02-09-2017, 09:01 AM
Cybercrime adversely affects various activities in the electronic medium using computers, computer systems and computer networks. This does not mean that the telecommunication service provider has to assume the role of a "big brother and tracing agent" but must ensure that the laws of India are "Immediately Fulfilled" once it has been "Duly Notified" on Abuse / Misuse / Exploitation of your Network or Platform. The Intermediate Internet Responsibility in India arises when the person under the obligation to comply with Cyber Due Diligence "fails" to do so. Likewise, if a person is managing an e-commerce website, it is their responsibility to ensure that all laws of India and other jurisdictions, wherever they are involved and applicable, are "duly complied" while managing and executing such site web e-commerce. However, said e-commerce website has the "Compliance Obligations" in "Multiple Levels". For example, such Electronic Commerce Website must operate not only in accordance with the applicable Indigenous Laws of the "Concerned Field" of said Electronic Commerce Website, but also to ensure that all "Online Violations" are immediately repaired to Civil and Criminal Escape Obligations under Indian and foreign laws. A "common misconception" among e-commerce players in India refers to the "Theory of single game rules". Most e-commerce entrepreneurs in India believe that there is no requirement to follow Indian laws. This, of course, is a "dangerous assumption" to make. Many also feel that simply copying and using the Terms and Conditions of an e-commerce website would suffice. E-Commerce in India is not devoid of legal compliance nor does a single gaming rule apply to them. E-commerce is a very broad field covering different areas and fields. For example, the Online Pharmacy Legal Requirements are totally different from the Online Gambling Requirements. Similarly, selling adult merchandise through the e-commerce website is significantly different from other online selling platforms. Therefore, one set of rules can not be applied to all e-commerce business models.