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COMPUTER CONTRACTS & INFORMATION TECHNOLOGY LAW
By
S.V. JOGA RAO
Containing Information Technology and its Impact, Legal Response to Information Technology: Issues and Implications, The Information Technology Act, 2000 An Overview, Information Technology Law : International Response, Significance of Contracts in the Context of Information Technology (IT), Law of Contracts: Fundamental Principles, Structuring of Electronic Contracts: Legal Principles and Practice, Electronic Contracts: Select Forms and Precedents, Online Contracts: Legal Principles and Practice, Privacy and Data Protection: Legal Frame Work. The present treatise caters to the needs of both legal and non-legal professionals like finance, marketing and technical in Information Technology Law field. Keeping that in view, it is attempted to present the subject matter in a simple and lucid style. As the information technology centric commercial activity knows no boundaries, those who are involved in structuring contractual relationships, it is a matter of inevitable necessity that they must possess minimal comprehension as to different laws passed in other countries. As these contracts are mainly entered with clients originating from other countries, it is all the more necessary that this knowledge is required to be obtained. To specifically cater towards this end, this treatise examines, explains and provides detailed information relating to pertinent legislations across the globe. Special Chapter on Electronic Contracts : Select Forms and Precedents offer the readers several model contracts covering Hardware, Software, Webware, Service Contracts, Human Resource and Computer Systems. These model agreements have been classified into Hardware Agreements, Software Agreements, Webware Agreements, Service Contracts and Generic Agreements. Basic purpose of this chapter is to introduce to the readers, context and commercial transaction specific contract forms mainly to drive home the
point the nature of clauses that are required to be incorporated and also how effectively risk allocation can take place in a given situation. Commercial activity has, of late, been experiencing radical transformation in diverse facets, some of them are inherent to the activity and others, which primarily impact from external sources. Singularly, the pervasive influence of information technology on commerce is one such crucial facet. Catching up with technology is the new mantra for every business enterprise. As a result, scaling up towards north is the trend to utilise and exploit fully the advantages that are unleashed by information technology. The pace, accuracy, cost-effective processes, reach, just to name few, are the unique features of this revolution, which absolutely suits the bill of the commercial enterprise. Geographical barriers are made invisible by the WTO regime. Information technology has transformed geography itself as a matter of history. Thus, made grossly redundant. Convergence has further rendered warranted fillip to the processes. No doubt, technological vulnerability manifesting realistic threats to national, social and individual well being is very clearly discernible, nevertheless, owing to its promising and positive contribution towards national and societal prosperity, information technology is being embraced with unprecedented social acceptance. The fact how our day-to-day lives are dependent on information technology in diverse ways, itself, speaks volumes about social receptivity. That in turn, enables entrepreneurs to carve out niche areas for commercial activity, invoking information technology.
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