Data Protection Laws of India

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In the recent years India has emerged as one of the preferred destinations for offshore business outsourcing. Financial services, educational services, legal services, banking services, healthcare services, marketing services and telecommunication services . The factors that have turned India into one of the hotspots for offshore outsourcing are the educated and unemployed masses, enterprising nature of Indians who have excellent spoken English skills and relatively cheap labour.

In June 2005, one BPO was in the eye of the storm when one of its employees sold personal data belonging to a large number of British nationals to an undercover reporter from the British tabloid ‘The Sun’. The incident sparked off a debate among the offshore industry circles, media and the legal world as to how safe foreign data is in Indian hands. The discussions were also veered towards the need for some kind of protection for personal data in India which is absent currently.

Data Protection Issues have time and again raised concern in the authorities about the cyber extortion, privacy, confidentiality, data protection and national security. With the increasing penetration in the online usage of more and more people towards internet, e-banking, e-shopping etc. the concerns of data protection and related issues are growing day by day.

Privacy is closely connected to Data Protection. An individual’s data like his name address, telephone numbers, profession, family, choices, etc. are often available at various places like schools, colleges, banks, directories, surveys and on various web sites.

Passing on such information to interested parties can lead to intrusion in privacy like incessant marketing calls.

It would be a misnomer to say that India does not have ‘data protection’ legislation at all.

This is factually wrong. The fact is that there exists data protection legislation in India.

The subject matter of data protection and privacy has been dealt within the Information

Technology Act, 2000 but not in an exclusive manner.

Data protection is not a subject in any of the three lists in Schedule VII of the

Constitution of India. But Entry 97 of List 1 states: “any other matter not enumerated in

List II and List III …….” Thus only the Indian Parliament is competent to legislate on

data protection since it can be interpreted as any other matter not enumerated in List II

and List III.

Data protection is, thus, a Central subject and only the Central Government is competent

to frame legislations on issues dealing with data protection. In fact, the Information

Technology Act, 2000,and the Indian Copyright Act, 1957 , enacted by the Indian Parliament are the main legislations in this field, which contains provisions on data protection. There is also a proposed Personal Data Protection Bill, 2006, which deals with the protection of personal data.

THE INFORMATION TECHNOLOGY ACT, 2000

The Indian Parliament enacted an Act called the Information Technology Act, 2000. It

received the assent of the President on the 9th June, 2000 and is effective from 17th October, 2000. This Act is based on the Resolution A/RES/51/162 …

Finding the Right Expert Witness

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Going to court is never easy. That is why you need to do everything you can to be prepared for a battle in court. One of the best ways that you can do this is to hire an expert witness. This is a person who is recognized by a court of law to have an expert amount of knowledge in a particular field. This person is paid for his or her testimony. There is no question that the testimony that you get from an expert witness can help to sway a jury into siding with you. Here is how you should go about finding an expert witness to help you in your particular case.

1. Hire an expert witness who has been giving testimony in court for many years.

You need to be sure that the person you hire is a seasoned veteran when it comes to testifying in court. Being an expert is one thing. However, some people can get very nervous and flustered if they are not used to speaking in front of large groups of people where they are the center of attention. You need your expert witness to be as convincing as possible in order to sway the opinion of the jury. Therefore, it would be wise to hire a person who has been providing expert witness services for many years.

2. Talk to people who have hired expert witnesses in the past.

It would be in your best interest to reach out to people who have experience dealing with expert witnesses. Talk to them about their particular case. Are they happy with the testimony that was provided by the expert witness? Did he do a good job in court? You should get the names of the expert witnesses who are recommended to you. Find out if their areas of expertise are what you need for your case.

3. Compare the fees that are charged by expert witnesses.

You might not need to pay the same amount of money. Therefore, you have nothing to lose and everything to gain by contacting many expert witnesses and finding out what they charge.…

Attention To People Who Are Disgraced By Legal Problems

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For anyone who has violated the law in Florida, it’s important to get legal representation as soon as possible in order to ensure that your rights are protected. Though a layperson might try to reason their way through a court case through a common sense approach, the fact is that the laws pertaining to certain criminal violations and civil actions are incredibly complex, and it’s crucial to have representation by a seasoned attorney who is well versed in the law, in order to obtain the best possible outcome.

