Advanced Cyber Law and Technology Law Course with practical training and instructor led live online classes
Roti, Kapda, Makan and Internet. This has become the new basic necessity adage. Internet is probably the most revolutionary invention after fire.
How big is our digital India? India consumes the most internet data in the world. Information Technology has penetrated every sphere of our lives. And still, this is just day 1, as Jeff Bezos says. There is a long way ahead, and it is getting paved by tech. Tech is one of the fastest growing industries.
That has presented a very amazing opportunity for cyber lawyers. As there is a lot of activity in the cyber world, naturally the contracts related to them, litigation over cyber assets, and even cybercrime is on the rise. Cyber crimes, cybersecurity breaches, cyber terrorism have been emerging alarmingly. In India, there are entire call centres of criminals engaging in online frauds, credit card theft, identity theft, online employment scams etc.
Similarly, as there are thousands of tech companies selling tens of thousands of tech products and financially thriving, the need of lawyers who can competently help them is also on the rise.
However, what is not on the rise? The number of lawyers actually training or learning how to do technology law and cyber law work.
It is not as easy as knowing the sections of the IT Act. That is too basic!
Drafting and negotiating technology contracts forms the major chunk of work for a technology lawyer in TMT law firm.
For a lawyer dealing in Technology, Drafting contracts have become complex. It is not possible to work in key management or leadership position in a technology company or startup without having knowledge or skills about drafting and negotiating technology-related agreements.
Take the business of software development, for example, the source code of the product forms the basis of your proprietary product. What if the programmer leaves the company or in worse case, what if the company goes bankrupt? If the company was a supplier or a licensor, chances are many vendors will depend on the product
In such cases, the company needs to ensure continuity of services. Well, providing a software escrow clause helps in such scenarios. It keeps your software code with a third party so that you or the licensee can access it under the terms of the agreement.
Do you know, Netflix reserves the right on four marvel Disney characters post cancellation of its deal with Disney. It means that Disney can't even bring them on their own streaming channel until 2020. Are such saturation clauses valid? How do you go about negotiating such terms?
These are some examples where a cyber lawyer's expertise will be sought after.
A lot of legal and contractual work needs to be undertaken if you are setting up an e-commerce website
Suppose you buy a defective coffee maker from a seller on Amazon India. You sustain injuries from using the product. Can you sue Amazon for it? Is Amazon, India liable on account of misrepresentation or breach of warranty?
For the average e-commerce startup, it shows how important it is to clearly define product liabilities and warranties while dealing with third-party vendors.
You can easily get sued by customers for product defects that have nothing to do with your business while damaging your business's reputation.
Cross-border legal risks and tax implications need to be managed if you are going to set up an online business in a jurisdiction other than the home country.
E-commerce websites are repositories of customer identity and information which is often collected through registration and while making payments for products or services. E-commerce websites are obligated to protect sensitive information.
While GDPR compliance has gained traction in the west, India is also coming up with its own version of data protection and privacy laws.
Data protection and consumer-related concerns need to be kept in mind. These concerns need to be incorporated while designing business processes and data privacy contracts.
Payment frauds on e-commerce websites are also very common.
There is a growing scope of advisory work up for grabs for a cyber lawyer here.
Cyber Forensics, investigation and audit
Work as a cyber lawyer majorly involves dealing and analysing digital evidence. What if a client company comes to you alleging that an ex-employee has stolen its trade secrets or the employee has compromised private customer data?
Data can be traced back through cyber forensics, there are digital tools out there which can dig deeper into erased hard disks and pen drives to find, analyse and collate evidence in cyber crime cases. In 2017, the Times of India had covered a story which reported a massive 223 percent rise in cases solved using cyber forensics. It only goes on to show, the scope of work available for budding cyber lawyers with the knowledge of cyber forensics.
A cyber lawyer's case preparation for a case is complete after they have gathered all possible pieces of evidence present on the storage media of digital devices including evidence related to the case as well as those that are not related to the case, but can be used to prosecute the owner of the media in a new case.
Cases involving intermediary liability
Have you heard about the famous case of Guruji.com? It was touted as India's version of Google. It allowed users to stream music from different sites including pirated sites. Ultimately, T-Series issued a takedown notice owing to infringing content on the website and the whole website eventually shut down.
A cyber lawyer can help in issuing takedown notices and determining the scope of intermediary surveillance, strategies for content screening on websites in cases involving the question of intermediary liability.
Fake sales give rise to litigation
You might have noticed, online websites like shopclues and snapdeal sell a lot of counterfeit and deceptively similar products. Even amazon has been warned by the Delhi High court against fake good sellers.
