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FAQs
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What is the best free HR software for a manpower agency?
There are many HR software avaliable in the market but after comparing other HR software Orange HRM software seems to be the best HR software for manpowe agency.OrangeHRM is a free HR management system that offers a wealth of modules to suit the needs of your business. This widely used system is feature rich, intuitive and provides an essential HR management platform along with free documentation and access to a broad community of users.Check out some features of Orange HRM software:System Administration: The System Administration module offers centralized control to your HR Manager or other personnel to carry out basic HR functions.Personnel Information Management: As a centralized employee database, the Personal Information Management (PIM) gives you the capability to easily and productively store and utilize all aspects of your employee information.Leave and Time off Management: This integrated module enables online processing of requests and approval for leave and vacation time.Time & Attendance Management: The Time and Attendance Management module automates your timekeeping related processes while minimizing attendance policy errors. Enhance organizational performance and keep your labor and workforce data effectively organized.Recruitment: The Recruitment module gives HR professionals a comprehensive solution for the entire recruitment cycle. Effectively streamline your applicant tracking process from job vacancy to hire.Performance: The Performance module of OrangeHRM Open Source simplifies this vital process through creation of employment reviews and self- assessments.Employee Self Service: Employee self service is a powerful module that provides employees access to pertinent information through a web enabled PC without involving HR staff.
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How long should Beta Testing take for most products?
As the previous answers have already stated, the length of a beta test should be determined according to several factors:The complexity of the software being tested. (more complex=more time)The type of testers and the type of feedback required. (general feedback=more time)The number of testers available. (more testers=less time)The scope of changes made to the beta build. (more changes introduced=more time)At Instabug (where I work), we have seen a LOT of mobile app beta tests. Generally speaking, beta cycles run for at least 4–6 weeks. Beta cycles that are shorter tend to see little benefit unless they have a very efficient process and a narrow testing scope. The average beta cycle duration is around 10–12 weeks, with quite a few that run for 16–18 weeks.I want to emphasize that these have all been mobile app beta tests and that every piece of software will have different needs. These numbers are just anecdotal and should be used as a rough guide after you have considered the factors above and any other factors that are specific to your product.
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Are there any free contract management/reminder softwares out there?
Yes, there quite a number of free contract management softwares out there. Over the past couple of years I’ve tested and tried a bunch of them just to find out which best aligns with my style of working.I’m listing down a few of them based on two parameters viz. 1) How robust/efficient the free version of the software is, and 2) How much pocket friendly the paid version is.These are my top recommendations after trying everything that’s there in the market.#1. Intelligentcontract (offers 14-day free trial)My typical usage with this software involved managing legal receipts and contracts and with that i found this software to perform extremely well. The way the use case scenarios have been precoded in the form of readymade templates really makes this thing stand out.IntelligentContract also performs well for Healthcare, HR, F&B, Hotels, and many more.Some of the features that i found really useful and are worth sharing:Contract AlertsUpload DocumentationSearch ContentManage RenewalsImport DataFields and Layout Customization,To-Do ManagementIntuitive ControlManage Foreign CurrencyArchiva VaultOnline Electronic Signature#2. OneSoft Connect (offer one month free trial)This is another free contract management software of choice.Given Onesoft provides one month free trial, this is recommended to anyone who’s looking to start using software(s) when it comes to managing contracts.Here are a few features that I liked about Onesoft that help in managing contracts as a whole.Track Business ActivitiesManage Customer RelationshipsProject and Contract ManagementContact RecordsRecords of Business ActivitiesCRM for Sales Watch deadlinesHR Process Management#3 ContactSafe (offer a free trial account with limited features)This free contract management software comes with limited features for the trial period.The paid version though is quite versatile and well thought off. Listed below are the features that puts this on my list of recommended contract management softwares.Intuitive keyword searchingSet remindersAutomated reminders to recipientsTrack auto renewing contractsTrack a contract’s status throughout its lifecycleStore attachments, track amendments & link related documentsNotifications on new uploadsRead-only & no-delete usersAll data is encrypted at rest and in transitIntrusion, malware & virus detectionVulnerability & penetration testingIntegrate with signNow, Okta/SAML 2.0, Active Directory, SalesForceI hope this answer helps you take your contract management game to the next level.Edit 1: For all the lazy readers here, I prepared this really sick infographic to summarise everything.