Criminal Versus Civil Law Cases

outcome of a case. One of the biggest factors in court cases is whether a case is criminal (as in a case of petit theft florida) or civil (as in a wrongful termination suit). In a criminal case, a person will have violated the law in such a way that they will be subject to criminal charges which may come with punishment through hefty fines, community service or time in lockup. Ideally, sound legal representation will minimize the punishment a client will have to endure for criminal charges, but it all depends on the fine points of a case.

In civil cases, the charges will be limited to fines or an agreement to settle a case through a financial agreement. All of this, again, depends on the details of the case at hand. A skilled legal negotiator will help to make a case run smoothly and get the best possible agreement for a client. Though jail time is not an issue in a civil case, financial penalties in certain cases can be hefty if the case is not dealt with skillfully.

All of this is why it’s so important to have a seasoned attorney handling every aspect of your case. So, if you are dealing with an issue that requires legal attention, call in experienced help today.…

Those Times When You Need A Criminal Lawyer

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Even if you mind your own business and try to be a good person, there are going to be times in life when you need a criminal attorney. The problem for many people is that they wait too long to bring an attorney into a situation and the situation has gotten nearly out of control. The moment you realize there is trouble is when you go to criminal attorney websites and click here to set up your initial consultation.

Fight You Witnessed

You were out with some friends one night at a club and fight broke out only feet from where you were standing. You did not get involved, but there were witnesses in the club who tagged you as someone who saw the whole thing. You don’t want to get involved, but you will have to get involved. In any situation like this where you were an unwilling witness to a crime, you should always get an experienced criminal attorney on your side immediately.

Arrested For DWI

Most of the penalties involved with DWI arrests are automatic and difficult to fight. But you should still hire a criminal attorney to make sure that your rights are preserved. There are many classifications and levels of punishment involved with DWI arrests and you want to be sure that you are put through the right process and not given punishment you do not deserve.

Mistaken Identity

Plenty of innocent people get wrapped up in situations they were not a part of because of mistaken identity. If a witness to a crime or a police officer on the scene mistakenly identifies you as a perpetrator, then you will want to hire a criminal attorney fast to set the record straight.

Most people go through life hoping they can have fun, establish a good career and never have to hire a lawyer. But if you get involved in a situation that could bring criminal charges, even if you had nothing to do with what happened, then you should hire a lawyer quick to preserve your rights.…

Plan something when facing a divorce relationship

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The end of any relationship can be a distressing time, but when you’re married, there could be serious legal and financial implications for your life. Such a decision requires both thinking and planning to ensure a positive experience and life in the future even if you decide to divorce. Consider these pre-filing suggestions so you’re ready to begin the process.

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Seek Therapy

Even if you’ve already tried to suggest counseling or therapy to your spouse and been refused, before filing for divorce it could still be beneficial to have individual counseling. A qualified therapist or counselor can give you the emotional and mental tools to cope well during this period.

For starters, they can help you determine whether ending the marriage is your ultimate goal or whether you’d prefer to just work through existing issues. If you’re definitely going to file, they can give recommendations about how to interact with your spouse during this time. They may also assist you with underlying personal issues that could have contributed to the problems in the relationship. That way, you can start mentally preparing for the future and any future relationships.

Plan Finances

While a divorce decree may not have yet been granted to you, you should not wait and be surprised about how the divorce will affect your wallet. Whether seeking alimony or child support or thinking about paying those, you should begin considering how you’ll be able to maintain a similar lifestyle once the divorce is final.

Look Beyond Divorce

You may be apprehensive about the divorce and very worried about the entire process. What may help is to start planning for a happy future once things have been resolved. Plan for that overseas trip you never took with your spouse. Consider spending every weekend on the beach or start looking for jobs in a new city. By being excited for your future, you’ll better handle divorce proceedings.

With these suggestions, divorcing can be handled in a manner that allows you to keep your head up. It’s also advisable to do a consultation with a family attorney in Lake County IL to help you explore all options open to you.

