ABOUT US

Nextgen Legal Services comes with team of professionals which has 50+ years of experience in total for providing legal aid for Individual & Body Corporate and specialized in recent laws which is mandatory to follow for a body corporate. NGLS services include Cyber Laws, POSH, POCSO, Contracts, Corporate affairs, Insurance, Marine claims, Immovable & Movable Property laws, Labour, Consumer, Civil, and Criminal matters. We have represented various clients including Oriental Insurance, Domino Pizza, KFC, Ammis Biryanni, IFFICO TOKIO etc. . . .

Cyber & Privacy Law

Information technology Act 2008 brings in section 43A which states as below

Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining “Reasonable Security Practices” and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected.

Further Rules are defined by Department of Information Technology in 2011 for “Due Diligence” to be followed by body corporate where information is held:

  1. Rule 3 – Sensitive Personal Information.
  2. Rule 4 – Privacy Policy & Disclosure of information.
  3. Rule 5 – Collection of Information.
  4. Rule 6 – Disclosure of Information.
  5. Rule 7 – Transfer of Information.
  6. Rule 8 – Reasonable security practice and procedures.

The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 Makes it Mandatory for a Body Corporate to :

  • Chapter II – Constitution of Internal Complaints Committee
  • Section 4 – Constitution of Internal Complaints Committee
  1. Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee":

Chapter V - INQUIRY INTO COMPLAINT

  1. Section 12 - Action during pendency of inquiry
  2. Section 13 - Inquiry report
  3. Section 14 - Punishment for false or malicious complaint and false evidence
  4. Section 15 - Determination of compensation

Section 26 - Penalty for noncompliance with provisions of Act

1. Where the employer fails to

  1. Constitute an Internal Committee under sub-section (1) of section 4;
  2. Take action under sections 13, 14 and 22; and
  3. Contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees.

2. If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to:

  1. Twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence:
  2. Cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.

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