The Ministry of Electronics and Information Technology has released a draft of the proposed Information Technology Intermediaries Guidelines (Amendment) Rules, 2018, under section 79 of the Information Technology Act, 2000, for public consultation and feedback.
An intermediary, in the rules, is defined as an entity which, “…on behalf of another person receives, stores or transmits” a “record” or provides any related service. The definition can encompass entities such as internet service providers, telecom companies, cloud services providers to search engines, social media providers, messaging companies, and e-commerce and payment platforms.
Safe harbour protection
While the intermediaries may publish, transmit, store or aggregate information, they do not usually generate, review or select it – this is often impossible, given the sheer volumes of information involved, and that much of it is encrypted. Therefore, the intermediaries run the risk of being penalized for information that they merely transmit.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员。
Cyril Amarchand Mangaldas is India’s largest full-service law firm. Arun Prabhu is a partner at the firm.
Cyril Amarchand Mangaldas
Peninsula Chambers
Peninsula Corporate Park
Lower Parel, Mumbai – 400 013 India
New Delhi | Bengaluru | Hyderabad | Chennai | Ahmedabad
Contact details
Tel: +91 22 2496 4455
Fax: +91 22 2496 3666
Email: cam.mumbai@cyrilshroff.com