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FAQs
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How do I manage safe and convertible noteholders when raising my series A?
How do I manage SAFE and Convertible Noteholders when raising my Series A? The proliferation of SAFEs and Convertible Notes the past few years has given rise to a new problem when raising your Series A financing – “party rounds” with a lot of stakeholders who prove difficult to manage.More and more, we are seeing Series A companies with a signNow number of outstanding converting securities. The range for Series A financings we have worked on in 2017 and 2018 has been anywhere from twenty to sixty converting securities, with the majority being SAFEs. Total Seed financing has increased such that the range we are now seeing is a couple of million dollars up to ar...
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What would I need to do to start a successful career as a luxury real estate agent?
Luxury Real Estate is the best yet you have to be fully prepared for it.There are a lot of factors you need to consider before getting into Luxury Real Estate.First, you need to understand what exactly is the Luxury Real EstateA luxury agent is someone that does not deal in typical homes, instead, they deal mainly in the luxury market. That is to say, homes and properties that average in the millions of dollars in value. These agents may also deal in vacation homes overseas or in exotic locations, and specialty properties that average agents do not have access to. These agents are going to be high power, high drive, and very busy. Agents that are classified as luxury agents are going to make far more on commission on one sale than an average agent might make all year.Sounds something very attractive, That is right.Now the question is how to become one?So becoming a luxury agent is as easy as taking multi-million dollar listing and going with it right? Wrong. Becoming a luxury agent has nuances and tips that will help you break into the market and gain the trust of your sellers and potential buyers. The first step is to learn the game. You need to be well versed in the market, well versed in what being a luxury agent entails, and well versed in how to make the most of your sales. If you have no experience in real estate you need to start there in order to avoid potential lawsuits and other issues.The next step is to take the time to look like a luxury agent. You can have the best listing in the world but if you look like you just rolled out of bed, odds are buyers and sellers alike are not going to have much faith in you. You need to do a few things. First, pay for luxury branding, this means expensive looking business cards, top of the line advertising and a website that lets everyone know you know what you are doing. You should also take the time to dress the part in luxury clothes that make you look like a success.You should also be able to use the latest technology in the business. Using things like apps, websites, electronic signature software, and showing feedback software can all make you look like you are at the top of your game which will help drive buyers and sellers alike to you. Interactive yard signs are also a great addition to your arsenal as well as cloud document storage and the latest gadgets can all let your buyers and sellers know that you are a success and that you are evolving with the times.Still another thing to consider is your listing presentation. Your listing is going to show others that you are not just another person that sells houses. Pay for the extra luxurious branding and listing packages, take the time to memorize your presentation and encourage others to join in on your presentation so that you can make your potential buyers feel welcome and important.Lastly, you need to take the time to make sure that your follow up game is on point. Make sure you are taking the time to send out emails, take phone calls, and stay in touch with both potential buyers and sellers so that you can assure them you are doing all you can to get their sale off the ground. Your customers are your biggest asset and can help send you from a one luxury property agent to a multi-property agent that has the experience and the gusto that it takes to be a real luxury agent.Here is one stop to get this allLH-REX | LUXURY HOME REAL ESTATE EXPERTNow the last part is why bother becoming a real estate agent?Aside from higher commissions, being a luxury agent comes with a certain something that really makes your reputation. Having luxury listings can help you get tons of points when it comes to your reputation and your brand prestige as well. Having luxury listings and being a luxury agent are two different things. If you really want to be the luxury agent of your dreams, you have to be willing to play the part and truly work for what you want.With hard work and dedication anyone, even starting agents, can become luxury listing agents and can really break into the industry and become something more. Luxury agents have the prestige to snag celebrity clients, are often invited to luxe industry events and are even part of a special circle that reflects your hard work and dedication making for an end result that is well worth the work and well worth the struggle.Some part of the writing are taken from a Blog.Blog Author: Shahla JalaliCOO OF Global Real Estate Licence
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What are the regulations for online beer sales in the UK?
