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Introduction

The world has been riding the wave of technological advancements, and the fruits it has born have impacted our lives. Technology, by its virtue, cannot be quantified as safe or unsafe it is the application and use of technology which creates the threats. Its times like this, the importance and significance of policy framework are seen in cyberspace. Any technology can be governed by means of policies and laws only. In this blog, we explore the issues raised by the EU for the tech giants and why the Indian Govt is looking into probing Whatsapp.

EU on Big Techs

Eu has always been seen to be a strong policy maker for cyberspace, and the same can be seen from the scope, extent and compliance of GDPR. This data protection bill is the holy grail for worldwide data protection bills. Apart from the GDPR, the EU has always maintained strong compliance demographics for the big tech as most of them have originated outside of Europe, and the rights of EU citizens come into priority above anything else.

New Draft Notification

According to the draft of the new notification, Amazon, Google, Microsoft and other non-European Union cloud service providers looking to secure an EU cybersecurity label to handle sensitive data can only do so via a joint venture with an EU-based company. The document adds that the cloud service must be operated and maintained from the EU, all customer data must be stored and processed in the EU, and EU laws take precedence over non-EU laws regarding the cloud service provider. Certified cloud services are operated only by companies based in the EU, with no entity from outside the EU having effective control over the CSP (cloud service provider) to mitigate the risk of non-EU interfering powers undermining EU regulations, norms and values.

This move from the EU is still in the draft phase however, it is expected to come into action soon as issues related to data breaches of EU citizens have been reported on numerous occasions. The document said the tougher rules would apply to personal and non-personal data of particular sensitivity where a breach may have a negative impact on public order, public safety, human life or health, or the protection of intellectual property.

How will it secure the netizens?

Since the EU has been the leading policy maker in cyberspace, it is often seen that the rules and policies of the EU are often replicated around the world. Hence this move comes at a critical time as the EU is looking towards safeguarding the EU netizens and the Cyber security industry in the EU by allowing them to collaborate with big tech while maintaining compliance. Cloud services can be protected by this mechanism, thus ensuring fewer instances of data breaches, thus contributing to a dip in cyber crimes and attacks.

The Indian Govt on WhatsApp

The Indian Govt has decided to probe Whatsapp and its privacy settings. One of the Indian Whatsapp users tweeted a screenshot of WhatsApp accessing the phone’s mic even when the phone was not in use, and the app was not open even in the background. The meta-owned Social messaging platform enjoys nearly 487 million users in India, making it their biggest market. The 2018 judgement on Whatsapp and its privacy issues was a landmark judgement, but the platform is in violation of the same.

The MoS, Ministry of Electronics and Information Technology, Rajeev Chandrashekhar, has already tweeted that the issue will be looked into and that they will be punished if the platform is seen violating the guidelines. The Digital Personal Data Protection Bill is yet to be tabled at the parliament. Still, despite the draft bill being public, big platforms must maintain the code of conduct to maintain compliance when the bill turns into an Act.

Threats for Indian Users

The Indian Whatsapp user contributes to the biggest user base un the world, and still, they are vulnerable to attacks on WhatsApp and now WhatsApp itself. The netizens are under the following potential threats –

• Data breaches
• Identity theft
• Phishing scams
• Unconsented data utilisation
• Violation of Right to Privacy
• Unauthorised flow of data outside India
• Selling of data to a third party without consent

The Indian netizen needs to stay vary of such issues and many more by practising basic cyber safety and security protocols and keeping a check on the permissions granted to apps, to keep track of one’s digital footprint.

Conclusion

Whether it’s the EU or Indian Government, it is pertinent to understand that the world powers are all working towards creating a safe and secured cyberspace for its netizens. The move made by the EU will act as a catalyst for change at a global level, as once the EU enforces the policy, the world will soon replicate it to safeguard their cyber interests, assets and netizens. The proactive stance of the Indian Government is a crucial sign that the things will not remain the same in the Indian Cyber ecosystem, and its upon the platforms and companies to ensure compliance, even in the absence of a strong legislation for cyberspace. The government is taking all steps to safeguard the Indian netizen, as the same lies in the souls and spirit of the new Digital India Bill, which will govern cyberspace in the near future. Still, till then, in order to maintain the synergy and equilibrium, it is pertinent for the platforms to be in compliance with the laws of natural justice.

Introduction

Social media is the new platform for free speech and expressing one’s opinions. The latest news breaks out on social media and is often used by political parties to propagate their parties during the elections. Hashtag (#)is the new weapon, a powerful hashtag that goes a long way in making an impact in society that so at a global level. Various hashtags have gained popularity in the last years, such as – #blacklivesmatter, #metoo, #pride, #cybersecurity, and many more, which were influential in spreading awareness among the people regarding various social issues and taboos, which then were removed from multiple cultures. Social media is strengthened by social media influencers who are famous personalities with a massive following as they create regular content that the users consume and share with their friends. Social media is all about the message and its speed, and hence issues like misinformation and disinformation are widespread on nearly all social media platforms, so the influencers play a keen role in making sure the content on social media is in compliance with its community and privacy guidelines.

