My first appearance was in the Tis Hazari Court, Delhi.  I was nervous.  I was appearing before a Trial Judge and while I was reading the case, I was slightly confused as to how to address the Judge, whether the Judge should be addressed as Your Honour or My Lord.  I had done a lot of preparations for the case and ultimately, when the hearing of the case happened, it took a couple of minutes.  I did fail initially because of the slight nervousness but as the case began, I confidently stated what I had to state and the Judge also asked the other side about the proposition and thereafter proceeded to pass an order.  That particular appearance is still vivid in my mind.  It was a completely different experience from the traditionally filmy legal appearances that we are used to seeing in the Bollywood and Hollywood films.  However, I distinctly remember extensively reading the file prior to my first appearance. I also told myself that I need to be most updated with all the aspects of the file, and worked towards that direction. It was my very interesting first appearance.

     

    WHY DID YOU CHOOSE CYBER LAW AS YOUR SPECIALISATION?

     I chose Cyberlaw as my specialisation because I felt that cyberspace is the paradigm of the future.  I was very clear that the world is increasingly going more and more digital and therefore if I have to look in the future, I must be fully prepared for the same. Hence, I chose Cyberlaw as my specialisation since I felt that over a period of time, my specialisation will increasingly have to grow very significantly and will even land up having a large impact, on other specialisation as well.

     

    MANY LAWYERS ARE INTERESTED IN CYBER LAW. WHAT WOULD BE YOUR ADVICE TO THOSE WORKING AS CYBER LAWYERS?

     My advice to lawyers who are interested in working as cyber lawyers is that there is a lot of scope in Cyberlaw in the coming times.  However, everything is not as rosy, as it appears.  There is a lot of hard work, required before one can achieve the desired destination.  There is an increasing need for cyber lawyers as more and more stakeholders are increasingly using the digital format and are using cyberspace as a central theme point for all their operations, activities and initiatives.  As time passes by, the volume of work is constantly going to increase. So if you are interested in Cyberlaw, this is the right time to get started and be involved in this area.

     

    HOW IMPORTANT IS IT TO HAVE MENTORS FOR A YOUNG LAWYER IN STARTING HIS CAREER? WHO WERE YOUR MENTORS AT THE START OF YOUR CAREER?

     It is very important for a young lawyer in starting his career to have mentors.  Mentors are not just pillars of strength but also inspiration, encouragement and source of advice.  One should not believe that one knows everything in the starting of the career. On the contrary, after passing out from the law college, it is very important to unlearn what you have learnt and then relearn aspects in the profession.  Mentors help guide and supervise young lawyers and also put them in the right direction.  The brilliant aspect about mentors is that mentors can use their lifetime experience to guide youngsters to reach their best potential.  My mentor in the starting of my career was my father and he still continues to be my mentor.  My father is a practicing Advocate.  I looked upto him as my hero, as my idol and as my mentor.  Consequently, I started looking up to him for all advice and inputs to get started and what to do in important cases that I am doing. My father still plays a very significant and invaluable role in my evolution as a lawyer. He is the rock-solid pillar to whom I always go back in the event of any challenge.  He appropriately guided me in the right direction and also warned me on how to face various challenges that lie ahead in my legal practice.

     

    PRIVACY HAS BECOME VERY FRAGILE. HOW INDIA SHOULD PROTECT PRIVACY OF CITIZENS?

     Privacy is an integral part of our human existence.  No wonder, when the Hon’ble Supreme Court has declared the right to privacy as an integral part of the fundamental right to life, it is effectively ventilating the hopes and aspirations of millions of Indians.  India needs to do extensive homework to protect and preserve the privacy of its citizens.  Currently, India does not have a dedicated law on privacy.  The Indian Information Technology Act, 2000 is not a law on privacy and only has provided lip service to privacy.  There is a need for a dedicated law on privacy that would help define the roles, duties and responsibilities of various stakeholders. Personal and data privacy needs to be adequately specifically addressed.

