Anhad law

Frame

CERT DIRECTIONS

INDIAN GOVERNMENT DEFERS DIRECTIONS ON REPORTING CYBER INCIDENTS AND DATA COLLECTION FOR MSME TO SEPTEMBER 25,2022

Indian Computer Emergency Response Team (CERT-In) under Ministry of Electronics and Information Technology (MeitY), Government of India, which is the national agency appointed by Central Government for performing specified functions in the area of Cyber Security in terms of provisions of Section 70B of the Information Technology Act, as amended (“IT Act”), vide Notification dated June 27, 2022[1], has extended timelines for enforcement of Cyber Security Directions of April 28, 2022 (“Directions”)[2] relating to information security practices, procedure, prevention, response and reporting of cyber incidents for Safe & Trusted Internet. The enforcement date of June 27, 2022 is now extended till September 25, 2022 for Micro, Small and Medium Enterprises (MSMEs)[3] and also for implementation of mechanism for validation of subscribers/customers details by Data Centres, Virtual Private Server (“VPS”) providers, Cloud Service providers and VPN Service providers. Further, the requirement relating to the aspects of registration and maintenance of “Validated names of subscribers/customers hiring the services” and “Validated address and contact numbers” by Data Centres, Virtual Private Server (VPS) providers, Cloud Service providers and Virtual Private Network Service (VPN Service) providers incorporated at paragraph no.(v) a.& f of CERT-In’s Directions, to the said limited extent, will now become effective on September 25, 2022.

The development is significant as the Directions are applicable to service providers, intermediaries, data centres, body corporate, VPS providers, Cloud service providers, VPN service providers, virtual asset service providers, virtual asset exchange providers, custodian wallet providers and Government organizations, in other words, any entity whatsoever, in the matter of cyber incidents and cyber security incidents. The Directions require the covered service providers to have thorough compliances including reporting obligations, log keeping requirements, reporting to cyber security incident timeline, collection of user information and provide this data to CERT-In if demanded in case of a cybersecurity incident etc. Significantly, the Directions have been reported to be vehemently objected by the Industry stakeholders, the trade bodies such as Software Alliance (BSA), multiple industry bodies, tech companies, business advocacy organisations, cloud service providers and other service providers on the ground that it could hurt “commercial operations, investments and R&D activities” of businesses. In fact, owing to the imposition of data retention requirements, reporting requirements, data localisation mandate and other compliances, many leading global VPN service providers such as Nord VPN, Surfshark, Express VPN, etc. decided to remove their servers from India citing onerous compliance with the Directions.

Background

 

India’s Information Technology Act, 2000 (“IT Act“) provides legal framework to address issues relating to electronic communication and security breaches of information technology infrastructure. Under the IT Act, ‘Indian Computer Emergency Response Team’ (CERT-In)[4] is the national agency for cyber security incident response and proactive measures for prevention of cyber incidents in the Country[5]. In January 2014, the Indian government enacted the CERT-In Rules to deal with the incidents of cyber breaches. Rule 9[6] of the CERT-In Rules broadly lays down the services to be provided by CERT-In.  Rule 12 of CERT-In Rules require any individual, organisation or corporate entity affected by cyber security incidents to report to CERT-In[7].

The following types of cybersecurity[8] incidents are listed in the Annexure to Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013[9] (the “CERT-In Rules“) which need to be mandatorily reported to CERT-In as early as possible to leave scope for action:

  • Targeted scanning or probing of critical networks or systems
  • Compromise of critical information or system
  • Unauthorized access of IT systems or data
  • Defacement of websites or intrusion into websites and unauthorized changes, such as inserting malicious codes or links to external websites
  • Malicious code attacks such as spreading viruses, worms, Trojans, Botnets or Spyware
  • Attacks on servers such as Database, Mail and DNS or network devices such as Routers
  • Identity theft, Spoofing and phishing attacks
  • Denial of service (DoS) and Distributed Denial of service (DDoS) attacks
  • Attacks on critical infrastructure, SCADA systems and wireless networks
  • Attacks on applications such as e-governance and e-commerce

The format and procedure for reporting of cybersecurity incidents have been provided by Cert-In on its official website https://www.cert-in.org.in.