 …

The Importance of low-income couples support during the divorce process

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Spousal support is typically awarded to the lower-earning spouse during a divorce proceeding. It is meant to help with living expenses. Since it is not available in all cases, you may want to speak with an alimony attorney Pasco County to see it you are eligible.

Why Alimony is Awarded

The reason you may receive alimony is if your income is lower than your soon-to-be ex-spouse. It could be that you made many sacrifices in your own career so your spouse could build theirs. Knowing that you did it to benefit the entire family made it worth the sacrifice. However, you did not factor in getting divorced.

Being awarded alimony can prevent you from facing unfair economic benefits once your higher-earning spouse leaves the marriage. A judge may decide that you can receive alimony while you finish school or develop job skills that enables you to support yourself.

What a Family Court Judge Considers

There are several factors taken into consideration to determine whether you are awarded alimony based on state laws. A family court judge may consider how long you were married, especially if you were married for a long time.

The judge may look at your and your spouse’s health. Age is another factor, especially if there are health concerns.

You may also receive it so you can maintain the same standard of living you had during the marriage. The judge considers whether it is possible for you to maintain this standard without receiving financial support from your ex-spouse.

Getting Help Before the Final Decree

Although it is not required, the judge could order your spouse to begin making alimony payments during the divorce process. Payments may continue temporary or permanently based on your circumstances.

Once you have a final divorce decree, changes to alimony are made only if your circumstances or your spouse’s circumstances change. Therefore, it is in your best interest to make sure discussion of payments starts at the beginning. You usually cannot get a new alimony agreement once your divorce is final if no agreement ever existed.

An attorney can help you through the process and explain how this can work in your favor.…

The Benefits of Estate Planning in Vancouver

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There are certain subjects that can be challenging for people to talk about or to think about. Top among the topics that people would consider to be taboo are money and death. This is one of the reasons why people find it difficult to discuss estate planning. People do not want to talk with anyone about the amount of money they have, and they may find it a challenge to think about a time when the things that they currently own will be passed on to someone else.

Failing to discuss personal finance with an estate attorney Vancouver WA, does not change the fact that circumstances which require your estate to be distributed among your heirs or family members will eventually arise. The only thing that happens when people do not discuss their financial situation and they do not prepare their estate is that when the inevitable does happen, their family members are left struggling. Their family members are left wondering how to distribute the estate.

In certain instances, the government may actually step in and serve as an arbitrary party. Of course, the government does not do this work free of charge, and the end result could be that children, a spouse, and other family members lose a portion of the estate they otherwise would have received because their now deceased family member did not take the time to do the proper planning when they were alive.

When people take the time to plan how their estate will be administered, if they become seriously ill or in the unfortunate event of their death, they are making positive decisions that are going to have a positive impact on the long-term well-being of their family.

It’s understandable that people feel uncomfortable talking about money. It’s understandable that people do not want to think about a time when they may not be around. However, it is a sign of love and a sign of care on the part of the individual with the estate to confront these things that might make them feel uncomfortable temporarily, thinking about the long-term benefit for the loved ones they leave behind.…

How To Maintain Office Moral

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When you have grueling office work to do, it can seem almost impossible to get through the day. When you work in an office, especially if you have the kind of work that seems like it never ends, and has no actual substance to you, you may find that you may need a bit of a break, or change of pace. This can have a ton of positive effects, not only on your life, but also on the work that you’re doing for your job. Studies have shown that workers that work in a better environment, work well with the peers, and take time for themselves generally do better work and more work. Having a good environment where you feel less stressed can really make it where people feel more comfortable to ask questions and make the environment far more livable.

The first way that you should go about making your time at work better, and even at home and other places in your life is to change your attitude. Although this suggestion may seem like a small one at first, it can actually make a big difference for you and your peers. Although this low cost way can completely change your work life, it’s actually a really great way to make people feel better and to lessen work stress. Make friends at work and crack jokes, while making the atmosphere light, even when it seems like you’re burdened under a ton of stress. Not only will this help you bond with your coworkers, but you’ll feel a lot better about going to work each and everyday when you have people in the experience with you.

