Acts
ACTS

Consumer Protection Act

The Consumer Protection Act (CPA) is a legal framework designed to protect the rights and interests of consumers in various transactions and interactions with businesses. It sets out guidelines and regulations that businesses must adhere to when dealing with consumers to ensure fair and transparent practices.

Consumer protection acts typically outline the fundamental rights of consumers, including the right to safety, right to be informed, right to choose, right to be heard, right to redress, and right to consumer education. These rights serve as a foundation for protecting consumers from unfair or deceptive practices such as false advertising, misleading information, deceptive pricing, bait-and-switch tactics, and other forms of fraud. The CPA Act aims to ensure that businesses provide accurate and honest information to consumers.

The CPA often addresses consumer contracts to ensure they are fair and reasonable. It may include regulations on contract terms, disclosure requirements, and protection against unfair contract clauses that are heavily skewed in favor of businesses.
The government plans to establish the Central Consumer Protection Authority (CCPA) in order to safeguard and uphold consumer rights. The CCPA will oversee issues pertaining to unfair trade practices, misleading advertisements, and the infringement of consumer rights. The authority will also have an investigative department, led by a Director-General, which will be responsible for conducting inquiries and investigations into such violations.

The primary aim of the act is to protect the rights of consumers in all their best interests, both at the National & State level.

How to File a Complaint as a Consumer?

  • The complaint should be lodged within a period of two years from the date of acquisition of the product or service.
  • The consumer is expected to provide specific information regarding the issue in their complaint. This may entail requesting a product exchange or replacement, or seeking compensation for emotional or physical distress. It is important to note that the statement must be rational in nature.
  • It is imperative to retain all receipts and bills to the letter of complaint.
  • It is imperative to forward a written grievance to the consumer forum through email, registered post, fax, or hand delivery. It is crucial to obtain an acknowledgement and one must not overlook its significance.
  • The complaint may be expressed in any language of one's choice
  • Hiring of a lawyer is not required.
  • All the documents either sent or received should be properly documented.

IT Act 2000

The IT Act 2000, also known as the Information Technology Act 2000, is an important legislation in India that was enacted to provide a legal framework for electronic governance and regulate electronic commerce. The act was introduced to facilitate e-commerce, e-governance, and secure electronic transactions, as well as to address issues related to the misuse of electronic communication systems and data.

Here are some key provisions and aspects of the IT Act 2000:

  • Digital Signatures: The act recognizes digital signatures as legally valid and equivalent to physical signatures. It provides guidelines for the use and authentication of digital signatures, making them legally binding for various online transactions.
  • Electronic Governance: The act aims to promote electronic governance by providing legal recognition to electronic records and digital documents. It establishes a legal framework for the use of electronic records by government agencies and allows electronic filing of documents.
  • Cyber Crimes and Offenses: The act addresses various cybercrimes and offenses, including unauthorized access to computer systems, hacking, identity theft, data theft, and computer-related fraud. It prescribes penalties and punishments for these offenses.
  • Data Protection and Privacy: The act includes provisions for the protection of personal information and data privacy. It imposes certain obligations on organizations and entities collecting and handling personal data, requiring them to implement reasonable security practices to protect such data.
  • Intermediary Liability: The act outlines provisions regarding the liability of intermediaries, such as internet service providers (ISPs) and social media platforms, for content shared or transmitted through their platforms. It provides a safe harbor for intermediaries if they comply with due diligence requirements.
  • Cyber Appellate Tribunal: The act established the Cyber Appellate Tribunal (CAT) to hear appeals against orders issued by the Controller of Certifying Authorities, as well as adjudicate matters related to cybercrimes and offenses.
  • Offenses and Penalties: The act defines various offenses related to cybercrimes and prescribes penalties and imprisonment terms for these offenses. It also includes provisions for compensation to victims of cybercrimes.

It's worth noting that the IT Act 2000 has undergone subsequent amendments to address emerging challenges and developments in the digital landscape. The act was amended in 2008 to introduce stricter provisions for cybercrimes, including provisions for data breach notifications and increased penalties for certain offenses.

In the year 2000, the Indian Parliament passed the Information Technology Act, which serves as the fundamental legislation in India pertaining to issues concerning cybercrime and e-commerce.

  • The legislation was implemented to provide lawful approval for digital commerce and transactions, facilitate electronic governance, and deter cybercrime.
  • Foreign nationals may be subject to charges under this legislation for any offense related to a computer or network situated in India.
  • Penalties for different types of cybercrimes and digital/electronic fraud are mandated by the law.
  • Furthermore, it gives lawful acknowledgement to electronic signatures.
  • The Information Technology Act has also brought about changes to specific clauses of the Indian Penal Code (IPC), the Banker's Book Evidence Act of 1891, the Indian Evidence Act of 1872, and the Reserve Bank of India Act of 1934, in order to align them with contemporary digital technologies.

Information Technology Intermediary Guidelines 2018 (Amendments)
Information Technology Intermediary Guidelines (Amendment) Rules were first released in 2011 and in 2018, the government made certain changes to those rules.
Section 79 of the Information Technology Act pertains to intermediary liability and the Rules have been formulated in accordance with this provision.

  • As per the provisions of Section 79(2)(c) of the Act, intermediaries are obligated to exercise care in performing their duties, and are also required to comply with any additional directives issued by the Central Government.