Digital Law Practice
The dedicated team of techno-legal experts at K&S Partners works with clients to ensure compliance with international and state regulations and provide adequacy assessments. The firm provides legal advice pertaining to cross-border data transfers, carry out data and security related due diligence. They also draft corporate privacy policies in compliance with territorial and extra-territorial laws, regulations, etc. The services also extends to actions against data theft and advice on legal strategies in relations to the matters of cyber security.
Focus Areas
Privacy & Data Protection
- GDPR and Privacy Laws - Data Lifecycle & Governance - Privacy Technologies
Assessments, Governance Risk and Compliance
- Risk Management - SOC 1/2/3 - HIPAA, PCI DSS, HiTrust - ISO Certifications & Readiness
ITGC Controls, ISMS & BCMS and CSF
- Third Party Audits - SOX Controls Testing - Cyber Strategy Framework - Business Resilience
Services Offered
Incident Preparedness
Design incident responses considering a variety of privacy regulatory regimes Arrange statements of work (SoW) with forensic providers, implement cybersecurity frameworks and industry standards
Incident Response
Partnership with forensic firms for conducting technical reviews of IT systems and vulnerability mitigation Serve as “stand-by” cybersecurity counsel
Data Governance
Conduct internal cybersecurity and digital governance legal assessments and due diligence on behalf of boards and senior executives Design and implement data governance systems for operational data use, including risk mitigation Deliver operational and board-level training on cybersecurity matters
Cyber Security Investigations & Litigation
Act on behalf of companies in litigation arising out of cybersecurity or data breach incidents Conduct internal investigations on behalf of board of directors with respect to corporate incidents and preparedness
Tabletop Training
Develop custom tabletop scenarios Conduct on-site incident scenario exercise working with stakeholders Team up with forensic firms to provide an added layer of complexity by engaging the IT department
Crisis Management & Data Breach Incident Response
Respond to complex multi-jurisdictional data breaches worldwide, including advanced persistent threats Assess legal obligations under various international regulations and contractual commitments Engage and manage forensic service providers and other service providers Liaise with regulators and law enforcement agencies
ICT Technology Transactions
Digital practice has the experience, creativity and industry knowledge to negotiate both domestic and international commercial transactions Helping clients navigate the complexities of commercial agreements involving ICT technology to efficiently and effectively close business transactions. Strategically structure and negotiate business relationships to help clients succeed and gain a competitive advantage with their products and services The team has ICT technology transactions background with a combination of sophisticated law practices and in-house experience working with global technology companies.
Business Area & Services
Training, Learning & Development
ISO & Other Standards Data Privacy (IAPP)
Consulting – Implementation
Privacy Management Program – Implementation – Related services Information Security Management Program – ISO, PCI-DSS, SOC etc and other security – Implementation Technical – Cyber Forensics
Consulting – Audit
Privacy Information Security Technical – Vulnerability Assessment/Penetration Testing Data Protection Impact Assessment Software Application Testing – information security & privacy Data Risk Assessment Audit
Regulatory Affairs
Cyber Security – Interface with Regulator (Cert-in) Telecom – Advisory on telecom network & deployment Advocacy between Government and companies Regulatory Support Preparing the blueprint for self- regulatory body
Digital Law Team
Sudeshna Banerjee
Partner | Practice Lead (Digital Law)
Ashish Chang Marbaniang
Partner
Ramya Rao
Partner
Memberships
Frequently Asked Questions
With the technological advancements and innovations in cyber world the global markets have benefitted the copyright or patent owners. However, every good innovation has its own pitfalls as violation of IPR has become one of the major concerns because of the growth of cyber technology. The IPR and Cyber law go hand in hand and cannot be kept in different compartments and the online content needs to be protected.
The ever-increasing and evolving cybercrimes are not confined to cyber-stalking, frauds, cyberbullying, phishing, or spamming but are also infringement of IPR- copyright, trademark, trade secrets of businesses carried online, audios, videos, service marks by illegal practices like hyperlinking, framing, meta-tagging, and many more.
Copyright Infringement: Copyright protection is given to the owner of any published artistic, literary, dramatic, or scientific work over his work to exclude everyone else from using that work on his own name and thereby gain profit from it.
The infringement of these copyrights includes the usage without the permission of the owner, making and distributing copies of software and unauthorized sale of the same, and illegitimate copying from websites or blogs.
Linking: Linking refers to directing a user of a website to another webpage by action of clicking on a text or image without leaving the current page. It poses a threat to rights and interests of the owner of the website and the owner can lose the income as it related to the number of users visiting the websites. It may lead users to believe that the two websites are linked and are under same domain and ownership.
Framing: Framing is another challenge and becomes a legal issue and debate subject over the interpretation of derivation and adaptation under Section 14 Copyrights Act, 1957. The framer only provides users the modus operandi to access copyrighted content which is retrieved from a website to browser the user is accessing so they cannot be held responsible for copying, communicating, or distributing the copyrighted content. The question arises whether getting the copyrighted content from a website and combining with some more to create one’s own will amount to adaptation or interpretation under law or not.