Indian Legal Technocrats get together at The 4th Annual IT Legal Summit 2016

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Indian Legal Technocrats get together at The 4th Annual IT Legal Summit 2016

Lex Witness Bureau | July 2016

Lex Witness – India’s 1st Magazine on Legal & Corporate Affairs successfully completed its 4th Annual Edition of The Information Technology Legal Summit 2016 on 17th June at Courtyard by Marriott, Bengaluru. With Over 100 delegates as attendees, over 25 speakers as industry veterans from IT ITES Fraternity brainstorming on legal complexities related to Data Protection, IPR, Cloud Computing, Contracts, E Commerce etc , the summit proved out to be a commendable knowledge-base for the industry.

SPECIAL ADDRESS BY INDERPREET SAWHNEY, SR. VP & GENERAL COUNSEL, WIPRO – SUMMIT CHAIR – ITLS 2016

DATA PROTECTION – OLD WINE IN A NEW BOTTLE?

Regulation and Monitoring of Data Content – Current systems by intermediaries
Data Ownership – Regulatory Check, Sensitive Data – security concerns, Privileged company information
Data Breaches – Domestic as well as multi jurisdiction complexes, sensitives in litigation
BYOD – An ideal BYOD business policy, Ownership and Security Issues, Data Classification and Access
Data Caps – Liabilities wrt Data Breaches, Defining & Managing Risks Involved, Vendors vs. Clients
Obligations & Processing Requirements – Piracy Policy, Use, Retention & Withdrawal, Transfer, Disclosure, Transfer, Defining Personal Data & Rights of Individuals, Security Requirements
Employee Data Protection – Obligations of an Employer under the Rules, Compliance relating to SPDI and when is Employee Consent Required? Privacy Laws, Handling attrition data leaks
Cyber Crime Classics – Case Study – NY Federal Reserve & Central Bank, Bangladesh – $100 Million
The Encryption Wars – Privacy Vs Security. Case Studies – Apple’s Battle with FBI ~ WhatsApp’s Encryption
The GRC Mandate – A comprehensive check list of all the relevant compliances

Inderpreet Sawhney, Sr. Vice President & General Counsel, Wipro – MODERATOR
G.V. Anand Bhushan, AVP – General Counsel – Asia Pacific, Cognizant Technology Solutions
B. Sai Chandravadhan, Managing Director, Sand Legal Services
Naresh Arora, Vice President and Head – Legal & Regulatory, ATC Telecom Infrastructure
Salman Waris, Partner – TMT & IP Practice, TechLegis
Shyaam Nagarajan, Practice Counsel | Head of Contracts (North America)
Sumit Ghoshal, Senior Associate, AZB & Partners

THE INDIAN E COMMERCE SAGA – NOT JUST A CLICK AWAY!

FDI – Recent DIPP Guidelines wrt state of- art & cutting-edge technology areas, 25% cap for marketplace models, A new war in the coming – foreign players vs. domestic, Fire-fighting in inventory based models
Intermediary Liabilities – Liability or Immunity? Exemption from liability – copyright & patent laws, Section 79 IT Act 2000, Third Party Violations, Grievance Redressal Mechanisms, Contributory Infringement, Take down Notices – Reality Check, Contradiction -IT Act 2000 & prevailing Competition Laws
Predatory Pricing – Finally a level playing field with offline pricing or still scope for side tracks?
Taxation – Direct & Indirect Taxes, Characterization of Income, PEs in ECommerce, Transfer Pricing Framework, Recent CBDT Recommendation – 6-8% tax on 13 B2B online activities as an ecommerce levy
Gaming & Apps – Techno legal aspects, mobile payment compliances, payment gateway & POS terminal service due diligence, website compliances, Internet intermediary obligations, cyber law due diligence etc.
Third Party App Issues – Copyright, Privacy, Content Regulation, Wallets, Cashless transactions, Payment Gateways – Legal & Regulatory – Global Perspectives
The GRC Mandate – A comprehensive check list of all the relevant compliances

Jyothi V.K, AVP & Head- Legal, Madura Fashion & Lifestyle, Aditya Birla Fashion and Retail – MODERATOR
Ashish Chandra, Senior Vice President – Group General Counsel & Head of Taxation, SnapDeal
Baminee Viswanat, Director Legal & CSIndia, Regional Ethics & Compliance Counsel – APAC, Lenovo India
Indranil Choudhury, Chief Executive Officer, Lexplosion Solutions
Rachit Bahl, Partner, AZB & Partners
Sheetal Kapur, VP & Head – Legal and Regulatory, PayU Payments

IPR – STILL A BIG TICKET IDEA?