CERT-In Rules provide that individuals, organisations or corporate entities affected by Cyber Security Incidents may report cyber security incidents to CERT-In except the list of ten (10) types of cyber security incidents which are mandatorily reported to CERT-In as early as possible to leave scope for action. The incidents include Unauthorized access of IT systems or data, attacks on servers such as Database, Mail and DNS or network devices such as Routers which may be wide enough to cover the incident of ransomware faced by companies.  CERT-In Rules also provide that service providers, intermediaries, data centres and body corporates MUST report Cyber Security Incidents to CERT-In “within a reasonable time of occurrence or noticing the incident”. What is meant by reasonable time has not been provided in the CERT-In Rules and remains open for interpretation[10].

Thus, the CERT-In Rules, originally though, lacked clarity on the time period within which a cyber incident was to be reported, the Directions (to be now effective on  September 25, 2022), on the other hand, make this requirement more stringent by providing that all covered entities must report any cyber incident within within six (6) hours of noticing or being brought to notice of such incident to the CERT-In. 

Ranjan Jha, Partner

OFFICES:

  • E-38 Lower Ground Floor, Greater Kailash Part – I (Opposite Indus Biznotel), New Delhi – 110048, India
  • B-21, LGF, East of Kailash, New Delhi – 110065, India
  • T-39, Kensington Park Plots-2, Jaypee Wish Town, Sector 131, NOIDA 201 304, Uttar Pradesh, India

Web: www.anhadlaw.com

Email: delhi@anhadlaw.com

Disclaimer: The contents of the above publication are based on understanding of applicable laws and updates in law, within the knowledge of authors. Readers should take steps to ascertain the current developments given the everyday changes that may be occurring in India on internationally on the subject covered hereinabove. These are personal views of authors and do not constitute a legal opinion, analysis or interpretation. This is an initiative to share developments in the world of law or as may be relevant for a reader. No reader should act on the basis of any statement made above without seeking professional and up-to-date legal advice.

[1] https://www.cert-in.org.in/PDF/CERT-In_directions_extension_MSMEs_and_validation_27.06.2022.pdf

[2] https://www.cert-in.org.in/PDF/CERT-In_Directions_70B_28.04.2022.pdf

[3] notified by Ministry of Micro, Small & Medium Enterprises, Government of India vide notification no. 2020 S.O. 1702(E) dated 1st June 2020 in exercise of the powers conferred by sub-section (1) read with sub-section (9) of section 7 of the ‘Micro, Small and Medium Enterprises Development Act, 2006.

[4] CERT-In has been constituted by Ministry of Communication & Information Technology, Government of India vide notification dated  October 27, 2009 in terms of the provisions of section 70B (1) of the IT Act.

[5] Section 70B of the IT Act empowers CERT-In to act as a national agency for collection, analysis and dissemination of information on cyber incidents; forecast and alerts of cyber security incidents; emergency measures for handling cyber security incidents; coordination of cyber incidents response activities; issue guidelines, advisories, vulnerability notes and whitepapers relating to information security practices, procedures, prevention, response and reporting of cyber incidents; and other functions relating to cyber security. It is further empowered, under Section 70B (6) of the IT Act, to call for information and give directions to service providers, intermediaries, data centres, body corporate and any other person for carrying out the abovementioned activities.  

[6] 9. Services.- CERT-In shall broadly provide following services:-

  • response to cyber security incidents;
  • prediction and prevention of cyber security incidents;
  • analysis and forensics of cyber security incidents;
  • information security assurance and audits;
  • awareness and technology exposition in the area of cyber security;
  • training or upgrade of technical know-how for the entities covered under Rule 10 and sub-rule (2) of Rule 11;
  • scanning of cyber space with respect to cyber security vulnerabilities , breaches and malicious activities.

[7] 12. CERT-In operations.–

(a) Reporting of incidents: Any individual, organisation or corporate entity affected by cyber security incidents may report the incident to CERT-In. The type of cyber security incidents as identified in Annexure shall be mandatorily reported to CERT-In as early as possible to leave scope for action. Service providers, intermediaries, data centres and body corporate shall report the cyber security incidents to CERT-In within a reasonable time of occurrence or noticing the incident to have scope for timely action.