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Which company is the best HRMS and payroll outsourcing company in India and why?
Paysquare is one of the best HRMS and payroll outsourcing company in India. It is one of the leading payroll outsourcing company of India, helps you to gain control over the payroll process and frees up considerable resources, equipment, time and bandwidth.Paysquare’s Service offering:Payroll Management (Monthly Salary Processing ,CTC RElated reimbursement,E-TDS, Form 16)Compliance Management (PT,PF, ESIC,LWF Challan generation and Filling)Online Employee and Manager self service suits for payslips, tax sheets, declarations and reimbursement claimsQuery Management online for payroll and compliance queriesLeave Management (Online leave application/approval)You can see more Best HRMS and Top Payroll Outsourcing Service Providers in India
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As a startup founder of three years our legal housekeeping is a bit of mess, how can I best setup a system to organize and track
As a startup founder of three years myself, I can relate to how legal housekeeping can be messy. Once a year, I have our own lawyers go through and do an audit of all of our legal paperwork (which costs a couple thousand dollars to be extremely thorough, but it’s worth it). Luckily, there are now many ways to easily manage and track all of your legal, financial, and HR documents via third-party sites that specialize in these management proceedings. I wrote a blog post about this awhile back titled “5 Ways to Save Time Dealing With Documents” which highlights certain sites that can be very beneficial depending on what paperwork you’d like to track or manage. They are as follows:1. GroupDocsGroupDocs is a new, comprehensive online service for document creation and management. It has multiple features, including a viewer for reading documents in your browser, an electronic signature service, an online document converter, a document assembly service, a feature for comparing different versions of a document, and an annotation feature. An individual plan is $10 per month for limited storage and 500 documents, while a group plan for up to 9 people is $19 per user per month. Based on the number of features and pricing, GroupDoc is a good-value purchase for a small business. As you’ll see below, GroupDocs can be cheaper than a service that offers only one such feature.2. signNowWhen you’re closing a deal and need to get documents signed, the last thing you need is a slow turnaround due to fax machine problems or the postal service. The solution is to use an electronic signature service such as signNow, which is one of the most popular e-signature companies in the world. This service allows you to email your documents to the person whose signature you need. Next, the recipient undergoes a simply e-signing process, and then signNow alerts you when the process is completed. Finally, signNow electronically stores the documents, which are accessible at any time. As a result, you can easily track the progress of the signature process and create an audit trail of your documents. The “Professional” plan is recommended for sole proprietors and freelancers, and costs $180 per year ($15 per month) for up to 50 requested signatures per month. The “Workgroup” plan is geared towards teams and businesses, and it costs $240 per user per year ($20 per month per user), for unlimited requested signatures.3. signNowsignNow is another e-signature service. Similar to signNow, signNow allows you to upload a PDF file, MS Word file or web application document. Next, you can edit the document, such as by adding initials boxes or tabs, and then email them out for signatures. Once recipients e-sign the document, signNow notifies you and archives the document. signNow offers low rates for these services: a 1-person annual plan with unlimited document sending costs $11 per month. An annual plan for 10 senders with unlimited document sending costs only $39 per month.4. ExariExari is a document assembly and contract management service that assists in automating high-volume business documents, such as sales agreements or NDAs. First, the document assembly service allows authors to create automated document templates. No technical knowledge is required; most authors are business analysts and lawyers. Authors have a variety of options for customizing documents, such as fill-in-the-blank fields, optional clauses, and dynamic updating of topic headings. They also can add questions that the end user must answer. Once you send out the document, the user answers the questionnaire, and Exari uses that data to customize the document. Next, the contract management feature allows you to store and track both the templates and the signed documents. Pricing is based on the size and scope of your planned implementation, so visit their website for more information.5. FillanyPDFIt’s a hassle having to print out PDF forms in order to complete them. Fortunately, FillanyPDF is a service that allows you to edit, fill out and send any PDFs, while entirely online. This “Fill & Sign” plan costs $5 per month, or $50 per year. If you subscribe to the “Professional” plan, you can also create fillable PDFs using your own documents. With this service, any PDF, JPG or GIF file becomes fillable when you upload it to the site. You can modify a form using white-out, redaction and drawing tools. Then, you can email a link to your users, who can fill out and e-sign your form on the website. FillanyPDF also allows you to track who filled out your forms, and no downloads are necessary to access these services. The “Professional” plan costs $49 per month, or $490 per year.Switching firms can be a hassle. As a former startup attorney, I have a bit of advice about finding the right attorney for your business: it’s best to focus on the specific attorney you’ll be working with. He or she should have a solid understanding of the ins and outs of your business industry, a deep knowledge of the legal issues your startup may face, and previous work experience with startups to ensure a quality and efficient work product. This is absolutely key when matching our startup clients at UpCounsel to attorneys on our platform who can perform their legal work and hash out their legal projects in a timely manner. We also allow clients to store any and all of their legal documents directly on UpCounsel so they don’t have to go searching in alternative places for the correct paperwork. It’s proven to be a free and lightweight way to store legal documents that our clients love. Here's what it looks like:As I’ve mentioned, it’s more important to find the right attorney as opposed to the right law firm. And seeing as you’re a startup, our own startup clients typically save an average of 50-60% on their legal work, since the attorneys don't include overhead fees (a.k.a. the fees included for doing business with the firm itself) in their invoices.Hope this gives you a deeper look into what other sites and services are out there. If you have any questions or would like more information on how best to handle your legal housekeeping/ attorney matters, feel free to signNow out to me directly. As a former startup attorney at Latham & Watkins, I’d be happy to give you some guidance.
