Tag Archives: Outsourcing

Outsourcers Exempt from India’s Privacy Regulations

Posted on August 24, 2011 by Hunton & Williams LLP

On August 24, 2011, the Government of India’s Ministry of Communications & Information Technology issued a clarification regarding India’s new privacy regulations, known as the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”), under Section 43A of the Information Technology Act 2000.

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India Drafts New Privacy Regulations

Posted on May 18, 2011 by Hunton & Williams LLP

On April 11, 2011, India adopted new privacy regulations, known as the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”).  The Rules are final versions of the draft regulations issued in February 2011 and impose wide-ranging obligations on any “body corporate” (company) that “collects, receives, possesses, stores, deals or handles” personal information.  These obligations require companies to provide privacy policies, restrict the processing of sensitive personal data, restrict international data transfers and require additional security measures.  The Rules introduce an omnibus privacy law that is similar in many respects to existing EU data protection law, but which raises some fundamental challenges for India’s numerous outsourcing vendors, and their customers.

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India Issues Draft Privacy Rules

Posted on February 25, 2011 by Hunton & Williams LLP

The Government of India’s Ministry of Communications & Information Technology has published three draft rules that would implement the Information Technology Act, 2000. These include: Reasonable Security Practices and Procedures and Sensitive Personal Information; Due Diligence Observed by Intermediaries Guidelines and Guidelines for Cyber Cafe. The first two of these rules could affect international companies that provide digital services or process data in India. The comment period on the rules ends February 28, 2011.

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NIST Issues Guidelines on Security and Privacy in Public Cloud Computing

Posted on February 7, 2011 by Hunton & Williams LLP

The National Institute of Standards and Technology (“NIST”) has issued draft Guidelines on Security and Privacy in Public Cloud Computing (SP 800-144) (the “Guidelines”) for public comment. The Guidelines provide an overview of the security and privacy challenges pertinent to public cloud computing, and identify considerations for organizations outsourcing data, applications and infrastructure to a public cloud environment. The Guidelines are intended for use by federal agencies. Use in nongovernmental settings is voluntary.

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French DPA Releases New Guidance on Outsourcing Activities

Posted on October 25, 2010 by Hunton & Williams LLP

On October 11, 2010, the French Data Protection Authority (the “CNIL”) released guidance (the “Guidance”) on data protection issues related to the outsourcing of data processing activities to non-EU countries (Les questions posées pour la protection des données personnelles par l’externalisation hors de l’Union européenne des traitements informatiques). 

The Guidance was prepared following interviews held in 2009 by the CNIL’s international affairs department with consultancy groups, law firms advising on outsourcing deals, and companies actively engaged in offshore activities.  The interviews were conducted to provide the CNIL with insight regarding the impact of data protection requirements on outsourcing activities.  The Guidance is part of a broader analysis of the concepts of data controller and data processor carried out by the Article 29 Working Party (see the Working Party’s Opinion on the concepts of controller and processor).

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Christopher Kuner of Hunton & Williams Wins 2010 Burton Award for Legal Achievement

Posted on April 26, 2010 by Hunton & Williams LLP

Hunton & Williams is pleased to announce that Christopher Kuner, a partner in the firm’s Brussels office, was named a recipient of the 2010 Burton Award for Legal Achievement.  He was honored for his article “Onward Transfers of Personal Data Under the U.S. Safe Harbor Framework,” originally published in the August 17, 2009, issue of BNA’s Privacy & Security Law Report.

Each year, The Burton Foundation, in association with the U.S. Library of Congress and its Law Library, recognizes excellence in legal writing.  This year, 30 individuals were selected as winners of the Burton Award from among entries submitted by the nation’s 1,000 largest and most prestigious law firms.  Mr. Kuner’s article examines the rules relating to so-called “onward transfers” of personal data under the U.S.-EU Safe Harbor Framework.  Onward transfers of personal data typically involve outsourcing and IT maintenance situations, which have become widespread and are highly relevant to companies around the world.  View Mr. Kuner’s article.

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Satyam Crisis Highlights Data Security and Corporate Issues for Outsourcing Customers

Posted on January 9, 2009 by Hunton & Williams LLP

 Scarcely a month after the world media was flooded with news of the catastrophic terrorist attacks in Mumbai, headlines are once again rife with articles on the global impact of events in India. This time, the news has focused on Satyam Computer Services (“Satyam”), previously one of India’s largest and most prestigious outsourcing providers, and a series of missteps that began in October 2008, when alarming allegations of possible involvement in a customer security breach surfaced in the media. After that news, there were allegations of misdeeds with customers, a failed takeover attempt, and now the chairman’s confession of massive accounting irregularities.

To read more on the Satyam crisis, please click here.  Hunton & Williams has organized a cross-disciplinary team of lawyers to respond to the Satyam situation, including leading outsourcing, data security and insolvency practitioners, as well as local counsel in India. We have also released a second client alert on how Satyam customers should consider dealing with agreements, please click here to read this alert.

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