    As a nation, we should not confuse privacy with data protection. Data protection is important but privacy is critical to human existence, human dignity and human life.  As a nation goes forward, we need to have specific courts who only look at privacy related violations so that privacy violation matters are handled with utmost care in a very gentle manner and with distinctive victim friendly approach. With now increasingly the Government being straddled with the duty to ensure that the right to privacy is effectively implemented, the Government has also a lot of work to do.   India is currently in the process of coming up with a new Personal Data Protection Bill. While that could address some aspects of privacy, but India needs to do far more. Privacy would require the adoption of distinctive new approaches for the purposes of adequately addressing it.  Also, stringent, effective and efficacious remedies need to be provided to victims whose privacy, both data privacy and personal privacy is infringed or violated.  India needs to provide for a regime of exemplary damages so as to give a right message to all stakeholders, that privacy of citizens cannot be taken for granted and is a value of human dignity that needs to be respected and handled with utmost care, caution and regard.

     

    WHAT IS THE CURRENT STATE OF CYBER SECURITY IN INDIA?

     Today, India as a nation has not been giving its best efforts to the cause of cybersecurity. In fact, India as a nation is giving only lip service to cybersecurity.  India did come across with its National Cyber Security Policy, 2013 which was a remarkable document containing good motherly statements and the Policy of the Indian nation on cybersecurity. However, the last 5 years have shown that the National Cyber Security Policy of 2013 has only remained as a paper-tiger. In addition, we need to appreciate that India does not have dedicated legislation on cybersecurity, in comparison to a large number of other countries.  The Indian Information Technology Act, 2000 is not a cybersecurity legislation.  This is despite the fact that cybersecurity as a concept has been defined and introduced under the Indian Information Technology Act, 2000 by virtue of the Information Technology (Amendment) Act, 2008.

    At a time when countries like China, Singapore, Vietnam, Egypt etc. are racing miles ahead in terms of coming up with detailed and elaborate cyber security legislation, India as a nation has been left behind.  Further, as a nation, we are also not clear as to whose responsibility is cyber security.  A large number of people in India believe that cyber security is a governmental responsibility, without realising that it is not a correct picture. Cyber security is a collectively shared responsibility for all stakeholders. The Government has to play an important role in cyber security, but other shareholders have to increasingly also play a very significant role in this direction.  India as a nation needs to define the rights, duties and responsibilities of various stakeholders. Indian networks and systems are constantly under attack and as a nation, we have not been very effective in terms of repelling those attacks.  There is a need for a dedicated cyber army in India who can actually protect and preserve cyber security attacks, both in the actual world and also in cyberspace on a 24/7 basis.   We still don’t have a dedicated cyber security authority in the country.  Cyber security is a shared baby and is a subject of turf war amongst various ministries.  India as a nation needs to quickly realise that in case if we are not effectively working on protecting and preserving cyber security, it could potentially start adversely affecting the sovereignty, security and integrity of India in the coming times.

     

    WHAT IS YOUR OPINION IS ON ONLINE DISPUTE RESOLUTION. DO YOU THINK IT WILL BECOME REALITY ANYTIME SOON IN INDIA.

     I feel online dispute resolution is the way going forward.  We have seen the success of online dispute resolution for protection of domain names with the effective implementation of Uniform Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names & Numbers (ICANN).  We have also started seeing the beta use of online dispute resolution. It will become a reality very soon with the coming of a few years in India.  In fact, cyber arbitration should be an important element in online dispute resolution in the coming times.

     

    WHAT IS THAT ONE CASE THAT HAS LEFT A LASTING IMPACT ON YOU?

     The one case that has left a lasting impact on me is the case that I did for an online card processing company. The company suffered a cybersecurity breach and the said breach was extremely complicated and sophisticated. The breach led to not just theft of data but also subsequent cloning of credit cards of some high net worth individuals. The said cards were subsequently cloned and sent to different countries. In more than 2 dozen countries, the said cards were used in massive global operations all aimed to physically withdraw millions of dollars from ATMs across the world.  Our client lost millions of dollars. The client was however insured. This case demonstrated to me the enormity of cybercrimes through various highly professionally organised and ultra sophisticated cybercrime gangs.  It also showed the inadequacy of organisations and companies to deal with cybersecurity breaches and new challenges of cybercrimes. This case brought to my attention the enormous manipulations of ATMs and planning done by cyber criminal gangs and also showed me the ground reality that in the present and in the coming future, there is nothing known as complete security and that nobody is secure. This case further sensitised that everybody is capable of being hacked and therefore now the new norm has to be to accept the fact that breaches of cybersecurity will be a part of our day-to-day lives. How can we concentrate on cyber resilience and how can we be up and about after being breached by the cyber attack, has to be the new focus area.  This case has been an important case which made me understand the impermanence of today’s present scenario.  Just because everything is going fine, there is no guarantee that these things will keep on going fine tomorrow. On the contrary, change is constant and will be so, in the lives and times of stakeholders in the digital and mobile ecosystem.

