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Tag Archives: limitation

Development of Cybercrime Law in the European Union

Posted on May 24, 2022 by Akash

At the European Union level, although the possibility of having a comprehensive legal framework dealing with cyber crimes was not a far stretched idea owing to the cooperation at the Union level, however, this idea was not considered until the late 1990s. Taking into account the growing incidents of cyber crimes, their peculiar nature, and […]

Rule Of Law in Globalising World

Posted on May 23, 2022 by Akash

The concept of rule of law finds its origin in the rulings of Chief Justice Sir Edward Coke[1] wherein he emphasised the significance of the King being under the law. However, it was only later that A. V. Dicey in his book: Introduction to the study of the Law of the Constitution, 1885[2], tried developing […]

Data Protection Regime in India

Posted on May 18, 2022 by Akash

Privacy has been considered an international human right, as is enumerated under Article 12 of the Universal Declaration of Human Rights[1] and Article 17 of International Covenant on Civil and Political Rights.[2] India being a signatory to these international instruments, is under an obligation to protect privacy of the individuals. The current legal framework in […]

Ritu Kumar v. Biba

Posted on May 16, 2022 by Akash

Ritika Private Ltd. vs Biba Apparels Pvt Ltd. 230 (2016) DLT 109 Delhi High Court Judges: Justice Valmiki J. Mehta Applicable law: Section 15 of the Copyright Act, 1957 Did you know: In order for the owner of a design to enjoy protection under the Designs Act, 1911, it is necessary that the design be […]

Significance of Cyber Forensics in the modern digital world

Posted on May 9, 2022 by Akash

The influence of Information and Communication Technologies (referred to as ‘ICTs’ hereafter) on society goes far beyond establishing basic information infrastructure. It has proven to be a foundation for development in the creation, availability and use of network-based services. It has played the most significant role in transforming the world we live in. Although ICTs […]

Data Protection Regime in the European Union- General Data Protection Regulation (EU-GDPR)

Posted on May 5, 2022 by Akash

Originally proposed by the European Commission in 2012, the EU GDPR[1] came into effect on 25th May 2018. It is intended to harmonize privacy and data protection laws across Europe. It further aims to provide a framework to ensure that the data subjects have control over their personal data. The provisions are GDPR are applicable[2]– […]

The Himalaya Drug Company vs Sumit 2006

Posted on April 16, 2022 by Akash

Delhi High Court Judges: Justice Badar Durrez Ahmed Applicable law: Copyright Act, 1957 Did you know: ‘Meta-Data’ is like a digital footprint, which allows a person to assess what tools and code have been used to develop a particular website Where it all began: Drug Company is engaged in the manufacture and sale of Ayurvedic […]

Role of Precedent in the Development of Law and Society

Posted on April 12, 2022 by Akash

Before analysing the role of precedent in the development of law and society, it is important to understand what constitutes a precedent. According to Gray, it “covers everything said or done which furnished a rule for subsequent practice”[1]. According to Keeton, it is a “judicial decision to which authority has in some measure been attached”.[2] […]

Right to be forgotten under General Data Protection Regulations

Posted on April 2, 2022 by Akash

‘Right to be forgotten’ is the claim of an individual to have any data pertaining to him deleted, with no trace. The foundation of this right was laid by the European Court of Justice in its 2014 judgement in Google Spain SL v/s Agencia Española de Protección de Datos & Mario Costeja Gonzalez[1], wherein it […]

Role of Social Media in a Democracy

Posted on March 28, 2022 by Akash

Social Media has for long been considered the fourth pillar of democracy owing to its potential to not just report what is happening around the world but to build a public opinion about the ongoing issues. The term ‘democracy’ implies the participation of people. Media facilitates this participation. The emergence of social media, however, has […]

The interplay between cyber forensics and threat to cyber security in digital spaces like Clouds

Posted on March 23, 2022 by Akash

More and more businesses organizations are becoming dependent on technology, and most of the data and information is being stored online. The development of storage technologies and computing resources, which are reasonably priced, provide more storage on demand, and are ubiquitously located, became inevitable. Cloud computing is the product of such technological development. In simple […]

Laws governing the Telecommunications sector in the United Kingdom

Posted on March 19, 2022 by Akash

The current legal regime governing the telecommunications sector in the United Kingdom (UK) comprises primarily of two laws: The Communication Act of 2003[1], and The Wireless Telegraphy Act of 2006[2] Before the 2003 Act was enacted, the Director-General of Telecommunication (DGT) was established as the independent regulatory authority under the Telecommunication Act, 1984. However, the […]