There have been many reported instances where the customer has been duped of his money.
Exciting times lie ahead as newer concepts are emerging in the Global Cyberspace
Have you heard about emerging concepts like the Internet of things? In the day and age of smart appliances, voice & virtual assistants, one can practically run home under automation without any human intervention.
What if your smart refrigerator contacts the vendor to refuel your supplies of groceries. The possibilities are endless. What if smart appliances like your smart TVs, smart ovens etc can be programmed to communicate amongst themselves through artificial intelligence? it has literally the potential to take over your lifestyle on autopilot? Can you even imagine the kind of legal disputes that may arise?
How will you determine whose negligence is it in such cases?
Understanding how the system adapts is often crucial for fact-finders, but it can also be difficult to explain in terms both simple and clear enough for non-experts to understand. Here, an expert witness who not only understands AI but who can also explain it lucidly may play an essential role in the case.
Cryptocurrency poses interesting legal questions
Till early last year, people were extremely bullish and made a lot of money in the cryptocurrency market by investing in bitcoins.
However extreme returns and volatility in the unregulated cryptocurrency market caught the eye of the regulators causing them to issue directives.
A while back, the global giant JP Morgan Chase has announced the launch of its own version of bitcoin. It is a big thump to the credibility of global blockchain and cryptocurrency market.
One interesting question that comes to my mind is will the capital gains tax be charged differently in such transaction? Bitcoins operate in a multi jurisdiction global market, how will you structure such transactions from a tax perspective? The workings of the cryptocurrency market is still a maze for many. How will you impose liability in cases on intermediary committing frauds.
All these technological advancements and futuristic trends pose interesting questions which will definitely become the subject matter legal cases to solve in the future.
Cyber Sovereignty and issues of jurisdiction
Gone are the days when threat to the sovereignty of a nation was restricted in the form of terrorism. In December 2015, there was a cyber attack on the Ukrainian power grid causing blackouts. US agencies allege that Russia was involved in the cyber power hack.
Last year, finance minister Shri Arun Jaitley placed emphasis on allocating funds to strengthen India's cyberspace infrastructure acknowledging the concern that artificial intelligence poses on privacy and national cybersecurity
Hackers principally operate taking advantage of anonymity over the internet. The need to regulate the dark web enabling secure cyberspace is the need of the hour.
Internet has made physical boundaries borderless. You can literally connect with anyone sitting in another part of the world, buy stuff from worldwide global stores, take an online course from another part of the world. It poses interesting questions relating to jurisdiction.
We at LawSikho realise the lack of skill development courses available online or offline to deal with emerging concepts in the cyber law tech space. Therefore, we bring to you the most comprehensive Diploma in Cyber Law, Fintech Regulations and Technology Contracts.
Who should take this course
- Managers, business heads and officers in charge of business decisions in tech companies, both in the products and services category.
- Lawyers working for technology and e-commerce companies such as Google, Facebook, Amazon, Uber, Flipkart etc.
- Lawyers looking to specialize in cyber law, technology law, Banking and Investment Law
- Cyber security officers and data protection officers
- Lawyers looking to build an independent technology law practice
- Law students looking to work in corporate law firms or big 4 consultancy firms
- Law students looking to work in fintech companies, banks or NBFCs
What is the career potential after doing this course
Today, each and every big and small law firm has a dedicated technology law team. In the past, they used to have teams that were called TMT team. TMT stands for technology, media and telecom. However, at present, technology often gets its standalone practice group or team as it has far outstripped the other two sectors in growth of legal work.
There are law firms completely dedicated to the practice of technology law. They command incredible premium from their clients. There are few practices as rewarding as that of technology law thanks to deep pocketed and generous clients who are growing fast and do not hesitate to loosen their purse strings to get high quality legal representation.
The technology sector has been consistently attracting biggest investments, which goes on to further highlight the importance of tech lawyers within law firms.
Technology related disputes and litigation is constantly on the rise. Litigators also need to learn about technology law.
Big tech companies are hiring in-house technology lawyers to deal with compliances, disputes, advisory work.
Financial sector is seeing a major digital transformation. From online brokers, crowdfunding to P2P loans, there is a major change underway. This is a heavily regulated sector with many rules and regulations, and involvement of lawyers is needed in every step.
Banks, NBFCs and financial institutions are heavily investing in technology faced with competition from fintech companies. Both banks and transitional financial institutions as well as fintech companies are recruiting lawyers with knowledge of fintech regulations as well as technology law.
