E-Discovery For Cloud Computing In India

Cloud computing is increasingly seen as a viable business opportunity in India. However, there are many problems associated with cloud computing in India as well. For example we have no dedicated legal framework for cloud computing in India. In fact, cloud computing in India is legally risky.

The importance of legal framework for cloud computing and its regulation in India is also evidence if we analyse the recently proposed national telecom policy 2012 of India. The Telecom Regulatory Authority of India (TRAI) has also recommended a good legal framework for cloud computing in India. TRAI has approved many techno legal suggestions of Perry4Law in this regard, including the one pertaining to cloud computing.

The legal sector is also related to cloud computing in another manner. Cloud computing often involves regulatory issues pertaining to litigations and court cases. This is more so where electronic discovery (e-discovery) pertaining to cloud computing is involved. For instance, e-discovery for social media would be frequently undertaken in future, including in India. Similarly, virtual data rooms for legal compliances in India and elsewhere would be frequently used in future. These virtual data rooms may be based upon cloud computing technology.

Similarly, data rooms, legal compliances and merger and acquisitions are also closely related. In future, due diligence for mergers and acquisitions in India and world wide would be done in a cloud environment. This would have cost benefits and efficiency advantages.

However, electronic discovery (e-discovery) in India is still maturing. Individuals and organisations are still getting familiar with concepts like cyber law, cyber forensics, e-discovery, digital evidencing, etc. Further, Perry4Law and Perry4Law Techno Legal Base (PTLB) are providing the exclusive techno legal electronic discovery (e-discovery) services In India.

Perry4Law and PTLB suggest that both e-discovery and cloud computing need to have strong and effective legal frameworks. Te sooner it is done the better it would be for the e-discovery and cloud computing industry of India.

Electronic Discovery (E-Discovery) In India

Electronic discovery (e-discovery) in India is an area that has started gaining importance in India. Although electronic discovery (e-discovery) services in India are primarily provided by LPO and KPO companies and firms in India yet very few companies and firms are doing it for Indian clients. This shows e-discovery in India has still to be adopted and accepted as an essential part of individual and corporate business dealings.

The reason for limited adoption and growth of e-discovery in India is lack of knowledge, expertise and appropriate laws in this regard. We have no dedicated e-discovery laws in India and e-discovery laws and practices in India have still to mature. Similarly, allied fields like cyber forensics, cyber security, etc have also not grown much.

This is the reason why e-discovery and litigation services LPO and KPO in India have not grown much. We have an exclusive techno legal digital evidencing and e-discovery centre of India managed by Perry4Law Techno Legal Base (PTLB). PTLB is managing many techno legal services in India including electronic discovery and litigation support services in India.

The cyber law of India has also given rise to many cyber laws due diligence liabilities in India. In fact, cyber due diligence for Indian companies is very stringent on various accounts like privacy protection, data protection, etc. If these cyber due diligence requirements are not met, these companies can be held civilly and criminally liable.

E-discovery is also relevant for law enforcement, lawyers and judiciary. Legal and judicial fraternity of India needs a temperament for scientific knowledge. This includes knowledge about cyber law, cyber forensics, digital evidencing and e-discovery.

E-discovery policy in India needs to be developed by India government. This has become necessary due to the proposed electronic delivery of services bill (EDS Bill) 2011 that mandates delivery of services in an electronic form. Electronic delivery or non delivery can be sufficiently proved with the help of e-discovery practices in India. Indian government must start thinking about developing e-discovery related policy and legal issues as soon as possible.