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ARTICLE · 06 MAY 2020

Cybersecurity 2019

BTG Advaya
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Cybersecurity covers common issues in cybersecurity laws and regulations, including criminal activity, applicable laws, specific sectors, corporate governance, litigation, insurance, employees, and investigatory and police powers.

IndiaTechnology
Prashant Mara
Prashant Mara
Devina Deshpande
Devina Deshpande
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1 CRIMINAL ACTIVITY

1.1 Would any of the following activities constitute a criminal offence in your jurisdiction? If so, please provide details of the offence, the maximum penalties available, and any examples of prosecutions in your jurisdiction:

Hacking (i.e. unauthorised access)

The following acts constitute offences when conducted fraudulently or dishonestly and without the permission of the owner/person in charge of the computer:

  1. accessing/securing unauthorised access to a computer resource (which includes computers, communication devices, computer networks, data, computer databases or software, etc.); and
  2. providing assistance to any person to facilitate such unauthorised access (Sec. 43(a) and (b) Information Technology Act, 2000 ("ITA")).

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