Technology contracts represent a big segment of the work. Tech lawyers work on a variety of contracts that are typical to technology industry.
There are many independent technology lawyers catering to startups and SMEs with respect to technology contracts, tech regulations, investment and advisory work. This work also requires a high level of skills and such lawyers make very good money.
We are still just scratching the surface. As Indian technology is still nascent, the tech industry is heavily driven by foreign companies. This is expected to change as indigenous companies are developing and maturing.
India has the world's largest and cheapest technology talent. This is the biggest reason behind inevitable growth of Indian tech industry in years to come. There is a lot to be done in the next 5 years. As a result, lawyers who can handle cross border financing transactions are on very high demand.
There are many think tanks and NGOs working in the area of technology law and regulations. They also hire many lawyers for legal research, policy advocacy and monitoring of legal developments.
Government is increasingly empanelling and employing many technology lawyers as it is entering into various technology agreements as it is implementing technology in various aspects of governance.
You cannot learn these things by studying any particular laws, regulations or rules (although that knowledge is important), and there are no adequate books that can help you here. Success in technology law practice require skills which are more varied than merely knowing the provisions of various statutes.
- Technology product companies
- Technology consulting service providers
- Law firms
- Independent lawyers specializing in technology and startup space
- Digital marketing agencies
- Large conglomerates
- Big technology companies
What is unique about this course
The course is not limited to a provision-by-provision study of some statutes and associated case laws alone.
This course is not only helpful for lawyers, but even managers, decision makers, directors and founders can also do this course and immensely benefit from the knowledge.
Cyber law, cyber crimes, cyber security etc are subset of technology law and has been thoroughly covered in this course.
Data protection laws including GDPR has created a lot of work for technology lawyers
The course trains you on different kinds of actual work that is required to be performed by lawyers and other professionals. After finishing the course, you will have acquired as much practical knowledge as a lawyer working at a big law firm in TMT team will know after a year or two.
It is not a mere theoretical study, but hands on practical lessons where you will have to draft a lot of documents and develop strategies.
The course is tough and intensive, you will not be awarded the certificate unless you complete all the exercises. You have to spend 8-10 hours per week on this course.
You will get personal attention and coaching from the trainer, and get individual feedback on the quality of work you produce
You will be writing an article every month and with our guidance publish the same either on iPleaders blog or various other industry publications
We will provide you a free course on professional networking, CV writing and interview skills so that you can easily find jobs.
Those who perform well in class will be recommended to top law firms for internships and jobs. If you do not need such help, let us know in what other way we can help you.
After completing the course, you will be able to perform various tasks that fall in the domain of technology law, regulation, compliances and technology contracts and be at ease with different aspects of technology licensing, due diligence etc. Even if you work as a general in-house lawyer, or a lawyer in banking & finance, M & A, Private Equity or Venture Capital space, and with respect to technology law aspects even if you pursue litigation or arbitration.
INTRODUCTION TO INFORMATION TECHNOLOGY LAW
- Importance of Information Technology (IT) Law for Businessmen
- Introduction to the structure of the Internet and Jurisdiction Related Issues
- Understanding jurisdictional issues in the cyberspace
- Understanding net neutrality and its effects
- Net neutrality and its application in India
- Future of legislation relating to social media
- Are Indian companies active in framing social media policies?
INTRODUCTION TO TECHNOLOGY CONTRACTS
- How to understand any Technology Contract and Course Outcomes
- Contract Structure,Grammar and Formatting
- Why you need a checklist before drafting any contract?
