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Introduction

With the increasing reliance on digital technologies in the banking industry, cyber threats have become a significant concern. Cyberlaw plays a crucial role in safeguarding the banking sector from cybercrimes and ensuring the security and integrity of financial systems.

The banking industry has witnessed a rapid digital transformation, enabling convenient services and greater access to financial resources. However, this digitalisation also exposes the industry to cyber threats, necessitating the formulation and implementation of effective cyber law frameworks.

Recent Trends in the Banking Industry

Digital Transformation: The banking industry has embraced digital technologies, such as mobile banking, internet banking, and financial apps, to enhance customer experience and operational efficiency.

Open Banking: The concept of open banking has gained prominence, enabling data sharing between banks and third-party service providers, which introduces new cyber risks.

How Cyber Law Helps the Banking Sector

The banking sector and cyber crime share an unspoken synergy due to the mass digitisation of banking services. Thanks to QR codes, UPI and online banking payments, India is now home to 40% of global online banking transactions. Some critical aspects of the cyber law and banking sector are as follows:

Data Protection: Cyberlaw mandates banks to implement robust data protection measures, including encryption, access controls, and regular security audits, to safeguard customer data.

Incident Response and Reporting: Cyberlaw requires banks to establish incident response plans, promptly report cyber incidents to regulatory authorities, and cooperate in investigations.

Customer Protection: Cyberlaw enforces regulations related to online banking fraud, identity theft, and unauthorised transactions, ensuring that customers are protected from cybercrimes.

Legal Framework: Cyberlaw provides a legal foundation for digitalisation in the banking sector, assuring customers that regulations protect their digital transactions and data.

Cybersecurity Training and Awareness: Cyberlaw encourages banks to conduct regular training programs and create awareness among employees and customers about cyber threats, safe digital practices, and reporting procedures.

RBI Guidelines

The RBI, as India’s central banking institution, has issued comprehensive guidelines to enhance cyber resilience in the banking industry. These guidelines address various aspects, including:

Technology Risk Management

Cyber Security Framework

IT Governance

Cyber Crisis Management Plan

Incident Reporting and Response

Recent Trends in Banking Sector Frauds and the Role of Cyber Law

Phishing Attacks: Cyberlaw helps banks combat phishing attacks by imposing penalties on perpetrators and mandating preventive measures like two-factor authentication.

Insider Threats: Cyberlaw regulations emphasise the need for stringent access controls, employee background checks, and legal consequences for insiders involved in fraudulent activities.

Ransomware Attacks: Cyberlaw frameworks assist banks in dealing with ransomware attacks by enabling legal actions against hackers and promoting preventive measures, such as regular software updates and data backups.

Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs)

Draft of Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs) issued by the Reserve Bank of India (RBI). The directions provide guidelines and requirements for PSOs to improve the safety and security of their payment systems, with a focus on cyber resilience. These guidelines for PSOs include mobile payment service providers like Paytm or digital wallet payment platforms.

Here are the highlights-

The Directions aim to improve the safety and security of payment systems operated by PSOs by providing a framework for overall information security preparedness, with an emphasis on cyber resilience.

The Directions apply to all authorised non-bank PSOs.

PSOs must ensure adherence to these Directions by unregulated entities in their digital payments ecosystem, such as payment gateways, third-party service providers, vendors, and merchants.

The PSO’s Board of Directors is responsible for ensuring adequate oversight over information security risks, including cyber risk and cyber resilience. A sub-committee of the Board may be delegated with primary oversight responsibilities.

PSOs must formulate a Board-approved Information Security (IS) policy that covers roles and responsibilities, measures to identify and manage cyber security risks, training and awareness programs, and more.

PSOs should have a distinct Board-approved Cyber Crisis Management Plan (CCMP) to detect, contain, respond, and recover from cyber threats and attacks.

A senior-level executive, such as a Chief Information Security Officer (CISO), should be responsible for implementing the IS policy and the cyber resilience framework and assessing the overall information security posture of the PSO.

PSOs need to define Key Risk Indicators (KRIs) and Key Performance Indicators (KPIs) to identify potential risk events and assess the effectiveness of security controls. The sub-committee of the Board is responsible for monitoring these indicators.

PSOs should conduct a cyber risk assessment when launching new products, services, technologies, or significant changes to existing infrastructure or processes.

PSOs, including inventory management, identity and access management, network security, application security life cycle, security testing, vendor risk management, data security, patch and change management life cycle, incident response, business continuity planning, API security, employee awareness and training, and other security measures should implement various baseline information security measures and controls.

