Electronic discovery (e-discovery) is an upcoming field for lawyers and professionals dealings with legal and techno legal due diligence issues. E-discovery is presently used for many aspects of our daily lives. For instance, e-discovery is used for social media platforms, cloud computing, etc these days.
Despite the significance of this issue, there are no e-discovery law blog in India as on date. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) are managing two e-discovery blogs in India and the same can be accessed here 1 and here 2.
Some of the areas covered by the blogs include legal issues of e-discovery in India, use of e-discovery for cloud computing in India, e-discovery for social media, data rooms, legal compliances and merger and acquisitions, virtual data rooms and legal compliances, e-discovery and cyber law due diligence required for Indian companies, etc.
With very limited e-discovery related awareness in India, e-discovery legal issues are still ignored in India. The use of e-discovery in India is going to increase in future as more and more technological crimes are being committed in India. E-discovery and cyber law due diligence have become mandatory for Indian companies. Further, corporate frauds investigations in India need scientific technologies and methods to be more effective.
The regulatory compliances under the Indian Companies Act, 2013 have become techno legal in nature that cannot be ignored by Indian and foreign companies anymore. The new Companies Act mandates maintenance and inspection of document in electronic form. The directors’ liability under the Indian Companies Act 2013 has also increased significantly. Even the cyber law and cyber security obligations of the directors of Companies operating in India have increased manifolds.
It is high time that all stakeholders give due attention to e-discovery requirements as applicable to their respective fields.