- Introductory checklist
- The definitive contract checklist
- How to meet client objectives successfully
- Limitations and Workarounds to Online Contracts
- How to use Contract Management and Software for legal risk mitigation
Sample Templates - Information Requisition Form
CRITICAL INTERESTS TO BE PROTECTED IN TECHNOLOGY CONTRACTS
- Data Management and security clauses in technology agreements
- Escrow mechanisms
- Data security
- Data management
- Disaster recovery
- Risk mitigation and termination clauses
- Liquidated damages
- Limitation of liability
- Representation and Warranties
- Term and Termination
- Reverse transition services
- Payment mechanism and process
- How internet structure and jurisdiction impact technology contracts
- Boilerplate clauses in Information Technology Contracts
- How the Government of Andhra uses the PPP model for E-governance
WEBSITE RELATED AGREEMENTS
- Terms of Services for Websites and Platforms
- Drafting Terms of Service for online marketplaces
- Analysis of conditions for use of API by Facebook, LinkedIn and other companies
- Domain Name Assignment or Domain Name Transfer and Settlement Agreement
- Cybersquatting and Domain name disputes
Domain Name Transfer - Assignment Agreement
SOFTWARE DEVELOPMENT, LICENSING AND ACQUISITION
- Types of software licenses
- Cloud computing
- Software due diligence
- Software due diligence in Mergers and Acquisitions
- Taxation of software
- Open Source licensing and copyright issues
- Major Open Source Licenses are their terms
- Outsourcing Technology Work to a Third Party Developers
Software and Technology Development Support and Maintenance
IP Assignment and Confidentiality Protection Agreement
Test and Evaluation License Agreement
E-COMMERCE LAW & CONTRACTS
- Legal issues pertaining to E-commerce ventures
- Legal framework for structuring E-commerce portals
- Consumer rights in case of e-commerce transactions
- How to enforce your rights against counterfeit products sold through e-commerce sites
- Case Study - The online fraudster
- Contractual arrangements required for an e-commerce portal to function
- Standard clauses in technology agreements
- How to draft Website Development and Services Agreement
- How to draft Order Fulfillment Agreement
- How to draft Online Shopping Site Conditions of Use
- How to draft Terms of Sale
- How to draft a Subscription of Services Agreement
- How to draft a Software Maintenance and Support Agreement
- Open Source Licenses: Validity and Key Insights
- Limitations and Workarounds to Online Contracts
- FDI policy on E-commerce and retail sector
- FDI in E-commerce
- FDI in single brand, multi brand in retail sector
Software Maintenance and Support Agreement
Order Fulfillment Agreement
Online Shopping Site Conditions of Use
Terms and Conditions of Sale
Subscription Services Agreement
E-commerce Website Development and Services Agreement
Software Maintenance and Technical Support Agreement
Other Sample Documents
Drafting Checklist for Order Fulfillment
Drafting Checklist for Shopping Site Conditions
Drafting Checklist for Terms and Conditions of Sale
Drafting Checklist for Subscription Services Agreement
Drafting Checklist for Maintenance and Support Agreement
Drafting Checklist for Software Maintenance and Support Agreement
OTHER TECHNOLOGY CONTRACTS
- Non Disclosure Agreements
- Business Process Outsourcing: Structure and Agreements
- Technology Transfer Agreement
- Video Game Licensing
- E-book Publishing Agreement
- Work-for-hire Agreement
- Music Licence Agreement
Sample Documents and Agreements
Transfer of Technology Agreement Checklist
Transfer of Technology and License Agreement
MODULE : PLATFORM AND INTERMEDIARY LIABILITY
- Intermediary Liability under the InformationTechnology Act, SPDI Rules and Copyright Act
- Blocking of websites
- Intermediary Liability - Shreya Singhal Judgment
- What are the responsibilities of social networks, platform owners and intermediaries?
- How to draft and issue takedown notices under the InformationTechnology Act
- How to Draft a Takedown Notice under DMCA Indian Copyright Act and Information Technology Act
- How to issue takedown notice, Intermediary Liability under the Digital Millennium Copyright Act and why it is relevant?
- Limitations on liability relating to material online
- How to deal with takedown notices
- Surveillance requests and sharing of information with Government
- Network structure and cyber security
- Cryptography and encryption
Takedown Notice for Copyrighted Content
MODULE: FINTECH, ARTIFICIAL INTELLIGENCE, MACHINE LEARNING AND THE LAW
- RBI Regulation of fintech sector
- Analysis of Payment and Settlement Systems Act
- Consequences of Dishonour of ECS
- Structure and Role of National Payments Corporation of India
- Penalties and Compounding for Payment Systems Operators
- Digital authentication and electronic contracts
- Aadhar Enabled Payment System (APES) and Unified Payment Interface of India (UPI)
- Case Study of Aadhaar judgment and subsequent amendments
- How e-wallets work and how your startup can create e-wallets
- Interoperability of Prepaid Payment Instruments
- Regulation of payment gateways and wallets
- Regulation of P2P lending and lending platforms
- Payments banks - case study of Airtel and Paytm
- Legal validity of bitcoin and cryptocurrencies
