Besides technological and security issues, there are also a variety of other regulatory, compliance and legal issues to consider when moving to the cloud infrastructure in India. Cloud computing stakeholders must realise and accept that regardless of which computing model they use, whether cloud based or otherwise, they need to consider the legal issues, specifically those around any data they might collect, store and process.
The Information Technology (Intermediaries Guidelines) Rules 2011 of India has prescribed cyber law due diligence requirements in India. The cyber laws due diligence requirements for companies in India are strenuous in nature and Internet intermediaries in India need to take care of the same to avoid legal troubles. In particular, online payment platforms, online travel agencies, Internet service providers ISPs), banks, foreign websites, cloud service providers, etc are vulnerable to legal actions if they fail to observe cyber due diligence in India.
Even appropriate legal actions against foreign websites can be taken in India. Further, cyber litigations against such foreign websites would increase in India in the near future. It is of utmost importance for these foreign cloud computing companies and websites to follow Indian laws in true letter and spirit.
In many cases the concerned CFO and CEO may be jointly or/and severably prosecuted for violation of Indian laws. Indian laws require designation of a specific person to manage and comply with Indian laws and a failure to do so may result in prosecution of concerned CFO and CEO.
We hope this research work would prove useful to all cloud computing solution providers of India and abroad and they would comply with the requirements of various laws as mentioned in this research work.
Source: PTLB Blog.