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Electronic Records, Digital Signatures and the IT Act: 

Scope of the IT Act, 2000 : IT ACT came into force from 17th October, 2000. It covers to whole of India. This act can also be operated to any offences or contravention committed outside India by any person irrespective of his nationality provided such offence or contravention involves a computer, computer system or network located in India (Section I(2) read with Section 75).
The main issues covered under the IT ACT 2000, are given below:

a) Legal recognition of digital signatures.

b) Legal recognition of electronic documents.

c) Offences and contraventions.

 

Objectives of the IT ACT, 2000

a) To provide legal recognition to digital signature for authentication of any information or matter this requires authentication under any law.

b) To accelerate the proper growth of the e-filing of documents with the government departments and e-payments.

c) To facilitate and give legal sanction to electronic transfer of funds.

d) This ACT provides legal recognition for keeping books of account in electronic form.


The IT Act consists of 13 chapters, which are given below:

1) Commencement, application and definitions (Sections 1-2)

2) Authentication of electronic records through digital signature (Sections 3-3A)

3) Electronic governance (Sections 4-10A)

4) Attribution, Acknowledgement and dispatch of electronic records (Sections 11-13)

5) Secure electronic records and secure digital signature(Sections 14-16)

6) Regulation of certifying authorities (Sections 17-34)

7) Digital signature certificate management (Sections 35-39)

8) Duties of subscriber (Sections 40-42)

9) Penalties, compensation and adjudication (Sections 43-47)

10) Cyber regulation appellate tribunal (Sections 48-64)

11) Offences (Sections 65-78)

12)Network service providers (intermediaries) not to be liable in certain cases(Section 79)

13) Miscellaneous provisions (Sections 80-90)( Sections 91-94 repealed vide ITAA, 2008)

 

Non applicability of the Act 

According to IT ACT, 2000 as specified in schedule I of the Act, is not applicable in the following cases, which are given below

1. A negotiable instruments, a power of attorney, a trust.

2. Any contract for sale of immovable property.

3. Any transaction or document notified by the central government in the official gazette.

The above mentioned documents are excluded because such documents are needed to be authenticated by the handwritten signatures and require fulfilment of certain registration formalities.

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FAQs on Cyber Laws - Legal Aspects of E-Commerce - E-Commerce - B Com

1. What are cyber laws and why are they important in the context of e-commerce?
Cyber laws refer to the legal rules and regulations that govern activities conducted in the cyberspace. In the context of e-commerce, cyber laws play a crucial role in protecting the interests of businesses and consumers. They ensure the security and privacy of online transactions, protect intellectual property rights, regulate electronic contracts, and address issues related to cybercrime and data breaches.
2. What are the legal aspects that e-commerce businesses need to consider in order to comply with cyber laws?
E-commerce businesses need to consider several legal aspects to comply with cyber laws. These include obtaining proper licenses and permits, ensuring the security and privacy of customer data, complying with consumer protection laws, adhering to intellectual property rights, implementing secure online payment systems, and maintaining transparent terms and conditions for online transactions.
3. How do cyber laws protect consumers in the context of e-commerce?
Cyber laws protect consumers in the context of e-commerce by establishing guidelines and regulations that safeguard their interests. These laws ensure that consumers have access to accurate information about products and services, protect their personal and financial data from unauthorized access, provide mechanisms for dispute resolution, and regulate online advertising and marketing practices to prevent fraud and deception.
4. What are the consequences for businesses that fail to comply with cyber laws in e-commerce?
Businesses that fail to comply with cyber laws in e-commerce may face serious consequences. These can include legal penalties, fines, lawsuits, damage to reputation, loss of customer trust, and even criminal charges in cases of serious cybercrimes. It is essential for businesses to understand and adhere to cyber laws to avoid such consequences and protect their operations.
5. How can e-commerce businesses stay updated with the evolving cyber laws and regulations?
E-commerce businesses can stay updated with the evolving cyber laws and regulations by regularly monitoring legal updates and changes in the field of cyber law. This can be done by consulting legal experts, subscribing to relevant newsletters or publications, attending industry conferences and seminars, and actively participating in professional networks and forums focused on e-commerce and cyber law. Additionally, businesses can also consider partnering with legal advisors who specialize in cyber law to ensure ongoing compliance.
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