Understanding Cyber Rules in India: 2024 Regulations Guide

Posted on: May 6, 2024 | 3 mins | Written by: HDFC ERGO Team

Understanding Cyber Rules in India: 2024 Regulations Guide

Since the pandemic, India's digital infrastructure has grown significantly, which has increased demand for updated and improved cybersecurity regulations. Every week, numerous cybersecurity events worry people, businesses, and organisations in India.

The Indian government has started reassessing how it governs cybersecurity and criminality in response to the quickly evolving digital transformation, outdated cybersecurity legislation, and the absence of clear, comprehensive data protection laws. In 2024, new legislation was implemented to strengthen the country's cyber security framework. This article examines the key components, ramifications, and steps taken by India's 2024 cyber security regulations to encourage a more secure digital environment.

Understanding Cyber Security Regulations

Policies designed to prevent unauthorised access to, use of, disclosure of, interruption of, change of, and destruction of data and information systems are known as cybersecurity laws and regulations. These rules are intended to establish a minimal set of security guidelines and practices businesses need to follow to lower the risks associated with cyberattacks. Businesses need to be aware of cybersecurity laws to be compliant with and safeguard their digital assets by investing in cyber insurance.

Main Indian Cybersecurity Regulating Bodies

These are the primary regulatory authorities that make sure all Indian organisations follow laws and standards to enforce cybersecurity legislation.

1. Computer Emergency Response Team (CERT-In)

CERT-In, the official name for the Computer Emergency Response Team, was established in 2004 as the country's central point of contact for gathering, evaluating, predicting, and sharing non-critical cybersecurity occurrences.

The CERT-In cybersecurity directive assists in providing standards for Indian organisations that give the best information security practices for managing and preventing cybersecurity issues, in addition to reporting and notifying cybersecurity occurrences.

CERT-In is the main task force responsible for:

• Responds to cybersecurity incidents and data breaches;

• Coordinates appropriate incident response to cyberattacks and performs forensics for incident handling;

• Identifies, defines, and implements appropriate actions to mitigate cyber risks.

• Provide organisations with best practices for cyber incident management, as well as rules and precautions so they can react appropriately.

2. National Critical Information Infrastructure Protection Center (NCIIPC)

The Indian government launched the National Critical Information Infrastructure Protection Centre (NCIIPC) on January 16, 2014.

The NCIIPC is under the Prime Minister's Office (PMO) since it is considered a division of the National Technical Research Organisation (NTRO). Critical information infrastructure must be monitored for threats at the national level and reported to NCIIPC. Among the crucial industries are:

• Power and Energy

• Banking, financial services, and insurance

• Telecommunication and information

• Transportation

• Government

• Strategic and public enterprises

3. Cyber Regulations Appellate Tribunal (CRAT)

The Cyber Regulations Appellate Tribunal (CRAT) was established by the Central Government of India under Section 62 of the IT Act, 2000, with the primary responsibility for gathering information, receiving cyber evidence, and questioning witnesses.

Although CRAT does not have identical jurisdiction for cybersecurity notice as CERT-In, the government nonetheless responds to and acts upon pertinent cybersecurity events and breaches. The 1908 Code of Civil Procedure and Civil Court both state that CRAT has the authority to:

• Gather evidence through affidavits;

• Ensure that all digital and cyber records and evidence are brought before the court;

• Implement, call for, and issue periodical commissions to question witnesses, papers, and subjects under oath; and

• Evaluate the court's final rulings in cases and occurrences.

• Grant, deny or declare petitions made by defaulters ex parte.

Cybersecurity Laws

Numerous legal frameworks address the tracking, identification, avoidance, reduction, and handling of incidents, thus keeping up with cybersecurity trends. The following are the noteworthy ones:

1. The IT Act

The IT Act and its related Rules are the main legislation addressing the various facets of how to view concerns connected to electronic records and papers, digital signatures, and cybercrime on information, systems, etc. The Act also listed the infractions and associated penalties. The IT Amendment Act is a modification to this Act that was brought about over time by the evolving technological world.

The Computer Emergency Response Team - India (CERT-In) offers standards for tracking, identifying, averting, and handling cybersecurity incidents by the IT Act.

2. National Cyber Security Policy 2023

Information security and cyberspace infrastructure protection are the goals of this strategy. It aims to create the capacities required to limit vulnerabilities, lessen the effects of cyber incidents, and avoid and efficiently respond to cyber attacks.

Institutional frameworks, knowledgeable people, well-established procedures, cutting-edge technology, and teamwork will all be used to accomplish this.

The goal of the policy is to instil a strong sense of confidence and trust in IT systems. Additionally, it attempts to strengthen the legal framework that guarantees security and supports the protection and resiliency of the country's vital information infrastructure (CII).

3. Information Technology Rules, 2021

India introduced legislation in 2021 that is widely known as the Intermediary Rules. These regulations create a framework for the laws that control digital news providers, over-the-top (OTT) platforms, and social media sites. They also include provisions regarding data protection and handling of complaints.

Ending Note

In conclusion, important considerations for safeguarding digital landscapes are highlighted in the Cybersecurity Laws and Regulations Report 2024 for India. It's critical to comprehend current cybersecurity trends to keep ahead of emerging dangers. Adopting cyber insurance can also offer increased financial security against possible hacks.

Businesses and people may improve their security in an increasingly linked world by being educated, putting strong security measures in place, and thinking about cyber insurance.

Disclaimer: The above information is for illustrative purposes only. For more details, please refer to the policy wordings and prospectus before concluding the sales.

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