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What are the best HR Automation tools?
While chatbots and AI are frequently talked about, there is more to HR automation than that. Automation doesn’t have to mean taking the “human” factor completely out of human resources. There are tools in hiring software, particularly, that are leveraging automation to, in fact, better candidate and employee engagement!Some automation can increase communication and personalization, if used correctly. Now, the “best” hiring automation tools are going to vary dependent on the company’s culture, budget, hiring needs, etc., but there are some tools and tactics in the field that I recommend checking out regardless of all that:ATS (Applicant Tracking Systems) are software solutions designed to streamline and automate certain aspects of the hiring process so that you can pay closer attention to what matters and save time/resources along the way. Here are some examples:Use email templates that you can send in bulk but tweak to be personalized, keeping up with candidate engagement.Use a sourcing extension to auto-fill candidate data and facilitate employee referrals.Post to multiple job boards from one platform.Hire collaboratively, with automated employee performance reports, event scheduling, and team notesAs far as the future of automation in recruiting is concerned, I wouldn’t worry too much about the negative effects. There are going to be pros and cons to every innovation. However, HR is one field that is so people-centric, the talented recruitment professionals won’t stand for AI or automation taking away their jobs or replacing real candidate engagement. As long as you are well-equipped to do your recruitment job now with help from your team, automation can only assist that!
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What are the laws - Data Protection, Data Transmission and Export and Data Encryption in India to operate a technology platform
The Information Technology Act, 2000 came into force on 17.10.2000 vide G.S.R No. 788(E) dated 17.10.2000 and for the first time, a legal definition of “Computer”, “Data”, “electronic record”, “Information” et al were provided. The said Act gave a legal recognition to the electronic records and digital signatures and in Chapter IX thereof provided for penalty and adjudication. Section 43 of the Act interalia provided that in case of unauthorised access, download or copying or damage to data etc, the person responsible shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person affected.Apart from civil liability provided under Section 43, Chapter XI (Sections 63 to 78) of the Act of 2000 provided for criminal liability in cases of Tampering, Hacking, publishing or transmitting obscene material, misrepresentation etc. Apart from the same, Section 72 of the Act provided for penalty in case of bsignNow of confidentiality and privacy and laid that in case any person who has secured access to any electronic record, Data or information, discloses the same to any other person without obtaining the consent of the person concerned, he shall be punished with imprisonment upto two years or with fine upto Rupees one lakh or with both.However, the provisions of the Information Technology Act, 2000 were not adequate and the need for more stringent data protection measures were felt, the Information Technology (Amendment) Act, 2008 was enacted which came into force on 27.10.2009. The said Amendment Act brought in the concepts like cyber security in the statute book and widened the scope of digital signatures by replacing the words “electronic signature”. The amendment act also provided for secure electronic signatures and enjoined the central government to prescribe security procedures and practices for securing electronic records and signatures (Sections 15-16) The amendment Act also removed the cap of Rupees One Crore as earlier provided under Section 43 for damage to computer and computer systems and for unauthorised downloading/ copying of data. The said Amendment Act also introduced Section 43A which provides for compensation to be paid in case a body corporate fails to protect the data. Section 46 of the Act prescribes that the person affected has to approach the adjudicating officer appointed under Section 46 of the Act in case the claim for injury or damage does not exceed Rupees Five crores and the civil court in case, the claim exceeds Rupees Five crores. The amendment act also brought/ introduced several new provisions which provide for offenses such as identity theft, receiving stolen computer resource/ device, cheating, violation of privacy, cyber terrorism, pornography (Section 66A-F & 67A-C). The amendment act also brought in provisions directing intermediaries to protect the data/information and penalty has been prescribed for disclosure of information of information in bsignNow of lawful contract (Section 72A)With the enactment of the Amendment Act of 2008, India for the first time got statutory provisions dealing with data protection. However, as the ingredients of “sensitive personal data and information” as well as the “reasonable security practices and procedures” were yet to be prescribed by the Central Government, the Ministry of Communications and Information Technology vide Notification No. GSR 313 (E) dated 11th April 2011 made the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information ) Rules, 2011 (the said rules). Rule 3 of the said rules defines