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› Drew inspiration from Model Law on Electronic

Commerce adopted by the United Nations Commission
of International Trade Law (UNCITRAL).

› The said resolution recommends that all states give

favorable consideration to to the said Model Law when
they enact or revise their laws.

› This is in view of need of uniformity

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› 6eeks to address two different aspects of technological
revolution.
› Providing legal recognition to electronic transactions and
use of alternatives to paper-based methods of
communications and storage etc.
› Regulation and control of Cyber Crime and other
offences.
› 6eeks to define various offences arising out of use of
Digital 6ignatures
› Lays guidelines for regulating these offences.

 
› Consists of 13 Chapters.
› Chapter 1: Describes the scope and applicability of the act and
the definitions clause.
› Chapter 2: Authentication using digital signatures and
asymmetric cryptosystem
› Chapter 3: Legal recognition of electronic records and digital
signatures.
› Chapter 4: Contractual aspects of use of electronic records
such as attribution, acknowledgement, time and place of
dispatch and receipt.
› Chapter 5: presumptions available to secure electronic records
› Chapter 6,7,& 8: legal frame work within which D6 can be
issued and used.

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› Chapter 9,10 & 11: contraventions offences and penalties

› Chapter 12: single provision directed towards issue of

network service provider liability
› Chapter 13: miscellaneous provisions
 

› Transaction: DzAn action or a set of actions occurring between two

or more persons relating to the conduct of the business,
commercial or governmental affairs.dz
› Automated Transactions: DzA transaction conducted or performed,
in whole or in part, by electronic means or electronic records in
which the acts of one or both the parties are not reviewed by an
individual in the ordinary course of forming a contract, performing
under existing contract or fulfilling an obligation required by the
transaction.dz
 

› IT Act read in conjunction with the Contract Act.

› There has to be an offer.

› There has to be an acceptance of the said offer.

› There has to be some consideration for the contract.

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ÿThough the Internet is a goldmine, without adequate legal protection it could

become a landmine

ÿE-commerce is the mode of conducting business through electronic means.

ÿAll business activity conducted using a combination of electronic

communications and information processing technology.

ÿTotal transaction volume of e-commerce in India is expected to grow rapidly to

Rs. 1,950 crore by 2008
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A. Offer and Acceptance

B. Online Identity

C. 6ecurity : 6ecurity over the Internet is of immense importance to promote e-

commerce.

D. Authentication :Though the Internet eliminates the need for physical

contact, it does not do away with the fact that any form of contract or
transaction would have to be authenticated
 


 
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D Protection against unfair competition

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D 9  
If the company chooses a domain name that is similar to some
domain name or some existing trademark of a third party, the company could be
held liable for 
 
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ÿ 6ecure Credit Card Transactions

ÿ Recognition of digital currencies

ÿ Determining the relevant jurisdiction

ÿ Risk of Regulatory Change

ÿ Transaction risks

ÿ Consumer-oriented risks
  
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ÿ-or example, XYZ, a company in London, having its server in U6A, may sell its products to
customers in India or other countries.
ÿIf you receive defective goods or if you regret having made the purchase, the question
would arise as to which jurisdiction can you sue the company or claim damages or
withdrawal respectively.
ÿThe company, onthe other hand, might find itself confronted with foreign laws
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Controller

Deputy Assistant
Controllers Controllers
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ÿ Exercising supervision over the activities of the Certifying Authorities

ÿ Certifying public keys

ÿ Laying down the standards

ÿ -acilitating the establishment of any electronic system by a Certifying

Authority / Certifying Authorities

ÿ Resolving any conflict of interests between the Certifying Authorities

and the subscribers

ÿ Laying down the duties of the Certifying Authorities

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ÿ Maintaining a data base containing the disclosure record of every Certifying
Authority containing such particulars as may be specified by regulations, which
shall be accessible to public.

ÿ Act as repository

ÿ Recognition of foreign Certifying Authorities.

ÿ Recognition of foreign Certifying Authorities.

ÿ Power to delegate

ÿ Power to investigate contraventions.

ÿ Access to data and computer systems

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ÿ Make use of hardware, software and procedures that are
secure from intrusion and misuse

ÿ Provide a reasonable level of reliability in its services

ÿ To ensure compliance of the Act

ÿ Disclosure
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