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Introduction

In recent times the evolution of cyber laws has picked up momentum, primarily because of new and emerging technologies. However, just as with any other law, the same is also strengthened and substantiated by judicial precedents and judgements. Recently Delhi High Court has heard a matter between Tata Sky and Linkedin, where the court has asked them to present their Chief Grievance Officer details and SoP per the intermediary guidelines 2021.

Furthermore, in another news, officials from RBI and Meity have been summoned by the Parliamentary Standing Committee in order to address the rising issues of cyber securities and cybercrimes in India. This comes on the very first day of the monsoon session of the parliament this year. As we move towards the aspects of digital India, addressing these concerns are of utmost importance to safeguard the Indian Netizen.

The Issue

Tata Sky changed its name to Tata Play last year and has since then made its advent in the OTT sector as well. As the rebranding took place, the company was very cautious of anyone using the name Tata Sky in a bad light. Tata Play found that a lot of people on Linkedin had posted their work experience in Tata Sky for multiple years, as any new recruiter cannot verify the same. This poses a misappropriation of the brand’s name. This issue was reported to Linkedin multiple times by officials of Tata Play, but no significant action was seen. This led to an issue between the two brands; hence, a matter has been filed in front of the Hon’ble Delhi High Court to address the issue. The court has taken due cognisance of the issue, and hence in accordance with the Intermediary Guidelines 2021, the court has directed Linkedlin to provide the details of their Cheif Grievance Officer in the public domain and also to share the SoP for the redressal of issues and grievances. The guidelines made it mandatory for all intermediaries to set up a dedicated office in India and appoint a Chief Grievance Officer responsible for effective and efficient redressal of the platform-related offences and grievances within the stipulated period.

The job platform has also been ordered to share the SoPs and the various requirements and safety checks for users to create profiles over Linkedin. The policy of Linkedin is focused towards the users as well as the companies existing on the platform in order to create a synergy between the two.

RBI and Meity Official at Praliament

As we go deeper into cyberspace, especially after the pandemic, we have seen an exponential rise in cybercrimes. Based on statistics, 4 out of 10 people have been victims of cybercrimes in 2022-23, and it is estimated that 70% of the population has been subjected to direct or indirect cybercrime. As per the latest statistics, 85% of Indian children have been subjected to cyberbullying in some form or the other.

The government has taken note of the rising numbers of such crimes and threats, and hence the Parliamentary Committee has summoned the officials from RBI and the Ministery of Electronics and Information Technology to the parliament on July 20, 2023, i.e. the first day of monsoon session at the parliament. This comes at a very crucial time as the Digital Personal Data Protection Bill is to be tabled in the parliament this session and this marks the revamping of the legislation and regulations in the Indian cyberspace. As emerging technologies have started to surround us it is pertinent to create legal safeguards and practices to protect the Indian Netizen at large.

Conclusion

The legal crossroads between Tata Sky and Linkedin will go a long way in establishing the mandates under the Intermediary guidelines in the form of legal precedents. The compliance with the rule of law is the most crucial aspect of any democracy. Hence the separation of power between the Legislature, Judiciary and Execution has been fundamental in safeguarding basic and fundamental rights.  Similarly, the RBI and Meity officials being summoned to the parliament shows the transparency in the system and defines the true spirit of democracy., which will contribute towards creating a safe and secured Indian Cyberspace.

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Introduction

The most significant change seen in the Indian cyber laws this year was the passing of the Digital Personal Data Protection Act, 2023, in the parliament. DPDP Act is the first concrete form of legislation focusing on the protection of Digital Personal Data of Indian netizens in all aspects; the act is analogous to what GDPR is for Europe. The act lays down heavy compliance mandates for the intermediaries and data fiduciaries, this has made it difficult for the tech companies a lot of policy, legal and technical changes have to be made in order to implement the act to its complete efficiency. Recently, the big techs have addressed a letter to the Minister and Minister of State of Meity to extend the implementation timeline of the act. In other news, the union cabinet has given the green light for the much-awaited MoC with Japan focused on establishing a long-term Semiconductor Supply Chain Partnership. 

Letter to Meity

The lobby of the big techs represented by a Trade Body named the Big Tech Asia Internet Coalition (AIC) this week wrote to the Ministry of Electronics and Information Technology (Meity), addressing it to the Minister Ashwini Vaishnav and Minister of State (MoS) Rajeev Chandershekhra recommending a 12-18 month extension on the implementation of the Digital Personal Data Protection Act. This request comes at a time when the government has been voicing its urgency to implement the act in order to safeguard Indian data at the earliest. The trade body represented big names, including Meta, Google, Microsoft, Apple and many more. These big techs essentially comprise the segment recognised under the DPDP as the Significant Data Fiduciaries due to the sheer volume of data processed, hosted, stored, etc. In the protective sense, the act has been designed to focus on preventing the exploitation of personal data of Indian netizens by the big techs, hence, they form an integral part of the Indian Data Ecosystem.  The following reasons/complications concerning the implementation of the act were highlighted in the letter:

• Unrealistic Timelines: The AIC expressed that the current timeline for the implementation of the act seems unrealistic for the big techs to establish technological, policy and legal mechanisms to be in compliance with section 5 of the act, which talks about the Obligations of a Data Fiduciary and the particular notice to be shared with the data principles in accordance with the act. 
• Technical Requirements: Members of AIC expressed that the duration for the implementation of the act is much less in comparison to the time required by the tech companies to set up/deploy relevant technical critical infrastructure, SoPs and capacity building for the same. This will cause a major hindrance in establishing the efficiency of the act.
• Data Rights:  Right to Erasure, Correction, Deletion, Nominate, etc., are guaranteed under the DPDP, but the big techs are not sure about the efficient implementation of these rights and hence will need fundamental changes in the technology architecture of their platform, thus expressing concern of the early implementation of the act. 
• Equivalency to GDPR: The DPDP is taken to be congruent to the European GDPR, but the DPDP focuses on a few more aspects, such as cross-border data flow and compliance mandates for the right to erasure, hence a lot of GDPR-compliant big techs also need to establish more robust mechanisms to maintain compliance to Indian DPDP.     

Indo-Japan MoC

A Memorandum of Cooperation (MoC) on the Japan-India Semiconductor Supply Chain Partnership was signed in July 2023 between the Ministry of Electronics and Information Technology (MeitY) of India and the Ministry of Economy, Trade and Industry (METI) of Japan. This information was shared with the Union Cabinet, which is led by Prime Minister Narendra Modi. The Ministry of Commerce (MoC) aims to expand collaboration between Japan and India in order to improve the semiconductor supply chain. This is because semiconductors are critical to the development of industries and digital technologies. The Parties agree that the MoC will take effect on the date of signature and be in effect for five years. Bilateral cooperation on business-to-business and G2G levels on ways to develop a robust semiconductor supply chain and make use of complementary skills. The cooperation is aimed at harnessing indigenous talent and creating opportunities for higher employment avenues. 

MeitY's purpose also includes promoting international cooperation within bilateral and regional frameworks in the frontier and emerging fields of information technology. MeitY has engaged in Memorandums of Understanding (MoUs), Memorandums of Covenants (MoCs), and Agreements with counterpart organisations/agencies of other nations with the aim of fostering bilateral collaboration and information sharing. Additionally, MeitY aims to establish supply chain resilience, which would enable India to become a reliable partner. An additional step towards mutually advantageous semiconductor-related commercial prospects and collaborations between India & Japan is the strengthening of mutual collaboration between Japanese and Indian enterprises through this Memorandum of Understanding. The “India-Japan Digital Partnership” (IJDP), which was introduced during PM Modi's October 2018 visit to Japan, was created in light of the two countries' complementary and synergistic efforts. Its goal is to advance both current areas of cooperation and new initiatives within the scope of S&T/ICT cooperation, with a particular emphasis on “Digital ICT Technologies."

Conclusion 

As we move ahead into the digital age, it is pertinent to be aware and educated about the latest technological advancements, new forms of cybercrimes and threats and legal aspects of digital rights and responsibilities, whether it is the recommendation to extend the implementation of DPDP or the Indo-Japan MoC, both of these instances impact the Indian netizen and his/her interests. Hence, the indigenous netizen needs to develop a keen interest in the protection of the Indian cyber-ecosystem to create a safer future. In our war against technology, our best weapon is technology and awareness, thus implementing the same in our daily digital lifestyles and routines is a must.  

References

• https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/
• https://www.moneycontrol.com/news/business/startup/trade-body-representing-big-tech-urges-govt-to-extend-dpdp-act-implementation-by-1-5-years-11605431.html
• https://www.google.com/url?rct=j&sa=t&url=https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/&ct=ga&cd=CAEYACoTOTI3Mzg4NzEyODgwMjI2ODk0MDIaOTBiYzUxNmI5YTRjYTE1NTpjb206ZW46VVM&usg=AOvVaw2lEO7-cIBZ_ox1xV39LGLs

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Introduction

The Data Security Council of India’s India Cyber Threat Report 2025 calculates that a staggering 702 potential attacks happened per minute on average in the country in 2024.  Recent alleged data breaches on organisations such as Star Health, WazirX, Indian Council of Medical Research (ICMR), BSNL, etc. highlight the vulnerabilities of government organisations, critical industries, businesses, and individuals in managing their digital assets. India is the second most targeted country for cyber attacks globally, which warrants the development and adoption of cybersecurity governance frameworks essential for the structured management of cyber environments. The following global models offer valuable insights and lessons that can help strengthen cybersecurity governance.