personal sensitive data or information and provides that the same may include information relating to password, financial information such as bank account or credit card details, health condition, medical records etc. Rule 4 enjoins every body corporate which receives or deals with information to provide a privacy policy. Rule 5 prescribes that every body corporate shall obtain consent in writing from the provider of the sensitive information regarding purpose of usage before collection of such information and such body corporate will not collect such information unless it is collected for a lawful purpose connected with the function or activity of such body corporate and collection of such information or data is necessary and once such data is collected, it shall not be retained for a period longer than what is required. Rule 6 provides that disclosure of the information to any third party shall require prior permission from the provider unless such disclosure has been agreed to in the contract between the body corporate and the provider or where the disclosure is necessary for compliance of a legal obligation. The Body corporate has been barred to publish sensitive information and the third parties receiving such information have been barred to disclose it further. Rule 7 lays down that the body corporate may transfer such information to any other body corporate or person in India or outside, that ensure the same level of data protection and such transfer will be allowed only if it is necessary for performance of lawful contract between the body corporate and provider of information or where the provider has consented for data transfer. Rule 8 of the said rules further provide reasonable security practises and procedures and lays down that international standard IS/ISO/IEC 27001 on “Information Technology- Security Techniques- Information Security Management System- requirements “ would be one such standard.The Ministry of Communication and Information Technology further issued a press note dated 24th August 2011 and clarified that the said rules are applicable to the body corporate or any person located within India. The press note further provides that any body corporate providing services relating to collection or handling of sensitive personal data or information under contractual obligation with any other legal entity located within India or outside is not subject to requirements of Rules 5 &6 as mentioned hereinabove. A body corporate providing services to the provider of information under a contractual obligation directly with them however has to comply with Rules 5 &6. The said press note also clarifies that privacy policy mentioned in Rule 4 relates to the body corporate and is not with respect to any particular obligation under the contract. The press note at the end provides that the consent mentioned in Rule 5 includes consent given by any mode of electronic communication.Data Protection relates to issues relating to the collection, storage, accuracy and use of data provided by net users in the use of the World Wide Web. Visitors to any website want their privacy rights to be respected when they engage in e-Commerce. It is part of the confidence-creating role that successful e-Commerce businesses have to convey to the consumer. If industry doesn't make sure it's guarding the privacy of the data it collects, it will be the responsibility of the government and it's their obligation to enact legislation.Any transaction between two or more parties involves an exchange of essential information between the parties. Technological developments have enabled transactions by electronic means. Any such information/data collected by the parties should be used only for the specific purposes for which they were collected. The need arose, to create rights for those who have their data stored and create responsibilities for those who collect, store and process such data. The law relating to the creation of such rights and responsibilities may be referred to as ‘data protection’ law.The world’s first computer specific statute was enacted in the form of a Data Protection Act, in the German state of Hesse, in 1970.The misuse of records under the Nazi regime had raised concerns among the public about the use of computers to store and process large amounts of personal data.The Data Protection Act sought to heal such memories of misuse of information. A different rationale for the introduction of data protection legislation can be seen in the case of Sweden which introduced the first national statute in 1973.Here, data protection was seen as fitting naturally into a two hundred year old system of freedom of information with the concept of subject access (such a right allows an individual to find out what information is held about him) being identified as one of the most important aspects of the legislation.In 1995, the European Union adopted its Directive (95/46/EC) of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the Directive), establishing a detailed privacy regulatory structure. The Directive is specific on the requirements for the transfer of data. It sets down the principles regarding the transfer of data to third countries and states that personal data of EU nationals cannot be sent to countries that do not meet the EU “adequacy” standards with respect to privacy.In order to meet the EU “adequacy” standards, US developed a ‘Safe Harbour’ framework, according to which the US Department of Commerce would maintain a