Cyber law governs legal issues arising from the use of computers, digital systems, networks, and electronic data. With increasing reliance on technology, legal questions relating to data protection, cybercrime, and digital compliance have become central to regulatory and legal discourse in India.
This page provides general legal information relating to cyber law and data protection under Indian law.
Overview of Cyber Law in India
Cyber law in India primarily addresses legal rights, obligations, and liabilities connected with digital activities. It covers matters such as unauthorised access, data misuse, online fraud, electronic records, and compliance obligations imposed on entities handling personal data.
Legal interpretation in this area often involves understanding both statutory provisions and the technical context in which digital incidents occur.
Data Protection & Privacy Framework
India’s data protection regime is governed by statutory enactments and regulatory principles aimed at safeguarding personal data and informational privacy.
The Digital Personal Data Protection Act, 2023 (DPDP Act) establishes obligations for entities handling personal data, including requirements relating to consent, purpose limitation, data security, and accountability.
Legal issues in data protection commonly arise in relation to:
- Collection and processing of personal data
- Consent management and lawful processing
- Data breach obligations and reporting
- Rights of data principals
- Compliance and regulatory oversight
Cybercrime & Digital Offences
Cyber law also addresses offences committed using digital systems, including unauthorised access, data theft, identity misuse, and online fraud. Such matters are examined under applicable provisions of cyber and criminal law.
Legal analysis in cybercrime matters often involves examination of electronic evidence, statutory compliance, and procedural safeguards.
Scope of Legal Matters
Legal matters relating to cyber law and data protection generally involve:
- Interpretation of cyber and data protection statutes
- Legal advisory on digital compliance obligations
- Drafting and review of data protection documentation
- Advisory relating to cyber incidents and data breaches
- Legal aspects of electronic records and evidence
Applicable Laws
- Information Technology Act, 2000
- Digital Personal Data Protection Act, 2023
- Bhartiya Nyaya Sanhita, 2023 (where applicable)
- Rules, regulations, and judicial precedents relating to cyber and data protection law
Frequently Asked Questions (FAQs)
What is the Digital Personal Data Protection Act, 2023?
The DPDP Act, 2023, is India’s primary data protection law, regulating the processing of digital personal data and establishing rights and obligations for data principals and data fiduciaries.
What constitutes a data breach under Indian law?
A data breach generally refers to unauthorised access, disclosure, or loss of personal data, triggering legal and regulatory considerations under applicable laws.
Are electronic records legally recognised in India?
Yes. Electronic records and digital signatures are legally recognised under the Information Technology Act, 2000, subject to statutory requirements.
How are cyber offences addressed legally?
Cyber offences are examined under the IT Act, 2000 and relevant provisions of criminal law, depending on the nature of the offence.