Overview of Global Cybersecurity Governance Models 

Cybersecurity governance frameworks provide a structured strategy to mitigate and address cyber threats. Different regions have developed their own governance models for cybersecurity, but they all emphasize risk management, compliance, and cross-sector collaboration for the protection of digital assets. Four such major models are: 

1. NIST CSF 2.0 (U.S.A): The National Institute of Standards and Technology Cyber Security Framework provides a flexible, voluntary, risk-based approach rather than a one-size-fits-all solution to manage cybersecurity risks. It endorses six core functions, which are:  Govern, Identify, Protect, Detect, Respond, and Recover. This is a widely adopted framework used by both public and private sector organizations even outside the U.S.A. 
2. ISO/IEC 27001: This is a globally recognized standard developed jointly by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). It provides a risk-based approach to help organizations of all sizes and types to identify, assess, and mitigate potential cybersecurity threats to Information Security Management Systems (ISMS) and preserve the confidentiality, integrity, and availability of information.  Organizations can seek ISO 27001 certification to demonstrate compliance with laws and regulations.
3. EU NIS2 Directive: The Network and Information Security Directive 2 (NIS2) is an updated EU cybersecurity law that imposes strict obligations on critical services providers in four overarching areas: risk management, corporate accountability, reporting obligations, and business continuity. It is the most comprehensive cybersecurity directive in the EU to date, and non-compliance may attract non-monetary remedies, administrative fines up to at least €10 million or 2% of the global annual revenue (whichever is higher), or even criminal sanctions for top managers. 
4. GDPR: The General Data Protection Regulation (GDPR)of the EU is a comprehensive data privacy law that also has major cybersecurity implications. It mandates that organizations must integrate cybersecurity into their data protection policies and report breaches within 72 hours, and it prescribes a fine of up to €20 million or 4% of global turnover for non-compliance. 

India’s Cybersecurity Governance Landscape 

In light of the growing nature of cyber threats, it is notable that the Indian government has taken comprehensive measures along with efforts by relevant agencies such as the Ministry of Electronics and Information Technology, Reserve Bank of India (RBI), National Payments Corporation (NPCI) and Indian Cyber Crime Coordination Centre (I4C), CERT-In. However, there is still a lack of an overarching cybersecurity governance framework or comprehensive law in this area. Multiple regulatory bodies in India oversee cybersecurity for various sectors. Key mechanisms are: 

1. CERT-In Guidelines: The Indian Computer Emergency Response Team, under the Ministry of Electronics and Information Technology (MeitY), is the nodal agency responsible for cybersecurity incident response, threat intelligence sharing, and capacity building. Organizations are mandated to maintain logs for 180 days and report cyber incidents to CERT-In within six hours of noticing them according to directions under the Information Technology Act, 2000 (IT Act).
2. IT Act & DPDP Act: These Acts, along with their associated rules, lay down the legal framework for the protection of ICT systems in India.  While some sections mandate that “reasonable” cybersecurity standards be followed, specifics are left to the discretion of the organisations. Enforcement frameworks are vague, which leaves sectoral regulators to fill the gaps. 
3. Sectoral regulations: The Reserve Bank of India (RBI), the Insurance Regulatory and Development Authority of India (IRDAI), the Department of Telecommunications, the Securities Exchange Board of India (SEBI), National Critical Information Infrastructure Protection Centre (NCIIPC) and other regulatory bodies require that cybersecurity standards be maintained by their regulated entities. 

Lessons for India & Way Forward 

As the world faces unprecedented security and privacy threats to its digital ecosystem, the need for more comprehensive cybersecurity policies, awareness, and capacity building has perhaps never been greater. While cybersecurity practices may vary with the size, nature, and complexity of an organization (hence “reasonableness” informing measures taken), there is a need for a centralized governance framework in India similar to NIST2 to unify sectoral requirements for simplified compliance and improve enforcement. India ranks 10th on the World Cybercrime Index and was found to be "specialising" in scams and mid-tech crimes- those which affect mid-range businesses and individuals the most. To protect them, India needs to strengthen its enforcement mechanisms across more than just the critical sectors. This can be explored by penalizing bigger organizations handling user data susceptible to breaches more stringently, creating an enabling environment for strong cybersecurity practices through incentives for MSMEs, and investing in cybersecurity workforce training and capacity building. Finally,  there is a scope for increased public-private collaboration for real-time cyber intelligence sharing.  Thus, a unified, risk-based national cybersecurity governance framework encompassing the current multi-pronged cybersecurity landscape would give direction to siloed efforts. It would help standardize best practices, streamline compliance, and strengthen overall cybersecurity resilience across all sectors in India.
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References

• https://cdn.prod.website-files.com/635e632477408d12d1811a64/676e56ee4cc30a320aecf231_Cloudsek%20Annual%20Threat%20Landscape%20Report%202024%20(1).pdf 
• https://strobes.co/blog/top-data-breaches-in-2024-month-wise/#:~:text=In%20a%20large%2Dscale%20data,emails%2C%20and%20even%20identity%20theft. 
• https://www.google.com/search?q=nist+2.0&oq=nist+&gs_lcrp=EgZjaHJvbWUqBggBEEUYOzIHCAAQABiPAjIGCAEQRRg7MgYIAhBFGDsyCggDEAAYsQMYgAQyBwgEEAAYgAQyBwgFEAAYgAQyBwgGEAAYgAQyBggHEEUYPNIBCDE2MTJqMGo3qAIAsAIA&sourceid=chrome&ie=UTF-8 
• https://www.iso.org/standard/27001
• https://nis2directive.eu/nis2-requirements/ 
• https://economictimes.indiatimes.com/tech/technology/india-ranks-number-10-in-cybercrime-study-finds/articleshow/109223208.cms?from=mdr 

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