 

The details regarding methods and formats for reporting cyber security incidents, vulnerability reporting and remediation, incident response procedures and dissemination of information on cyber security are published on the website of CERT-In www.cert-in.org.in and are updated from time to time.

(2) CERT-In shall exchange relevant information relating to attacks, vulnerabilities and solutions in respect of critical sector with National Critical Information Infrastructure Protection Centre.

 

[8] Rule 2(1)(g) of CERT-In Rules defines ‘cyber incident‘ as “any real or suspected adverse event that is likely to cause or causes an offence or contravention, harm to critical functions and services across the public and private sectors by impairing the confidentiality, integrity, or availability of electronic information, systems, services or networks resulting in unauthorised access, denial of service or disruption, unauthorised use of a computer resource, changes to data or information without authorisation; or threatens public safety, undermines public confidence, have a negative effect on the national economy, or diminishes the security posture of the nation”.

Rule 2(1)(h) of CERT-In Rules defines ‘cyber security incident‘ as “any real or suspected adverse event in relation to cyber security that violates an explicitly or implicitly applicable security policy resulting in unauthorized access, denial of service or disruption, unauthorised use of a computer resource for processing or storage of information or changes to data, information without authorisation”.

[9] Notified and published vide notification dated January 16,2014 by the Central Government in exercise of the powers conferred by clause (zf) of sub-section (2) of section 87 read with sub-section (5) of section 70B of the IT Act, 2000

 

[10] Supreme Court in India in the judgment of “Veerayee Ammal V. Seeni Ammal”, 2001(4) RCR(Civil) 625: (2002)1 SCC 134) has held that the word “reasonable” has in law prima facie meaning of reasonable in regard to those circumstances of which the person concerned is called upon to act reasonably knows or ought to know as to what was reasonable. It may be unreasonable to give an exact definition of the word “reasonable”. The reason varies in its conclusion according to ideosyncrasy of the individual and the time and circumstances in which he thinks. The dictionary meaning of the “reasonable time” is to be so much time as is necessary, under the circumstances, to do conveniently what the contract or duty requires should be done in a particular case.

Related Posts

Contact

Office-I

E-38, LGF, Greater Kailash -I Main Road (Opposite Indus Biznotel) New Delhi-110048 | India

Contact Number: +91 11 4570 6611/+ 91 99582 22647

 

Office-II

B-21, LGF, East of Kailash, New Delhi – 110065 INDIA

Contact Number: +91 11 4321 2124

Email

delhi@anhadlaw.com

Manishi Pathak

  • Designation: Founding Partner
  • Education: M.Sc (1989) L.L.B. (1992)
  • Email: manishi@anhadlaw.com
  • Location: New Delhi, Ahmedabad
ANHAD LAW MANISHI PATHAK

Expertise

Anti-Bribery & Anti-Corruption | Dispute Resolution | Environmental, Social and Governance (ESG) | Employment & Labour | Corporate, Commercial and Regulatory | Government Relations | Mergers & Acquisitions

Manishi Pathak is the Founder and Managing Partner of ANHAD LAW.

Manishi has experience of over three decades. His areas of practice include dispute resolutions, labour and employment, corporate investigations, compliance audit and investigation into non-compliance of anti-bribery and anti-corruption laws, besides advisory and transactional supports on matters involving other corporate and commercial laws.

Read More

Manishi is also known for his expertise in the area of mergers and acquisitions/ joint ventures, corporate restructuring and re-organizations besides his government relations work. 

He has been appreciated by clients for his hands-on approach and for providing solution-oriented sound legal advice which is commercially and practically tenable. He is also known for offering unique blend of analytical thinking and business strategy, while structuring, negotiating and closing complex commercial transactions and resolution of disputes including mediation and arbitration.

Manishi also has vast experience of delivering advisory support in areas of law, including but not limited to contentious commercial disputes, regulatory compliances (involving exchange control regulations in addition to other regulatory matters), compliance advisory under various corporate and commercial laws, rules etc. (under applicable Central and/or State). 