The Know-How

The Department of Consumer Affairs under the Ministry of Consumer Affairs, Food and Public Distribution released a guide, ‘Endorsements Know-hows!’ for celebrities, influencers, and virtual influencers on social media platforms, The guide aims to ensure that individuals do not mislead their audiences when endorsing products or services and that they are in compliance with the Consumer Protection Act and any associated rules or guidelines. Advertisements are no longer limited to traditional media like print, television, or radio, with the increasing reach of digital platforms and social media, such as Facebook, Twitter, and Instagram, there has been a rise in the influence of virtual influencers, celebrities, and social media influencers. This has led to an increased risk of consumers being misled by advertisements and unfair trade practices by these individuals on social media platforms. Endorsements must be made in simple, clear language, and terms such as “advertisement,” “sponsored,” or “paid promotion” can be used. They should not endorse any product or service and service in which they have done due diligence or that they have not personally used or experienced. The Act established guidelines for protecting consumers from unfair trade practices and misleading advertisements. The Department of Consumer Affairs published Guidelines for prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, on 9th June 2022. These guidelines outline the criteria for valid advertisements and the responsibilities of manufacturers, service providers, advertisers, and advertising agencies. These guidelines also touched upon celebrities and endorsers. It states that misleading advertisements in any form, format, or medium are prohibited by law.

The guidelines apply to social media influencers as well as virtual avatars promoting products and services online. The disclosures should be easy to notice in post descriptions, where you can usually find hashtags or links. It should also be prominent enough to be noticeable in the content,

Changes Expected

The new guidelines will bring about uniformity in social media content in respect of privacy and the opinions of different people. The primary issue being addressed is misinformation, which was at its peak during the Covid-19 pandemic and impacted millions of people worldwide. The aspect of digital literacy and digital etiquette is a fundamental art of social media ethics, and hence social media influencers and celebrities can go a long way in spreading awareness about the same among common people and regular social media users. The increasing threats of cybercrimes and various exploitations over cyberspace can be eradicated with the help of efficient awareness and education among the youth and the vulnerable population, and the influencers can easily do the same, so its time that the influencers understand their responsibility of leading the masses online and create a healthy secure cyber ecosystem. Failing to follow the guidelines will make social media influencers liable for a fine of up to Rs 10 lakh. In the case of repeated offenders, the penalty can go up to Rs 50 lakh.

Conclusion

The size of the social media influencer market in India in 2022 was $157 million. It could reach as much as $345 million by 2025. Indian advertising industry’s self-regulatory body Advertising Standards Council of India (ASCI), shared that Influencer violations comprise almost 30% of ads taken up by ASCI, hence this legal backing for disclosure requirements is a welcome step. The Ministry of Consumer Affairs had been in touch with ASCI to review the various global guidelines on influencers. The social media guidelines from Clairfirnia and San Fransisco share the same basis, and hence guidelines inspired by different countries will allow the user and the influencer to understand the global perspective and work towards securing the bigger picture. As we know that cyberspace has no geographical boundaries and limitations; hence now is the time to think beyond conventional borders and start contributing towards securing and safeguarding global cyberspace.

Introduction

The appeal is to be heard by the TDSAT (telecommunication dispute settlement & appellate tribunal) regarding several changes under Digital personal data protection. The Changes should be a removal of the deemed consent, a change in appellate mechanism, No change in delegation legislation, and under data breach. And there are some following other changes in the bill, and the digital personal data protection bill 2023 will now provide a negative list of countries that cannot transfer the data.

New Version of the DPDP Bill

The Digital Personal Data Protection Bill has a new version. There are three major changes in the 2022 draft of the digital personal data protection bill. The changes are as follows:  The new version proposes changes that there shall be no deemed consent under the bill and that the personal data processing should be for limited uses only. By giving the deemed consent, there shall be consent for the processing of data for any purposes. That is why there shall be no deemed consent.

• In the interest of the sovereignty
• The integrity of India and the National Security
• For the issue of subsidies, benefits, services, certificates, licenses, permits, etc
• To comply with any judgment or order under the law
• To protect, assist, or provide service in a medical or health emergency, a disaster situation, or to maintain public order
• In relation to an employee and his/her rights

The 2023 version now includes an appeals mechanism

It states that the Board will have the authority to issue directives for data breach remediation or mitigation, investigate data breaches and complaints, and levy financial penalties. It would be authorised to submit complaints to alternative dispute resolution, accept voluntary undertakings from data fiduciaries, and advise the government to prohibit a data fiduciary’s website, app, or other online presence if the terms of the law were regularly violated. The Telecom Disputes Settlement and Appellate Tribunal will hear any appeals.

The other change is in delegated legislation, as one of the criticisms of the 2022 version bill was that it gave the government extensive rule-making powers. The committee also raised the same concern with the ministry. The committed wants that the provisions that cannot be fully defined within the scope of the bill can be addressed.

The other major change raised in the new version bill is regarding the data breach; there will be no compensation for the data breach. This raises a significant concern for the victims, If the victims suffer a data breach and he approaches the relevant court or authority, he will not be awarded compensation for the loss he has suffered due to the data breach.

Need of changes under DPDP

There is a need for changes in digital personal data protection as we talk about the deemed consent so simply speaking, by ‘deeming’ consent for subsequent uses, your data may be used for purposes other than what it has been provided for and, as there is no provision for to be informed of this through mandatory notice, there may never even come to know about it.‍

Conclusion

The bill requires changes to meet the need of evolving digital landscape in the digital personal data protection 2022 draft. The removal of deemed consent will ultimately protect the data of the data principal. And the data of the data principal will be used or processed only for the purpose for which the consent is given.  The change in the appellate mechanism is also crucial as it meets the requirements of addressing appeals. However, the no compensation for a data breach is derogatory to the interest of the victim who has suffered a data breach.