list of US companies that have self-certified to the safe harbor framework. An EU organization can ensure that it is sending information to a U.S. organization participating in the safe harbor by viewing the public list of safe harbor organizations posted on the official website.Data protection has emerged as an important reaction to the development of information technology. In India data protection is covered under the Information Technology Act, 2000 (hereinafter, the Act). The Act defines ‘data’ as, “‘data’ means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer”. Protection of such data and privacy are covered under specific provisions in the Act. In the recent past, the need for data protection laws has been felt to cater to various needs. The following analyses the position of data protection law with respect to some of the needs.Data Protection Law In Respect of Information Technology Enabled Services (ITES)India started liberalizing its economy in the 1990’s and since then a huge upsurge in the IT business process outsourcing may be witnessed. Financial, educational, legal, marketing, healthcare, telecommunication, banking etc are only some of the services being outsourced into India. This upsurge of outsourcing of ITES into India in the recent past may be attributed to the large English-speaking unemployed populace, cheap labour, enterprising and hardworking nature of the people etc. Statistics have shown that the outsourcing industry is one of the biggest sources of employment. In a span of four years, the number of people working in call centers in the country supporting international industries has risen from 42,000 to 3,50,000. Exports were worth $5.2 billion in 2004-2005 and are expected to grow over 40% this fiscal year. US is currently the biggest investor in Indian ITES, taking advantage of cheap labour costs. Statistics indicate that software engineers with two-years experience in India are being paid about 1/5th of an equivalent US employee.Concerns about adequacy of lawBPO FraudsWith globalization and increasing BPO industry in India, protection of data warrants legislation. There are reasons for this. Every individual consumer of the BPO Industry would expect different levels of privacy from the employees who handle personal data. But there have been situations in the recent past where employees or systems have given away the personal information of customers to third parties without prior consent. So other countries providing BPO business to India expect the Indian government and BPO organizations to take measures for data protection. Countries with data protection law have guidelines that call for data protection law in the country with whom they are transacting.For instance, in, the European Union countries according to the latest guidelines, they will cease to part with data, which are considered the subject matter of protection to any third country unless such other country has a similar law on data protection. One of the essential features of any data protection law would be to prevent the flow of data to non-complying countries and such a provision when implemented may result in a loss of "Data Processing" business to some of the Indian companies.In the recent past, concerns have been raised both within the country as well as by customers abroad regarding the adequacy of data protection and privacy laws in the country. A few incidents have questioned the Indian data protection and privacy standards and have left the outsourcing industry embarrassed. In June 2005, ‘The Sun’ newspaper claimed that one of its journalists bought personal details including passwords, addresses and passport data from a Delhi IT worker for £4.25 each. Earlier BPO frauds in India include New York-based Citibank accounts being looted from a BPO in Pune and a call-center employee in Bangalore peddling credit card information to fraudsters who stole US$398,000 from British bank accounts.UK's Channel 4 TV station ran broadcast footage of a sting operation exposing middlemen hawking the financial data of 200,000 UK citizens. The documentary has prompted Britain's Information Commissioner's Office to examine the security of personal financial data at Indian call centers.In the absence of data protection laws, the kind of work that would be outsourced to India in the future would be limited. The effect of this can be very well seen in the health-care BPO business, which is estimated to be worth close to $45 billion. Lack of data protection laws have left Indian BPO outfits still stagnating in the lower end of the value chain, doing work like billing, insurance claims processing and of course transcription. Besides healthcare, players in the retail financial sector are also affected. Financial offshoring from banks is limited because of statutory compliance requirements and data privacy laws protecting sensitive financial information in accounts. In the Human Resource (HR) domain, there are many restrictions on sharing of personal information. In the medical domain, patient history needs to be protected. In credit card transactions, identity theft could be an issue and needs to be protected. Companies in the banking, financial services and insurance (BFSI) sector and healthcare have excluded applications/processes which use sensitive information from their portfolio for offshoring till they are comfortable about the data protection laws prevalent in the supplier country.Since there is lack of data protection laws