Reason to Rejoice – DIPP as the nodal authority – dire need of the industry well heard?
Business Alliance – Aligning IP strategy with the product/service business strategy
Recent Computer Related Inventions Guidelines 2016 – Impact assessment, software patenting, trade secrecy, parallels to US/Europe, Alignment with The Patents Act 1970, The 3 Step Test
Global Sync – Current India IPR Regime vis a vis US IPR Benchmarks & Trends
IP Monetization – Growth driver for IT ITES sector, Importance of developing niche innovatives
Government Policies – Potential threat to IP? Suspension of patents due to certain government policies
Reverse Engineering – Non-literal copying, restrictions & leniencies, Checks & Balances – Interplay between Competition Laws & IPR Laws, Piracy & Counterfeiting Issues
The GRC Mandate – A comprehensive check list of all the relevant compliances

Subhadip Sarkar, Senior Director – IP, Cognizant Technology Solutions – MODERATOR
Faiz ur Rahman, Head- IP, Team Legal, Wipro
Lalit Ambastha, Founder & Patent Attorney, Patentwire Consultants
Manish Kumar, Corporate Quality – Audits, Assessments and Certifications,

CLOUD COMPUTING – WHOSE CLOUD IS IT ANYWAY?

The Cloud Tripod – Users, Intermediaries & Regulators – inter linkages. Cyber security concerns, standards of data protection, Government’s surveillance powers & privacy issues
Global Benchmarks – Legal frameworks in UK and Singapore, Suggestions & recommendations
Vendor Relation Issues – Governing Laws & Jurisdiction, Integration & Service Levels, Vendor Contracts
Taxation – Cross-border service models, income characterization & PE related issues ~ taxation aspects
Data Classification Technology – Global nature of cloud vs. Internet architecture at local levels
Cloud Forensics – Enabler of cloud adoption, Need for a specialized skill set
Digital Certificates – Guidelines by Indian Controller of Certifying Authorities (CCA) – analysis
Open Source Softwares – Copyright vs. Copyleft – OSS licenses, License Obligations, Proprietary Open Source, Reverse Engineering
Role of Cloud Computing in the Internet of Things
The GRC Mandate – A comprehensive check list of all the relevant compliances

Lakshika Joshi, General Counsel and Head of IP Licensing, Nucleus Software – MODERATOR
Jayashree Swaminathan, Director, Dhir & Dhir Associates
Kavitha Babu, Director & Commercial Attorney, Corporate, External & Legal Affairs, Microsoft India
Raghunath Ananthapur, Partner, Tatva Legal
Vasanthika Srinath, Vice President & General Counsel, The Minacs Group

E-CONTRACTS – IS A LITIGATION FREE CONTRACT POSSIBLE?

The Art of Contracting – Specific understanding of clauses, agreements for IT ITES Sector
Functional Contracts – Service Provider & Client, Technology Contracts, License & Sub License Contracts
Government Contracting – Sync with all applicable clauses
Vendor Contracts – Monitoring vendors’ contract compliance and intellectual property protection strategies
Cost of Litigation – Defining damages, liabilities, conflicts, drafting limitations of liability for data breaches
e-Contracts & e-Agreements – Registration & Validity, Are standard form online contracts unconscionable?
Multiple Jurisdictions – Applicable jurisdiction, handling multiple jurisdictional clauses
Employment Contracts – Terms, enforceability, status of restrictive covenants
Open Terms Contracts – Applicable usage, managing possible ambiguity, valid conclusion of terms
The GRC Mandate – A comprehensive check list of all the relevant compliances

Anubhav Kapoor, General Counsel and Company Secretary, Tata Technologies – MODERATOR
S Mahadevan, Executive Vice President – Legal Compliance & Risk Management, Hinduja Global Solutions
Sarang Bhanage, Assistant General Counsel, Tech Mahindra Limited
Sheetal Kapur, VP & Head – Legal and Regulatory, PayU Payments
Siva Gopinatham, Partner, Dhir & Dhir Associates

The day concluded with an exciting lucky draw, winners got Kindle as a Grand Prize of the day followed by Bluetooth & Desktop Speakers as runner ups… And the Winners are;

2nd Runner Up – Angshuman Paul, Vice President & Executive Director Software Services, First American (India)

1st Runner Up – Akshat Saxena, Deputy Manager, Deloitte Touche Tohmatsu India LLP

Grand Prize Winner – Barsha Paul, Legal Counsel, Lyra Infosystems

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