Selling online: an overview of the rulesThis is an edited version of a guide for businesses.E-commerce TMT & Sourcing TMT Retail Education UKThere has been a steady growth in the variety and volume of goods and services which are available on-line to both businesses and consumers, and on-line selling is increasingly seen as a major way for all businesses to save costs. Almost inevitably, as the practice of on-line selling proliferates so does the amount of legislation governing it. This article provides an overview of the law governing on-line sales in the UK and an analysis of the issues that a business should consider before setting up an on-line sales process.The law governing online salesThere are two distinct types of legislation that affect on-line retailers. Firstly, traditional consumer protection regulations apply to all consumer sales made on-line. These regulations are well established, but it is important to remember that they apply to on-line retailers as much as they do to traditional ones. Secondly, there are regulations designed specifically to deal with problems and issues facing retailers on-line.Traditional consumer protection regulationsThese protect purchasers and consumers whether they are buying the goods over the counter of a shop or over the internet. For instance the Sale of Goods Act gives certain rights to purchasers about the quality of the goods they receive, and their rights if the goods fail to live up to these standards. The Consumer Credit Act protects consumers' rights when they enter into an agreement for someone to provide them with loans or credit facilities including circumstances where they buy goods or services using a credit card. The Unfair Terms in Consumer Contract Regulations protect consumers' rights where they enter into agreements with retailers who try to impose unfair terms in the agreement. There are also numerous other pieces of legislation, many of which will apply to different contract and product types.Online regulationsThese regulations are new, and were brought into force largely to protect consumers' rights when they buy products either over the internet or by telephone. They largely derive from EU Directives, and include the E-commerce Regulations , the Distance Selling Regulations and the Electronic Signatures Regulations . These are the regulations that control the actual on-line sales process and they provide the starting block from which we can consider the practical business requirements of on-line retailers.Although the traditional consumer regulations are important for all sales processes, this article focuses on the on-line regulations and how they affect the various stages of the on-line sales process. The next five sections take you through what the regulations require including information that must be provided to a purchaser, the use of electronic signatures, contract formation issues and ensuring your contract is legal.Information that must be suppliedThe various regulations share a central theme: companies should not hide themselves from purchasers, and should provide as much information to purchasers as possible.Company information that must be supplied under the E-Commerce RegulationsThe E-Commerce Regulations require that all commercial web sites make the following information directly and permanently available to consumers via the website:the company's name, postal address (and registered office address if this is different) and email address;the company's registration number;any Trade or Professional Association memberships;the company's VAT number.All of this applies regardlessof whether the site sells on-line. In addition, any commercial communication – that is any email or even SMS text message – used in providing an "Information Society Service" must display this information.The E-Commerce Regulations also require that all prices must be clear and unambiguous, and web sites must state whether the prices are inclusive of taxes and delivery costs.Contractual information that must be supplied under the E-Commerce RegulationsWhen it comes to actually going through the contractual process the requirements for information increase once again and the consumers must be told:the steps involved in completing the contract on-line;whether the contract will be stored by the retailer and/or permanently accessible;the technical means the site uses to allow consumers to spot and correct errors made while inputting their details prior to the order being placed;the languages offered to conclude the contract;The website must also provide links to any relevant Codes of Conduct to which the retailer subscribes and set out the retailer's Terms and Conditions, in a way which allows users to save and print them.All of this information must be provided before the purchaser selects the product and starts the contractual process and it is possible to convey it early on in the sale, without deterring users with an unwieldy sales process. The most common route is to bundle as many of these details into the terms and conditions as possible, and ensure that consumers are appropriately directed to read them.Information that must be supplied under the Distance Selling RegulationsThese Regulations set out the information which must be provided to a consumer prior to the conclusion of the contract.The information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used. This means that the information can be set out on a web page, provided that the information is brought to the attention of the consumers before the contract is entered into. The information to be provided includes all of the information which a supplier should, in any event, wish to provide in relation to:the identity of the supplier;the main characteristics of the goods or services;their price;arrangements for payment and delivery; andthe existence of the right of cancellation created under the Distance Selling Regulations.Information that should be set out in the terms and conditionsThe terms and conditions should:make it clear who is selling the product, together with the geographical and email address;describe clearly what the customer is getting and what it will cost, including all taxes and delivery costs; andidentify the arrangements for delivery of the product.The terms and conditions of the site are very important, and will vary for every retailer. It is important that the terms and conditions are properly drafted, as poorly drafted terms and conditions will expose the retailer to unnecessary