Manishi’s primary area of interest and specialization besides dispute resolution and government relations is Labour and Employment laws. He enjoys a distinguished status and standing in the sphere of Labour and Employment law practice. He is widely recognized as a ‘top ranked specialist’ in this area of practice owing to his deep knowledge and vast experience of dealing with range of matters in the domain of labour and employment laws practice including court litigation and appellate work. 

Manishi has retained most top accolades on offer by leading global legal ranking bodies such as Chambers & Partners, Legal 500 etc., in the field of Labour and Employment laws in India. For over last decade, Manishi and he been retained title of ‘Top Ranked’ ‘Leading Practitioner’, ‘Specialist’, owing to established expertise and in-depth knowledge he possesses in the sphere of Labour and Employment laws practice in India. 

Manishi is considered to be one of the first legal professionals who identified the scope, ambit and applicability of various central and state specific labour and employment legislations in India, while making foreign and Indian multinational corporations having business presence in India recognize the importance of compliance to various labour and employment laws related legislations in India. 

Undisputedly, in the context of Indian scenario, Manishi is regarded as the legal professional who played a pivotal role that lead to recognition and acceptance of ‘labour and employment’ laws as a prominent and established area of practice, amongst other practice areas. 

As the practice head, Manishi is actively involved in advising on a wide range of labour laws related queries, preparation and standardization of employment agreements and other agreements such as non-compete and non-solicitation agreement, non-disclosure and confidentiality agreements, HR policies/handbooks/manuals etc., including structuring of ESOPs, closure of businesses, termination/transfer of employees, other termination related issues, trade union related disputes, social security and/or insurance claims, etc. The Firm predominantly represents companies/corporations and their management on employment related projects and litigation.

Manishi also leads members of the firm on matters involving employment audits, whistle-blower investigations, closure of establishments, transfer of business and undertakings, sexual harassment complaints, employer and employee rights and matters involving trade unions. He is also known for his involvement in investigations and/or enquiries concerning employees including in matters of misconduct by employees and/or associated parties. 

Prior to founding Anhad Law, Manishi has been the Partner of other renowned law firms of India.

Manishi has considerable experience of representing clients belonging to manufacturing as well as services business, across varied sectors including but not limited to automobiles, aviation, banking, chemicals, commerce, electronics, FMCG, information technology, paper, packaging, pharmaceuticals, ports, real estate, retail and telecommunications, amongst others.

Chambers and Partners lists Manishi in Band 1 for Employment Law and he has been recognised as a leading employment law specialist in India since 2013. They have provided the following comments as well: Manishi Pathak commands ‘great respect in the employment market,’ clients valuing him especially as a ‘very experienced partner who brings a lot of insight to particularly complex employment issues.’ He offers significant expertise in the handling of the employment aspects of M&A transactions and in advising international clients on ensuring that their operations comply with Indian employment laws.  Chambers and Partners ranked Manishi as a New Delhi based recognized practitioner in the area of Corporate/M&A for the years 2014 and 2015. He has been ‘Top Ranked’ for 2022 by Chambers and Partners (Asia-Pacific).   Chambers Global ranked him as a New Delhi based recognized practitioner in the area of Corporate/M&A for the year 2014 and 2015.  Asia Law Profiles 2022 has ranked him as an “Elite Practitioner’ for Labour & Employment Law in India. He was also earlier listed by Asia Law Profiles in 2017, 2019 and 2020.  He has been listed in the Who’s Who Legal of Indian practitioners in the field of Labour & Employment law since 2009.  Legal 500 has further recognised him amongst India’s leading lawyers for the last several years including 2021. 

He has authored several publications on Indian Labour & Employment law for Kluwer Law and Law Business Research and he writes and speaks regularly on a range of subjects, including foreign investment in India and Labour and Employment law. 

Some of his prominent publications include “Restrictive Covenants” (India Chapter) by Kluwer Law Publication; “Hiring and retaining Talent” (India Chapter) by Kluwer Law Publication; “Getting The Deal Through (Labour & Employment)”, India Chapter by Law Business Research; Labour and Employment Compliance in India, 9 editions, published by Kluwer Law since 2008 including of 2021. 

He has also authored “India Chapter on Employment Law in the Employment Law Review” by Law Business Research since 2010 -15. Manishi also contributed to National Law School Publication (Business Law Review) “An overview of contract labour related laws in India”. He has also contributed to the World Bank Group‘s publication Employing Workers 2021. 