in India, Indian BPO outfits are trying to deal with the issue by attempting to adhere to major US and European regulations. MNCs have to comply with foreign Regulations so that they don’t lose on their international partners. There are problems involved in this. Efforts by individual companies may not count for much if companies rule out India as a BPO destination in the first place in the absence of data protection law.Today, the largest portion of BPO work coming to India is low-end call centre and data processing work. If India has to exploit the full potential of the outsourcing opportunity, then we have to move up the value chain. Outsourced work in Intellectual Property Rights (IPR)-intensive areas such as clinical research, engineering design and legal research is the way ahead for Indian BPO companies. The move up the value chain cannot happen without stringent laws. Further, weak laws would act as deterrents for FDI, global business and the establishment of research and development parks in the pharmaceutical industry.Looking to the above scenario, we can say that for India to achieve heights in BPO industry stringent laws for data protection and intellectual property rights have to be made. . Thus, a law on data protection on India must address the following Constitutional issues on a "priority basis" before any statutory enactment procedure is set into motion:(1) Privacy rights of interested persons in real space and cyber space.(2) Mandates of freedom of information U/A 19 (1) (a).(3) Mandates of right to know of people at large U/A 21.Once the data protection rules are enforced in India, companies outsourcing to India are unlikely to dismantle the systems they have in place straightaway, and move data more freely to India. Hence ,the need for data protection laws would win over the confidence of international business partners; protect abuse of information; protection of privacy and personal rights of individuals would be ensured; there would be more FDI inflows, global business and the establishment of research and development parks in the pharmaceutical industry & impetus to the sector of e-Commerce at national and international levels would be provided.Data protection law in India (Present status):-Data Protection law in India is included in the Act under specific provisions. Both civil and criminal liabilities are imposed for violation of data protection.(1) Section 43 deals with penalties for damage to computer, computer system etc.(2) Section 65 deals with tampering with computer source documents.(3) Section 66 deals with hacking with computer system.(4) Section 72 deals with penalty for bsignNow of confidentiality and privacy. Call centers can be included in the definition of ‘intermediary’and a ‘network service provider’ and can be penalized under this section.These developments have put the Indian government under pressure to enact more stringent data protection laws in the country in order to protect the lucrative Indian outsourcing industry. In order to use IT as a tool for socio-economic development, employment generation and to consolidate India’s position as a major player in the IT sector,amendments to the IT Act, 2000 have been approved by the cabinet and are due to be tabled in the winter session of the Parliament.Proposed amendments:-The amendments relate to the following[22]:(i) Proposal at Sec. 43 (2) related to handling of sensitive personal data or information with reasonable security practices and procedures.(ii) Gradation of severity of computer related offences under Section 66, committed dishonestly or fraudulently and punishment thereof.(iii) Proposed additional Section 72 (2) for bsignNow of confidentiality with intent to cause injury to a subscriber.It is hoped that these amendments will strengthen the law to suffice the need.Data Protection Laws In Order To Invite ‘Data Controllers’.There has been a strong opinion that if India strengthens its data protection law, it can attract multi-national corporations to India. India can be home to such corporations than a mere supplier of services.In fact, there is an argument that the EU’s data protection law is sufficient to protect the privacy of its people and thus lack of strong protection under Indian law is not a hindrance to the outsourcing industry. To enumerate, consider a company established in EU (called the ‘data controller’) and the supplier of call center services (‘data processor’) in India. If the data processor makes any mistake in the processing of personal data or there are instances of data theft, then the data controller in the EU can be made liable for the consequences. The Indian data processor is not in control of personal data and can only process data under the instructions of the data controller. Thus if a person in EU wants to exercise rights of access and retrieve personal data, the data controller has to retrieve it from the data processor, irrespective of where the data processor is located. Thus a strong data protection law is needed not only to reinforce the image of the Indian outsourcing industry but also to invite multi-national corporations to establish their corporate offices here.Data Protection And TelemarketingIndia is faced with a new phenomenon-telemarketing. This is facilitated, to a large extent, by the widespread use of mobile telephones. Telemarketing executives, now said to be available for as low as US $70 per month, process information about individuals for direct marketing. This