Another great idea for reducing work stress is to hang out with coworkers after work. You  may not want to press any boundaries, but inviting the office to a dinner party is a fantastic way to make new friends and get to know the people you work with. It’s also a great way to make your work better. When you feel more comfortable with your coworkers, you, and them, are far more likely to give each other information that may help you do your job better, which is great for the whole office. Bad at cooking? Never fear. You can still make a home cooked meal for your co workers, which signals that you care and that you want to make an impression, without putting too much of a strain on your life. Check out Hello Fresh and grab a family meal to be delivered to your door for just such an occasion. This is great for busy bodies that love great food.

You should also take time for yourself when it comes to reducing work stress and pressures, and talk it out with the people you work with. Take a vacation, and actually relax, leaving the phone away from you when it comes to work. You should think about relaxing as self-medication almost so that you work harder and do better in …

When Should you Hire a Personal Injury Lawyer in Dallas?

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When to hire a personal injury lawyer is a question, most people ask. After being involved in an accident such as motorcycle wreck, car accident, slip or fall and you get wounded, you may be confused if you should hire a lawyer or not. Answers to the questions should inform the decision you make. After thinking through each issue, you will come up with a better idea of whether you will hire a lawyer or not.

How serious is the injury?

You might not require an attorney if your injury is minor. With minor damage, you may have time to work with the insurance and legal claims on your own. It is best if you seek for assistance from an injury attorney if the injury is severe. You might need medical attention hence you will not have the time to follow up with the insurance and the legal act. Injuries that necessitate hospitalization, physical therapy, rehabilitation, orthopedics, cosmetic surgery, Chiropractic work or surgery, should be considered as severe injuries.

Who caused the injury?

 

Some people believe that someone else caused their injuries. With such thoughts, it is best for you to consult a personal injury attorney. For you to prove that the fault was not on your side, you need to apply some standards to the evidence. You need to hire a skilled car wreck lawyer Dallas to represent you. The lawyer will help you gather enough evidence to help you win the case.

 

Is any insurance firm representative contacting you?

Most cover firms hire adjusters and claim representatives with the aim of reducing their losses. They attain this by reducing the amount the firm pays out to people with injury claims. In any case, a cover representative will contact you asking about your medical records, recorded statements, releases and any other information; you should inform them that you are hiring an attorney. Most insurance adjusters’ aims at influencing someone make comments, which are harmful to the claim. It is advisable if you do not sign any release without your attorney’s review.

Releases asked by the insurance companies are authorizations for them to access your medical history. They do this with the aim of blaming your pre-existing accident. If they succeed in this, then your claims might be substantially reduced.

Is the firm trying to get away with the payment?

 

Insurance firms sometimes use dirty tactics so that they cannot pay the claims of an injured person. The tactics may include, refusing to compensate you even if the liability does not involve a dispute, compensating you with low offers even with severe injuries, or delaying in processing your claims.

A personal injury lawyer understands all these dirty tactics from the insurance companies. In any case, your insurance company tries to play the dirty tactics on you; it is possible for them to be liable to you with the help of an attorney.

It is essential to hire an attorney anytime are involved in an accident. You will …

Puma received the Best Corporate Social Responsibility Award

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On December 1,2010,the prestigious “Peace and Sports Awards” organizing committee awarded PUMA “the Best Corporate Social Responsibility Award” in recognition of the PUMA.Peace project’s contribution to the world peace. As one part of the fourth annual “Peace and Sport” international forum,”Peace and Sports Awards” ceremony was held in Monaco on December 1st.

Prince Albert II of Monaco and Mr. Joel Bouzou, the “Peace and Sport” founder and chairman praised that sport promotes regional communication and information exchange. More than 500 guests from political, sports, private sector and civil society attended this event. The General Assembly conferred six awards to praise the individuals and groups who have made outstanding contributions to the social stability in past years.

PUMA’s CEO and chairman Jochen Zeitz who received this award said:”PUMA.Peace advocates to create a more peaceful world through a series of projects. Each of us can bring about change for the world , whether by individuals, businesses or strategic partnership approach. In addition, PUMA’s unique positioning makes every people work hard for one dream that creating a better world for future generations. PUMA.Peace project convinces that sports as a common language around the world, has set up regional communication, information exchange and friendship between different regions. It’s PUMA’s great honor to receive this award, and the best admission to our effort.”