Manishi is a member and was an officer of the Employment and Industrial Relations Law Committee of the International Bar Association (IBA). He is also a member of the Delhi High Court Bar Association and Inter Pacific Bar Association (IPBA).

Privacy Policy

ANHAD LAW OWNS AND MANAGES THE WEBSITE WWW.ANHADLAW.COM (“WEBSITE”).

Anhad Law protects and respects user’s privacy and processes data as a data controller in accordance with the applicable Data Protection Regulation (DPR) and other relevant laws. This policy explains how we may process user’s personal data. Any updates to this policy will appear on Anhad Law’s website.

  1. This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia, Section 43A of the Information Technology Act, 2000 (“IT Act”); Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”); and Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
  2. The Website is owned and managed by Anhad Law (“We”, “Us” or “Our”), a full-service law firm engaged in providing legal services (“Services”) with our offices at HT House, K.G. Marg, New Delhi -110 048 and B-21, LGF, East of Kailash, New Delhi- 110065, India amongst other locations in India. This Privacy Policy applies to all current and former users accessing or using Our Website, or otherwise engaging with Us through email or other means.
  3. The collection and processing of information in the course of Our delivery of Services, or other contractual or commercial engagements that We may enter into, will be done in accordance with the specific terms applicable thereto, and not by this Privacy Policy.
  4. By accessing or using Our Website or by otherwise giving Us a user’s information, a user confirms that he/she has the capacity to enter into a legally binding contract and have read, understood and agreed to the practices and policies outlined in this Privacy Policy. A user hereby consents to Our collection, use, sharing, and disclosure of his/her information as described in this Privacy Policy, which We have the right to modify, add or delete from, from time to time including continued access to or use hereof.
  5. If a user is accessing or using the Website from any location outside India, he/she does so at his/her own risk, and will be solely liable for compliance with any local laws, as may be applicable.
  6. We may collect the following types of information about a user, both through offline documentation that he/she may provide, as well as when a user uses Our Website: Information, Demographic Information, Behavioural Information, and Indirect Information, (each of which have been defined below, and collectively, “Information”) by using different technologies.

    ‘Demographic Information’ means information which is not unique to a user and refers to selected population characteristics including age, gender and current location details. ‘Behavioral Information’ means information about how a user uses the Website and information about his/her mobile device and software including usage statistics, traffic data, IP address, browser and operating system type, domain names, access times, locations, and details regarding the parts of the Website accessed. ‘Indirect Information’ means use of certain third party services on the Website also requires Us to collect such information as is considered necessary for that purpose.

  7. The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person (“Personal Information”). The SPDI Rules further define “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:
    • passwords;
    • financial information such as details of bank accounts, credit cards, debit cards or other payment instruments;
    • physical, physiological and mental health condition;
    • sexual orientation;
    • medical records and history;
    • biometric information; and

    Some of the Information collected by Us may qualify as Personal Information.

  8. We understand that all Personal Information provided by a user to Us is voluntarily. Collection, use and disclosure of Personal Information requires a user’s express consent, unless there are other legal grounds available to Us to collect such information as further specified in this Privacy Policy. By using or accessing the Website or otherwise providing Us with a user’s Personal Information, where applicable, a user is providing Us with his / her consent to Our use, collection, retention, transfer and disclosure of the Personal Information in accordance with the terms of this Privacy Policy.

    In the event of a change in the law applicable to data protection in India, a user hereby expressly consents to Our continued use, storage, collection and disclosure of his/her Information including Personal Information to the fullest extent permitted under such applicable law. If needed, We may contact a user for obtaining additional consents and approvals as required under the amended law and the user will be required to comply with such requests. Should a user chooses to not provide Us with such additional consents and approvals, We may discontinue access to the Website.

