White collar crimes and financial frauds are increasing in India. By its very nature these high profile crimes affect corporate sector. Indian companies are also facing increased corporate frauds, financial frauds, white color crimes and technological frauds.
With growing dependence upon information and communication technology (ICT) for various corporate functions, corporate systems and corporate assets are exposed to diverse forms of cyber attacks. Further, data privacy laws in India, data protection laws in India, privacy laws in India, etc have further added responsibilities for corporate sector of India.
Further, companies in India are also required to follow cyber law due diligence in India and cyber security due diligence in India. However, absence of techno legal cyber skills and cyber crimes investigation trainings in India, technology related crimes and cyber crimes have increased in India. Companies in India are facing growing threats from malware attacks, phishing attacks, ATM frauds, online banking threats, trading fraud, etc.
Clearly, Indian companies are not prepared to deal with these sophisticated technology crimes and organised crimes. Recently the companies bill 2011 has been tabled in lok sabha that carries few reformatory provisions in this regard. It was planned to give more powers to serious frauds investigation office (SFIO) of India. Under the proposed companies bill 2011, SFIO has been given a statutory recognition. This is a good step as it would help in curbing corporate frauds in India.
Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that it is high time for Indian companies to take care of the cyber due diligence and cyber security due diligence requirements under various laws of India. These due diligence requirements are essential part of overall audit strategy of each company. The sooner cyber law and cyber security are taken seriously by Indian companies the better it would be for the larger interest of all stakeholders.
Source: PTLB Blog.