PUMA.Vision is a wonderful wish that we are eager to create for our future generations a better world—one is more safe, peaceful and creative than that now by combining all Puma’s sustainable plans and projects. When we do one thing, we will ask ourselves whether it be fair, honest, positive and persists in innovation. It is with these four keys that we make sure that we always abide by the PUMA.Vision. In order to make our dream come true, we put the there projects –PUMA.Safe(focusing on environmental and social issues), PUMA.Peace(focusing on global peace) and PUMA.Creative(focusing on supporting artists and creative organizations) into practice. PUMA.Peace advocates to establish a long-term strategic partnership with other enterprises to raise global awareness of these projects, and gradually to implement the plan in practice. Besides, PUMA.Peace also initiates and encourages individuals around the world to achieve the goal of peace by sports.

PUMA has always devoted to spread the influence of the United Nation’s International Day of Peace on September 21 each year. It initiates a global ceasefire and non-violence and promotes the theme “Peace One Day”. In 2008, PUMA.Peace held international football matches all over the world with the topic “One Day One Goal” to celebrate the UN International Day of Peace. By 2010, more than 3000 matches were held during the annual United Nations International Day of Peace in each UN member’s state, and many participating countries had ever had conflicts.

As an enterprise, PUMA also has set an example for “Peace One Day”. The most noteworthy thing is PUMA and his competitor Adidas eliminate estrangement. After nearly 60-year estrangement, PUMA and Adidas became reconciled in 2009, which corresponded with his advocacy “Peace One …

EMERGENCE OF IT & ITES- EFFECTS ON THE LABOUR LAWS

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EMERGENCE OF IT & ITES- EFFECTS ON THE LABOUR LAWS

           

   India is a country having diverse religions and cultures. It becomes necessary to harmonize industrial relations in the country with respect to such diversity. India’s trade performance during 2003–04 was influenced by a number of factors which include productivity changes in the manufacturing sector, recovery of global economy and world trade, continued trade promotion and trade facilitation efforts of the government, and an appreciating Indian Rupee against the US dollar. Hence India has a wide variety of labour laws which are essential for the smooth functioning of industrial relations in the country. In today’s developing world IT has played an important role to formulate it into a new height. IT plays a role like a magnet, at one pole it is positively charged and the other is negatively charged. As such its magnetic field helps some aspects of life and affects some aspects of life. One of the most critical needs of the burgeoning Indian software industry and other outsourcing service providers is to have the flexibility and the independence to hire the most worthy of the manpower and fire the unproductive employees. There is also a growing need to draw a fine balance between the hire and fire policy of the employer and the rights of the workmen. This article proposes to discuss the Indian retrenchment laws, right of compensation of employees and applicability of these laws to Indian Information Technology (the “IT”) industry

MEANING-

Information Technology (IT) in a broad sense connotes that technology which is connected with information. More particularly it connotes that technology which has taken shape during the last five decades or so involving electronics.  THE Indian IT industry is among the country’s fastest growing sectors. India has been able to establish itself as a competitive and quality destination for outsourcing IT & IT enabled services.

The Information Technology Enabled Services (ITES) sector is spreading in India fast, and over five lakh workers and technicians are employed in it. We welcome the development of this sector as it is providing gainful employment to educated persons in India. Several centres in India have developed a large number of call centres and consultancy offices, which are earning enormous profits. Their number is likely to swell very fast in the near future. Accordingly to uphold the network of information technology in India IT Act came into force in 2000.

The use of such technology for the storage, retrieval and dissemination of information has given rise to several legal, social and ethical problems.

EFFECTS ON LABOUR LAWS-

         The direct affect of in formalisation has been deterioration in respect for labour rights. The provisions of large number of labour laws remain non-enforced. The adherence to the core labour standards remains good in paper only. The desire to get more FDI and pressure from the MNCs has caused the government to overlook violations. The ID Act which is applicable to all industrial and commercial establishments defines employee/workmen and both skilled and …