  9. In case a user denies access or withdraws any or all information included under Personal Information, then We may be unable to allow the user to access the Website or otherwise avail services for the provision of which such a user’s information is being collected or processed.
  10. We may use a user’s Information to operate and improve the Website in order to foster a positive user experience and to improve Our services as a whole; analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.; research; for non-targeting reasons such as frequency capping, compliance, information reporting or delivery, market research or product development purposes; to conduct audits and quality assessment procedures; and to analyse the use of Our resources and troubleshooting problems in relation to Our Website.
  11. We may also use a user’s Information, including Personal Information, for the purposes of recording information including dates times and locations at which Our Website has been accessed by using various tracking technologies and thereby improve Our Website and a user’s experience by providing him/her with relevant information based on the above(Disabling of tracking technologies on the Website by changing settings on a smartphone and/or web browser may result in a user’s inability to use the Website fully or at all); for providing with regulatory updates; to invite for seminars, webinars and workshops conducted; to comply with applicable law; to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or as otherwise required by law; to respond to any queries that a user may have, and to communicate information, including notifications of any alerts, any updates to the Website; and to contact a user from time to time to record his/her valuable feedback and/or any potential services that may be offered in the future.
  12. If a user wishes to opt out of receiving communications such as information regarding the Website and/or any regulatory updates provided by Us, he/she may do so by emailing Us at delhi@anhadlaw.com
  13. Any access to any of our social media account such as LinkedInetc., will be subject to the terms of service and privacy policy of the relevant social media Website and user should review the same before connecting with Us on such social media Website.
  14. We may disclose a user’s Information including Personal Information, as the case may be to other third parties, our agents, contractors or third party service providers, other Website users, to companies and individuals who are acting as Our counterparties, consultants and advisors in relation to the Website and/or authorised by Us to perform certain functions in relation to the Website and/or Our practice of profession, or for the purpose of improving Our Website.
  15. We may disclose a user’s Information, including Personal Information, if legally required to do so, pursuant to an order from a governmental entity or in good faith. We will disclose the same to conform to legal requirements or comply with legal process; and/or protect Our rights or property; or prevent a crime or protect national security; and/or protect the personal safety of users or the public.
  16. We are not liable for any loss or damage which may be incurred by a user as a result of the collection and/or disclosure of his/her information via third party services. We shall not be liable for any disputes arising from or in connection with such transactions between a user and any third parties.
  17. Each user may review, correct, update, change and/or delete his/her Personal Information on the Website by emailing Us at delhi@anhadlaw.com, except for allowing Us to retain any such information that may be required for legal purposes.

    Should a user choose to delete his/her Personal Information, or modify it in a way that is not verifiable by Us, or leads to such Personal Information being incorrect, We will be unable to provide such user with access to Our Website, and such a deletion or modification may be regarded as the user seeking to discontinue access to Our Website.

  18. We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect a user’s Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. We, however, cannot ensure that all of user’s Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting user’s privacy, We do not promise, and user should not expect, that his/her Information or private communications will always remain private. As a user of the Website, the user assume all responsibility and risk for his/her use of the Website, the internet generally, and the information the user posts or access and for user’s conduct on and off the Website.
  19. We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
  20. In compliance with applicable laws, We will take measures such that a user’s Personal Information, which is in Our possession or under Our control, is destroyed and/or anonymized as soon as possible provided the purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information and/or retention is no longer necessary for any other reason including applicable law.
  21. A user will be deemed to have agreed and undertakes to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by him/her to third parties either through Our Website or otherwise, and such user’s use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to a user’s Information or Personal Information which he/she may have disclosed to such third parties.
  22. In case of non-compliance with Privacy Policy or terms of use for access or usage of Our computer resource, We have the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
  23. In accordance with the IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:

    Mr. Dhruv Gandhi

    You may write to him at the following address:

    B-21, LGF, East of Kailash, New Delhi 110065 Or Email him at dhruv.gandhi@anhadlaw.com

Terms Of Use

These Terms of Use (the “Terms of Use”) describes the terms and conditions applicable to your access and use of the Website (as defined below). By accessing this website (www.anhadlaw.com), including the whole or any part of the web pages located at the website, layout of this website; individual elements of this website’s design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of this website and associated mobile applications (collectively, “Website”), you are deemed to accept the following Terms of Use and acknowledge and confirm that you are seeking information relating to Anhad Law of your own accord and that there has been no form of solicitation, advertisement or inducement by Anhad Law or its members.

You accept Terms of Use by using the Website or accessing any content available through the Website, including without limitation our RSS feeds (collectively, the “Content”).