     

    HOW CAN A JUNIOR WISHING TO WORK UNDER YOU GET IN TOUCH WITH YOU? WHAT QUALITIES WILL YOU LOOK FOR HIRING A JUNIOR?

     Any junior who wishes to work under me could get in touch with my law firm PavanDuggal Associates, Advocates.   He/she could contact us at email ID info@pavanduggalassociates.com or could also reach out to me personally at my email ID pavan@pavanduggal.com and pduggal@vsnl.com.  I am looking for the hunger and passion to learn as important qualities of any junior that could work for me. A lot of juniors today are not willing to learn.  They come out under the presumption that they know everything and due to overconfidence, often land-up missing important milestones.  Hard work, perseverance, patience, dedication, discipline and good interpersonal relations are important attributes and qualities that I look forward to while hiring a junior.

     

     WHAT INSPIRES YOU TO WRITE? HOW DOES BEING AN AUTHOR OF NUMEROUS BOOKS AND ARTICLES HELP YOU IN YOUR CAREER?

     I believe that life is short.  We will all be dead and gone tomorrow. Hence, it is very important to write your thoughts and express them in print so that they can be your contribution to society.  I get inspired to write because I believe that my thoughts must be well captured and communicated to other stakeholders.  I have had a flair for writing from the very beginning.  I love to write as I feel that writing is the best way of sharing experience, knowledge, perspectives and opinions.  I write rigorously and regularly. Over the last more than 2 decades, I have authored 102 books on different aspects of Cyberlaw, Cybercrime &Cybersecurity and connected legalities.  In addition, I have written a number of articles that have appeared in various newspapers, online media platforms, websites and other publications.

    Being an author of articles and books will help you in your career. People see you with a different perspective and in a different light, once you become an author.  They start giving you more respect and regard and also your books then become ambassadors of your capacities and capabilities. Also, writing books demonstrates your authoritative command on your subject and hence contributes to your career.

     

     YOU ARE A PROLIFIC WRITER. DOES IT HELP A LAWYER TO WRITE ARTICLES AND BOOKS?

    As a prolific writer, I believe that it does help a lawyer to write articles and books.  We have to traditionally change our mindsets about the legal profession. The perception that lawyer must only go and argue matters in courts is an old perception and needs to be slightly changed with the times. Today, lawyers are expected to do multi-dimensional roles. Hence, they must not only have people friendly soft skills but also have appropriate contributions to give back to society. Writing books and articles is one such contribution that one can make in terms of giving back to society.  Your books and articles could get read by members of the public who will then become your potential clients and will start forming an opinion about you.  In the event of any challenge and issue, they would come back and seek your opinion.  So over a period of time, a lawyer which writes books and articles not only tends to enhance his/her capability but also tends to contribute to the growth of evolving jurisprudence.  Having authored 102 books and numerous articles, I believe that it definitely helps lawyers to write articles and books.

    In the end, I would just like to say that the world is a constantly changing paradigm. Everything is in a constant state of flux. Hence, the focus of any lawyer has to be to try to update his/her skill-sets. We must unlearn, relearn, unlearn, relearn all the time.  This is so because the coming times are very challenging times ahead. The advent of new technologies will bring in, not only new challenges but far more opportunities as well. It requires a vision to understand and identify some key opportunities that the coming future will bring across. The legal profession has been one of the best professions in the world. I believe that with the advent of technology and cyberspace, it will continue to grow by leaps and bounds.  Cyberlaw, as a discipline, will increasingly contribute in the evolving digital law jurisprudence at global and national levels.