Have you ever had to get a document notarized? It’s a common requirement for many legal and official processes. But what exactly does “notarized” mean? A notary public is a public officer who is authorized to witness and certify the signing of important documents. The word “notary” comes from the Latin word “nota,” meaning “note,”…
Agreements that restrict someone’s ability to engage in a lawful trade or business are generally void under the Contract Act, 1872. This is because such restraints can stifle competition and harm public interest. However, there are some exceptions. One exception is the sale of goodwill. When a business is sold, the seller can agree not…
What is Basic Structure Theory? The term “basic structure” essentially refers to the fundamental and indispensable elements of a constitution. These are the core principles upon which the entire constitutional framework rests. From a constitutional perspective, the basic structure encompasses crucial elements that belong inherently to the people, such as: These core elements are considered…
First of all, the Information Technology Act, 2000 (the Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules (Privacy Rules), 2011. The Privacy Rules distinguishes both ‘personal information’ and ‘sensitive personal information’ and included ‘financial information’ such as bank account/credit or debit card or other payment instrument…
The European Court of Justice (“CJEU”) held that data subjects must, in particular, have the right to be informed of the identity of the specific recipients where his or her personal data have already been disclosed. [Under Article 15 GDPR] The right of access under Article 15 GDPR contains an obligation on the controller to…
Section 122 of the Indian Evidence Act recognizes the sanctity of marital communication by granting spouses a “spousal confidence privilege.” This privilege protects private conversations between spouses from being used as evidence against one another in court. The purpose of this privilege is to uphold the value of marital trust and confidence, recognizing that open…
The New York Department of Financial Services (NYDFS) announced extensive amendments to its cybersecurity requirements for financial institutions on November 1, 2023. The amendments are intended to address the evolution in the cybersecurity landscape: Key changes in the amended regulation include: The amended requirements will take effect in phases, with some having already come into…
The Singapore Court of Appeal recently ruled in Michael Reed v. Alex Bellingham (Attorney-General, Intervener) [2022] SGCA 60 that “emotional distress” constitutes a valid claim for “loss or damage” under the Personal Data Protection Act 2012 (“PDPA”). This landmark decision strengthens the rights of individuals whose personal data is mishandled. The PDPA already allows individuals…
The Court of Justice of the European Union (CJEU) ruled that customer data provided when ordering pharmacy-only, non-prescription medicines online is classified as “health data” under Article 4(15). Consequently, this data is protected by data protection regulations such as the GDPR, as per the Lindenapotheke case (C-21/23). Mazharul IslamMazharul Islam, Corporate Legal Practitioner, Member of…
The CJEU confirmed that a handwritten signature of a natural person is considered personal data as it is usually used to identify a person and has evidential value regarding the accuracy and sincerity of a document. [Agentsia po vpisvaniyata (C‑200/23)] Mazharul IslamMazharul Islam, Corporate Legal Practitioner, Member of Harvard Business Review Advisory Council. He can…