Anhad Law may revise these Terms of Use at any time by posting revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Any revision/ amendment will be effective immediately. You are encouraged to periodically visit this page to review the Terms of Use and any changes thereto. Discontinuing use of the Website will not affect the applicability of the Terms of Use to your prior uses of the Website.

Anhad Law website is provided as a complimentary facility to clients, colleagues, and others, for general information only. The content or information on any Website is not designed or intended to provide legal or other advice or create a lawyer-client relationship and is not intended to solicit clients or work. By accessing the website, you wish to gain more information about Anhad Law, its practice areas and its attorneys, for your own information and use; and the information is made available/provided to you only on your specific request. Any transmission, receipt or use of this Website and information and materials contained therein or sending an e-mail to our offices, will not create or constitute an attorney-client relationship. Any information obtained or material downloaded from this website or and materials contained therein is completely at your volition, None of the information contained on the Website is in the nature of a legal opinion or otherwise amounts to any legal advice and you should not take any action based on the Content of this Website without seeking independent legal advice.

Anhad Law and its partners, retainers, consultants, directors, agents, associates or employees (including authors or contributors of any content or information on the Website) accept no responsibility for any loss or damage that may result from accessing, or reliance on, any content on the Website and disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to or resulting from, or arising out of or connected with acts or omissions made by clients or readers or users on the basis of content or information on the Website.

Rankings and other materials from legal directories and other sources may refer to current Legal Practice verticals or their predecessors. Images of people may be their current or former images or may feature current or former personnel or models not connected with Anhad Law.

