e-Commerce and Information Technology Law

India is a serious hub for Information Technology. Our practice in concurrence with our US practice globally gives us an edge. This is a highly specialized area and all encompassing because it ranges from advising clients on the provisions of various information technology and data protection laws available globally, privacy associated IPR protection to areas of law relating to e-commerce. This area of practice complements our other practice areas.

Our primary focus includes the following:

• All legal and regulatory issues specific to the verticals of the IT company based on its core activities;
• Reviewing internet risk management policies;
• Advising on data protection, web mail policies, use and protection of customers' data by effective deployment of water tight agreements and disclaimers;
• Drafting employee privacy policies to ensure that the company is not held liable for any breach by the employee with respect to such confidential data;
• Drafting and vetting web-hosting agreements, service agreements, online trading agreements, user/subscriber agreements, technology transfer, content license agreements, distribution agreements, franchise agreements, sub contractor agreements and other similar documents;
• Establishing STPI units under the scheme;
• Establishing units at 100% Export Oriented Units in Export Processing Zones;
• Structuring investments in India;
• Liaising and assisting in consideration of the legal and tax regimes in jurisdictions like Mauritius, Cyprus, Cayman Islands;
• Advising our clients on an entity structuring for funds set up outside India such as pass-through trusts, limited liability partnerships, limited liability companies and protected cell companies;
• Permanent Establishment Issues relating to the presence of the Company in India;
• Drafting of the fund documents for our clients, including the charter documents for the fund entity, the private placement memorandum, the investment management agreement etc;
• SEBI, RBI and FIPB requirements in certain transactions;
• Guiding clients on the various laws and regulations relating to outsourcing BPO in India;
• Issues arising out of the context of the Information Technology Act, 2000.

For more information, please contact us at info@chugh.com