- Regulatory Sentiment Around the World
- Countries where ICOs are legal
- Applicability of securities and exchange control laws globally to cryptocurrency
- Position of RBI and SEBI
- How can Indians invest in cryptocurrency
- Cryptocurrency and Blockchain Ecosystem Framework
- Decentralized Automated Organizations
- Cryptocurrency Wallets
- Cryptocurrency Exchanges
- Cryptocurrency Mining
- Initial Coin Offerings
- Cryptocurrency and Blockchain Applications
- Smart contracts
- Land Registry
- Luxury Goods Authentication
- Government tracking
- Case Study of Dubai and Andhra Pradesh on Government issued-cryptocurrencies
- Legal Work Around Cryptocurrency (Consultancy around markets, startups and exchanges, and funds which invest in cryptocurrencies)
- Legal Issues Around Artificial Intelligence and Machine Learning
- SEBI Regulations on algorithmic trading
- SEBI Regulations on colocation
- SEBI and RBI regulations on the fintech sandbox
MODULE: GDPR, PRIVACY AND DATA SECURITY
- Data Protection Requirements under law
- GDPR and its relevance for Indian businesses
- How is India dealing with GDPR
- Advisory note on impact of GDPR
- Internal Policy on management and sharing data
- How to comply with GDPR
- GDPR compliance between multiple organizations
- Consequences of non-compliance with GDPR
- Liability and indemnity under GDPR
- How is GDPR impacting Indian Information Technology Industry
- GDPR Review of B2B Contracts
- GDPR audit and compliance in India for Information Technology Industry
- GDPR for Entrepreneurs - What you need to know
- Data processing contract letter
- Role of Data Protection Officer under General Data Protection Regulations
- Data security and Privacy issues
- Privacy Law and Policy
- Data protection standards
MODULE: CYBER CRIMES AND BANKING FRAUDS
- Offences under the Information Technology Act 2000
- Intermediary Liability of Internet and Service Providers & Compliance
- Cyber security Framework in Banks
- Cyber forensics and law of evidence
- E-discovery and the law
- Blocking and interception
- Recovering money from online banking frauds
- Handling fake profiles on social media and matrimonial sites
- RBI Ombudsman for digital payments
- Consumer Complaints and Litigation with Respect to ATM and Banking Frauds and Bank's Liability
- RBI circular limiting liability of customers in unauthorized electronic banking transactions
Affidavit for submission of electronic evidence
Model E-discovery order
Sample document retention policy
E-discovery sample forms and pleadings
MODULE: ONLINE REPUTATION MANAGEMENT
- Reputational risks and legal strategy:
- Online criticisms and defamation by customers
- Managing social media usage by employees and ex-employees
- Leakage of confidential information
- Industry perceptions and scandals
- Intellectual property issues
- Dealing with social media platforms
- Organization and Legal strategy and processes for handling reputational crisis
Social Media Policy
- Media Communications Policy
MODULE: ELECTRONIC CONTRACTS AND DIGITAL SIGNATURE
- Electronic contract and its validity in India
- Execution and form of e-contracts
- Which contracts cannot be electronically executed
- Stamp duty for electronic contracts
- Digital signature and its importance
- Legal aspects of digital signature
- Obtaining a digital signature
- Encryption Technology and law
- Key information technology related contracts
- Master Service Agreement
- Service Level Agreement
- Maintenance and Support Agreement
Sample Master Service Agreement
Sample Service Level Agreement
Sample Maintenance and Support Agreement
MODULE: OUTSOURCING AND LAW
- Legal mechanisms for outsourcing:
- Service agreements
- Joint venture
- Captive outsourcing
- Issues in an Outsourcing Agreements
- Common heads in an outsourcing agreement
- Intellectual property issues
- Service Levels, performance and personnel management
- Data security
- Remuneration related provisions
- Implementation and monitoring in outsourcing arrangements
- Termination and exit-related clauses
- Choice of law and dispute settlement
- Regulation of outsourcing of financial services by banks
- Regulation of outsourcing of financial services by NBFCs
- Industrial Disputes Act and employment issues in Information Technology industry
- Taxation of outsourced services
Sample Master Service Agreement and Statement of Work
Sample Outsourcing Agreement
Money back Guarantee:
If you take this course, follow it diligently for a month, do all the exercises but still do not find value in it, or not able to understand or follow it or not find it good for any reason, we will refund the entire course fee to you. It is a 100% money back guarantee with only one condition, you must pursue it properly for a month. If you don't find it valuable after that, get your entire money back.
Course Commencement Date: 15th July, 2019
Last date to Enroll for the Course: 14th July, 2019
Course Fee: INR 30,000 (if you pay in one single installment, pay just 28,000)
Duration of the Course: 1 year
Seats: 20 (Limited Seats)
Join now. The seats are filling fast. If you join now, you get access to the materials right away. You can start learning right now, and the exercises and live classes will start on the designated start date.
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