risk.Electronic signaturesThe Electronic Signature Regulations apply to any contract and not just those entered into with consumers. In order for there to be a binding contract the following essential elements of a contract must be present:an unconditional offer;an unconditional acceptance of that offer;consideration passing from both parties other than in Scotland where consideration is not a requirement; andan intention to create legal relations, i.e. the parties must intend to enter into a legally binding contract.There must also be certainty as to the terms, parties and subject matter of the contract. For the majority of contracts there is no legal requirement for a signature.Whenever a person buys or sells something he or she is entering into a contract, no matter how small the purchase. In the newsagents, when a person buys a newspaper he or she contracts with the newsagent for the purchase. The newsagent makes an 'Invitation to Treat' by placing the publication on sale. The person offers to purchase it from the newsagent, proffering money, and the offer is accepted (concluding the contract) by taking the money. This is still a contract, although not a word needs to be said, and nothing is written down. However, the essentials of a contract have been formed: an offer (to buy, or sell), an acceptance of that offer, and (everywhere except Scotland) consideration (whether money being paid, or some other form of consideration) for the sale. The various stages of the contractual process will be discussed in more detail later, as it is important to distinguish between who is making the offer and who is accepting it.Signatures are not actually necessary for the conclusion of every contract (your visit to the paper shop could become a chore), but they can have three essential functions when we consider on-line contracts:To identify the person who has bought the product;To indicate a personal involvement, or trustworthiness; andTo indicate an intention to be bound to the contract.The principal, and simple effect of the Electronic Signature Regulations is to make electronic signatures legally valid. Most of the discussion, and further interpretation of electronic signatures actually comes from a report published in December 2001 by the Law Commission entitled "Electronic Commerce: Formal requirements in Commercial Transactions", and in subsequent guidance from the DTI.Depending on exactly what is being sold the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract. However, for more complex products being sold on-line, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.Depending on the value and/or importance of the transaction the parties may want a greater degree of certainty as to reliability of the signature. This may involve the use of public key infrastructure, for example.Contract formation issuesThe main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.The offer and acceptance procedure onlineStep 1: Establishing the offer and acceptance procedureThis is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.Step 2: Completing the order formThe customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.Step 3: Incorporating the terms and conditionsAt the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.It is wise to also include a term like the following:"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."The words, "if accepted by us," are very important.This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.Step 4: Taking the consumer's credit card details on-lineAt this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.Step 5: Acknowledging receipt of the orderWhen the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.Step 6: Providing confirmation of the information provided and the right to cancelThe Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.Step 7: DeliveryFinally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.The "country of origin" principleThe E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.Despite this signNow qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.Ensuring your contract is legalIt is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.
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What is it like to meet APJ Abdul Kalam?
15 minutes of one to one conversation with Dr. Abdul kalam!!!!!!Childhood dream come true!!!! After 13yrs worth struggle.Words cannot describe the feeling, it's like you are high or the body is pumped with endorphins. It always remind me of the climax scene of the film, Pursuit of Happiness.Long story ahead.BackgroundI was not a bright student nor did I had any great accomplishments. I was one of the most average student of any school. I was a 6th standard student when Dr. Kalam became the President of India and I was supposed to give a speech on “The leader I admire most” and that speech about him blew my mind. I became a fan and I followed his teachings. At the age of 10 years I decided, I want to meet him.I was living in a small village of Kerala. My father was a government servant and mother a school teacher. I had no idea, how to achieve that dream. 2 years later Dr. Suresh Karun, who was a part of Vision 2020, visited our school. He said he will help me chat with Dr. Kalam next time he comes to my school, through the school computer. Sadly he died before his next visit and with him my hope.I studied in Amrita Vidyalam. So in a function in Kochi I volunteered from my school to stay because Kalam was supposed to come. I was 13 years old at that time. For 10 days I shared a room with 20 around people and slept on the floor and ate simple food that was served. And that was the first time I met him. I still remember him coming to the stage giving the speech. I was among the 50,000 people in the stadium. I saw him from far and was inspired and thrilled. Yet I had the wish to meet him in person. Then one such event happened again after an year and I got a nearer seat. And I concluded that this is as far as I could go, as Dr. Kalam meets only exceptionally great students. I gave up on the hope.After some years, I started writing poems in my 12th and wrote a poem about what is optics and it's application in human life. I wanted to gift that to Dr. Kalam Sir. So again the dream was awakened. But by that time he was no longer the President and I had no means to contact him.After I joined college, this dream of meeting him keeps coming and going in my mind. So I searched on net and got his email and sent him a