PSOs should ensure that payment transactions involving debit to accounts conducted electronically are permitted only through multi-factor authentication, except where explicitly permitted/relaxed.

Conclusion

The relationship between cyber law and the banking industry is crucial in ensuring a secure and trusted digital environment. Recent trends indicate that cyber threats are evolving and becoming more sophisticated. Compliance with cyber law provisions and adherence to guidelines such as those provided by the RBI is essential for banks to protect themselves and their customers from cybercrimes. By embracing robust cyber law frameworks, the banking industry can foster a resilient ecosystem that enables innovation while safeguarding the interests of all stakeholders or users.

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.

Introduction 

In the ever-evolving world of technological innovation, a new chapter is being inscribed by the bold visionaries at Figure AI, a startup that is not merely capitalising on artificial intelligence rage but seeking to crest its very pinnacle. With the recent influx of a staggering $675 million in funding, this Sunnyvale, California-based enterprise has captured the imagination of industry giants and venture capitalists alike, all betting on a future where humanoid robots transcend the realm of science fiction to become an integral part of our daily lives.

The narrative of Figure AI's ascent is punctuated by the names of tech luminaries and corporate giants. Jeff Bezos, through his firm Explore Investments LLC, has infused a hefty $100 million into the venture. Microsoft, not to be outdone, has contributed a cool $95 million. Nvidia and an Amazon-affiliated fund have each bestowed $50 million upon Figure AI's ambitious endeavours. This surge of capital is a testament to the potential seen in the company's mission to develop general-purpose humanoid robots that promise to revolutionise industries and redefine human labour.

The Catalyst for Change 

This investment craze can be traced back to the emergence of OpenAI's ChatGPT, a chatbot that caught the public eye in November 2022. Its success has not only ushered in a new era for AI but has also sparked a race among investors eager to stake their claim in startups determined to outshine their more established counterparts. OpenAI itself, once mulling over the acquisition of Figure AI, has now joined the ranks of its benefactors with a $5 million investment.

The roster of backers reads like a who's who of the tech and venture capital world. Intel's venture capital arm, LG Innotek, Samsung's investment group, Parkway Venture Capital, Align Ventures, ARK Venture Fund, Aliya Capital Partners, and Tamarack—all have invested their lot with Figure AI, signalling a broad consensus on the startup's potential to disrupt and innovate.

Yet, when probed for insights, these major players—Amazon, Nvidia, Microsoft, and Intel—have maintained a Sphinx-like silence, while Figure AI and other entities mentioned in the report have refrained from immediate responses to inquiries. This veil of secrecy only adds to the intrigue surrounding the company's prospects and the transformative impact its technology may have on society.

Need For AI Robots 

Figure AI's robots are not mere assemblages of metal and circuitry; they are envisioned as versatile beings capable of navigating a multitude of environments and executing a diverse array of tasks. From working at aisles of warehouses to the bustling corridors of retail spaces, these humanoid automatons are being designed to fill the void of millions of jobs projected to remain vacant due to a shrinking human labour force.

The company's long-term mission statement is as audacious as it is altruistic: 'to develop general-purpose humanoids that make a positive impact on humanity and create a better life for future generations.' This noble pursuit is not just about engineering efficiency; it is about reshaping the very fabric of work, liberating humans from hazardous and menial tasks, and propelling us towards a future where our lives are enriched with purpose and fulfilment.

Conclusion 

As we stand on the cusp of a new digital world, the strides of Figure AI serve as a beacon, illuminating the path towards machine and human symbiosis. The investment frenzy that has enveloped the company is a clarion call to all dreamers, pragmatists and innovators alike that the age of humanoid helpers is upon us, and the possibilities are as endless as our collective imagination.

Figure AI is forging a future where robots walk among us, not as novelties or overlords but as partners in forging a world where technology and humanity work together to unlock untold potential. The story of Figure AI is not just one of investment and innovation; it is a narrative of hope, a testament to the indomitable spirit of human ingenuity, and a preview of the wondrous epoch that lies just beyond the horizon.

References 

• https://cybernews.com/tech/openai-bezos-nvidia-fund-robot-startup-figure-ai/
• https://www.thedailystar.net/business/news/bezos-nvidia-join-openai-funding-humanoid-robot-startup-3551476
• https://www.bloomberg.com/news/articles/2024-02-23/bezos-nvidia-join-openai-microsoft-in-funding-humanoid-robot-startup-figure-ai
• https://economictimes.indiatimes.com/tech/technology/bezos-nvidia-join-openai-in-funding-humanoid-robot-startup-report/articleshow/107967102.cms?from=mdr

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