  1. Anhad Law may add, alter, modify, change or vary all or any of these Terms and the Content and/or the services described on the Website at any time without any prior notice.
  2. The Website and the Content are the sole and exclusive property of Anhad Law and/or its licensors. You are provided with access to it only for your personal and non-commercial use. You may not, in any form or by any means: (i) adapt, reproduce, store, duplicate, copy, sell, resell, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or (ii) commercialise any information, products or services obtained from any part of this website, without our written permission. You hereby acknowledge and agree that, as between Anhad Law and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by Anhad Law. Use of the Website or the Content in any way not expressly permitted by these Terms of Use is prohibited.
  3. So long as you agree and comply with the terms of these Terms of Use, and unless these Terms of Use is terminated by Anhad Law, Anhad Law invites a person to view and/or print a single copy of the Content or any part thereof. You agree that you will not remove or modify any acknowledgements, credits, disclaimers or legal notices contained on the Website or in the Content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to these Terms of Use and, in the event of a conflict, any such terms shall prevail.
  4. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, alter, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
  5. In the event you are accessing the Website on a shared computer/ mobile device, we would strongly recommend that you clear your recent browsing history, cookies and cache from your internet browser and re-access the Website so that you may review our disclaimer and accept the Terms of Use. Anhad Law disclaims all liability in the event of non-compliance on part of the user in this regard.
  6. The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. Information provided on the Website is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times. The Website is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. Anhad Law does not warrant that the information contained on this Website is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, Anhad Law assumes no liability for the interpretation and/or use of the information contained on this Website, nor does it offer a warranty of any kind, either expressly or impliedly. You are encouraged to confirm the information contained herein. You should not construe Anhad Law publication of the Content as a warranty or guarantee of the quality or availability of any services or the accuracy, completeness or reliability of the Content or any part thereof.
  7. The Website may contain links to websites operated by other parties. Anhad Law provides these links to other websites as a convenience, and use or access of these sites is at solely your own risk. The linked sites are not under the control of Anhad Law, and Anhad Law is not responsible for the content available on such sites. Such links do not imply Anhad Law’s endorsement of information or material on any other site and Anhad Law disclaims all liability with regard to your access to and use of such linked Websites and the consequences of such access or use. Anhad Law does not intend that the links from this Website to other internet websites, be considered referrals to, endorsements of, or affiliations with the linked entities. Anhad Law is not responsible for, and makes no representations or warranties (i) the contents of the websites to which links may be provided from this Website, or (ii) other such websites or links may be active or always available. You must review and agree to the terms and conditions of these sites before using these sites.
  8. Maps are published by Google and sourced under an open license. The boundaries and names shown and the designations used do not necessarily imply the expression of opinion on the part of Anhad Law or its personnel in respect of the legal status of any geographic region, frontier, or boundaries.
  9. You must not link to Anhad Law’s Website without a written agreement between you and Anhad Law authorizing you to do so.
  10. Unauthorized use of any Anhad Law trademark, service mark or logo are prohibited, and may be a violation of applicable trademark laws.
  11. The website and all content on the website are provided to you on an “AS IS” and “AS AVAILABLE” basis without making warranty of any kind either express or implied, representations, endorsements or conditions with respect to the Website or the information, including but not limited to any implied warranties as to usefulness, completeness, accuracy, correctness, reliability fitness for a particular purpose, and non-infringement. Anhad Law makes no warranty as to the accuracy, completeness or reliability of any Content available through the website. You are responsible for verifying any Content or information before relying on it. Use of the Website and the Content available on the Website is at your sole risk.
  12. Anhad Law makes no representations or warranties that the Website will be available or will meet the user(s) requirements, that access/use of the website will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to user’s computer system. You have the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
  13. The User understands that the Website is used by him/her solely at his/her own risk, cost and liability. To the maximum extent permitted by applicable law, Anhad Law disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims the user or anyone else for any loss, damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with user’s use of or inability to use the Website or the information contained therein/Content , or any action or decision made by user in reliance on the Website or the information contained therein, or any unauthorized use or reproduction of the Website or the information therein, even if Anhad Law has been advised of the possibility of such damages.
  14. You agree to indemnify, defend and hold Anhad Law, its subsidiaries, and affiliates, and their respective officers, agents, members, partners, associates, directors, consultants and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of these Terms of Use.
  15. Copyright © 2021 Anhad Law, All rights reserved – The Website is protected by applicable copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Anhad Law’s express prior written permission.
  16. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us via our contact form:
  17. (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is claimed to be infringed; (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Anhad Law locate content quickly); (iv) Your name, address, telephone number and e-mail address; A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or licensee or authorized to act on the copyright or intellectual property owner’s or licensee’s behalf. You can write to us at:Email ID: delhi@anhadlaw.com
  18. Anhad Law may, in its sole discretion, disable and/or terminate use of or access to the Website by users who infringe the intellectual property of others or of Anhad Law. The user agrees that Anhad Law with or without any reason, may immediately terminate his/her access to the Website without prior notice. Without limiting the foregoing, Anhad Law may terminate or temporarily suspend his/her access to the Website if he/she (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems.
  19. Users agree that all terminations of access to the Website shall be made at the sole discretion of Anhad Law, and that Anhad Law shall not be liable in any manner whatsoever to either him/ her or any third-party for any termination of access to this Website.
  20. By agreeing to these terms, you acknowledge that Anhad Law may collect, use and disclose your information as described in our Privacy Policy, also available on the Website.
  21. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be disregarded and the remaining provisions shall remain in full force.
  22. Anhad Law’s failure to act or delay in acting with respect to any failure by you or others to comply with these Terms of Use does not waive or limit its right to act with respect to that, subsequent or similar failures.
  23. Terms of Use set forth the entire understanding and agreement between you and Anhad Law with respect to the subject matter hereof.
  24. Any cause of action or claim you may have with respect to these Terms of Use or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
  25. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Anhad Law, and any purported assignment or transfer in violation of this provision shall be null and void.
  26. Anhad Law causes the control and maintenance of this Website from India. Anhad Law makes no representations that the information and material contained in this Website are appropriate or permitted for use in jurisdictions outside India.
  27. These Terms of Use are governed by the laws of India without giving effect to any principles of conflicts of laws.
  28. The usage of the Website by the user is subject to the exclusive jurisdiction of the courts located in Delhi without prejudice to the right of Anhad Law to take action in any jurisdiction whatsoever.
  29. Anhad Law reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, Anhad Law may take action to disclose any information necessary or appropriate to such persons or entities relating to user’s profiles, e-mail addresses, usage history, IP addresses and traffic information.
  30. Anhad Law reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
Frame

Quick Links

Our Expertise

Contact Us

Consent Management Platform by Real Cookie Banner