interrupts the peace of an individual and conduct of work. There is a violation of privacy caused by such calls who, on behalf of banks, mobile phone companies, financial institutions etc. offer various schemes. The right to privacy has been read into Article 21, Constitution of India, but this has not afforded enough protection. A PIL against several banks and mobile phone service providers is pending before the Supreme Court alleging inter alia that the right to privacy has been infringed.The EC Directive confers certain rights on the people and this includes the right to prevent processing for direct marketing. Thus, a data controller is required not to process information about individuals for direct marketing if an individual asks them not to. So individuals have the right to stop unwanted marketing offers. It would be highly beneficial that data protection law in India also includes such a right to prevent unsolicited marketing offers and protect the privacy of the people.Data Protection With Regard To Governance And PeopleThe Preamble to the Act specifies that, the IT Act 2000, inter alia, will facilitate electronic filing of documents with the Government agencies. It seeks to promote efficient delivery of Government services by means of reliable electronic records. Stringent data protection laws will thus help the Government to protect the interests of its people.Data protection law is necessary to provide protection to the privacy rights of people and to hold cyber criminals responsible for their wrongful acts. Data protection law is not about keeping personal information secret. It is about creating a trusted framework for collection, exchange and use of personal data in commercial and governmental contexts. It is to permit and facilitate the commercial and governmental use of personal data.The Data Security Council of India (DSCI) and Department of Information Technology(DIT) must also rejuvenate its efforts in this regard on the similar lines. However, the best solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that we must pay attention to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. When even PMO's cyber security is compromised for many months we must at least now wake up. Data bsignNowes and cyber crimes in India cannot be reduced until we make strong cyber laws. We cannot do so by mere declaring a cat as a tiger. Cyber law of India must also be supported by sound cyber security and effective cyber forensics.Indian companies in the IT and BPO sectors handle and have access to all kinds of sensitive and personal data of individuals across the world, including their credit card details, financial information and even their medical history. These Companies store confidential data and information in electronic form and this could be vulnerable in the hands of their employees. It is often misused by unsurplous elements among them. There have been instances of security bsignNowes and data leakages in high profile Indian companies. The recent incidents of data thefts in the BPO industry have raised concerns about data privacy.There is no express legislation in India dealing with data protection. Although the Personal Data Protection Bill was introduced in Parliament in 2006, it is yet to see the light of day. The bill seems to proceed on the general framework of the European Union Data Privacy Directive, 1996. It follows a comprehensive model with the bill aiming to govern the collection, processing and distribution of personal data. It is important to note that the applicability of the bill is limited to ‘personal data’ as defined in Clause 2 of the bill.The bill applies both to government as well as private enterprises engaged in data functions. There is a provision for the appointment of, “Data Controllers”, who have general superintendence and adjudicatory jurisdiction over subjects covered by the bill. It also provides that penal sanctions may be imposed on offenders in addition to compensation for damages to victims.The stringency of data protection law, whether the prevailing law will suffice such needs, whether the proposed amendments are a welcome measure, whether India needs a separate legislation for data protection etc are questions which require an in-depth analysis of the prevailing circumstances and a comparative study with laws of other countries. There is no consensus among the experts regarding these issues. These issues are not in the purview of this write-up. But there can be no doubt about the importance of data protection law in the contemporary IT scenario and are not disputable.
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Is there a list anywhere of all publicly-traded SaaS companies?
This is my personal list, in 2016, this portfolio gained 40%+.Ticker CompanyBNFT Benefitfocus, Inc.BOX Box, Inc.BSFT BroadSoft, Inc.CRM Salesforce.com, Inc.CSOD Cornerstone OnDemand, Inc.HUBS HubSpot, Inc.LOGM LogMeIn, Inc.MDSO Medidata Solutions, Inc.NEWR New Relic, Inc.NOW ServiceNow, Inc.QLYS Qualys, Inc.RNG RingCentral, Inc.RP RealPage, Inc.SHOP Shopify Inc.SPLK Splunk Inc.SPSC SPS Commerce, Inc.TEAM Atlassian Corporation PlcTWOU 2U, Inc.ULTI The Ultimate Software Group, Inc.VEEV Veeva Systems Inc.WDAY Workday, Inc.WIX Wix.com Ltd.ZEN Zendesk, Inc.Large software companies like MSFT & ORCL are omitted from this list as this list represents companies who derive 65%+ of their revenue from recurring revenues / monthly fees.
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