mail. There was no response. I then found out his address and sent him a letter, again no response. So I lost hope all togetherTurning pointI visited Delhi with my family in 2015 for 5 days. While staying there my mom asked me to try again. We met with a Kerala M.P. there and I asked him to help, he tried but couldn't get an appointment. So as I was about to give up on the dream I searched the net again for something and I got the phone number of Dr. Kalam P.A. on his website. I called him up and said that I want to meet Dr. Kalam.He said you have one minute , tell me why you want to meet Dr. Kalam. I don't remember what I said exactly. It was the struggle of 13 years I said in that one minute.And he replied: congratulations !! You can meet him. There is a cancellation of the 8:30 pm appointment for today. Come with your family and don't forget to bring a camera.I was too shocked to say anything. I remember jumping up and down on the corridors of Kerala house in Delhi for 5 minutes.Meeting with the MahatmaAnd I went to his house on Rajaji marg half hour early. They asked my name and let us in. We were waiting in the waiting room and I could see delegates of various fields with bouquet waiting for him. The walls were decorated with painting of small children.As they called me in we went in and there he was sitting across the table. He got up from his chair and welcomed us in and asked us sit on the couch.I told him, how I was the biggest fan of him. He talked about Kerala, Northeast, about doctors and about great scientist and inspired me to go into research. I gifted him my poem and he loved it. 4 lines were his favorite and as he praised me, my happiness had no bounds!!!! He asked me for my email and said he will mail me when he could (that didn't happen sadly and he left us soon) I took his blessings and he gave me his autograph. And I took his blessings.That day I realised you don't need to be the smartest or greatest to have big dreams and to achieve them. All you need is perseverance and determination2. Do not give up. If you fail, take a break, but never give up.3. If there is a will,bthere is a way4. Ignited minds could do wonders.5. Never underestimate yourself(Dear gouri. Greetings. APJ Abdul kalam. Knowledge makes you great. He read it out as he was writing and asked me to read it twice in front of him)EDIT- Poem that I wrote (as per request). I was in 12th standard and had minimal exposure to physics. (It started out as everybody was complaining why we should study optics for the upcoming class test), sorry it's kind of lengthy.AN INTEROCEPTIONToday a new world unfolded in front of meOptics welcomed me inI pursued enthralledAnd I deciphered thatScience is the essence of humanityThe mirage man chase his entire lifeOnly to realize the gospel truth of it beingAn illusion at the endGood advices are refractedAnd random act of kindness reflectedHere is where the law comes into playThe angle of incidence and reflection are the sameBright and dark fringes are part lifeObstrucles are what we encounter in life’s journeyYeah,they are the interferencesCurse and see the negative side to get a destructive interferenceAnd lose what you already have gotCelebrate them and embrace a constructive interferenceAnd add up experiencesIf the hindrance is too sharp edged …….A little bit deflection would do the work(Dr. Kalam’s favourite line :last 4)The world around is mixed so good and badChoose the polarsing plane you wishHope and faith are the rainbows of lifekindness and forgiveness are total internally reflected.Our life is blessed with colorsThe colors of your life is determined by youYour wavelengthMicroscoping the sin of othersUsing binoculars lets look into the soul of othersThus let’s increase the resolving power of our heartWherever I look, I seeOptics beaming. At meIt was all around meOnly now did I realize its divine touchThanks to my teachersAnd those master brainsWho gave us the opportunityTo know the charm of optics-GOURI PRASAD
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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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How can I register a marriage in India?
In India, the procedure for marriage registration is common for all States. There is no such separate laws for different states. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.The Hindu Marriage Act is applicable only to the Hindus, whereas the Special Marriage Act is applicable to all citizens of India. The Hindu Marriage Act provides for registration of an already solemnised marriage. It does not provide for solemnisation of a marriage by the Registrar. The Special Marriage Act provides for solemnisation of a marriage as well as registration by a Marriage Officer.Procedure to apply marriage certificate in India-Under the Hindu Marriage Act-Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage.Fill the Application form duly signed by both husband and wife.Verification of all the documents is carried out on the date of application and a day is fixed for the appointment and communicated to the parties for registration.Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses.The Certificate is issued on the same day.Documents Required-Completely filled application form signed by both husband and wife Proof of Address- Voter ID/ Ration Card/ Passport, Driving License;Proof of Date of Birth of both husband and wife 2 passport sized photographs,1 marriage photographSeparate Marriage Affidavits in prescribed format from Husband & Wife Aadhaar Card All documents must be self attested.Marriage Invitation Card.2. Under the Special Marriage Act:The parties to the intended marriage have to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice.If either of the parties is residing in the area of another Marriage Officer, a copy of the notice should be sent to him for similar publication.The marriage may be solemnised after the expiry of one month from the date of publication of the notice, if no objections are received.If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnise the marriage or to refuse it.Registration will be done after solemnisation of the marriage.However, for marriage in India the bridegroom and the bride must have completed 21 years and 18 years of age respectively. Documents for both will be same.If you are in need of a top most Lawyer for Marriage Registration in Maharastra then you can signNow out to Legalresolved which is an online platform where you can find solutions to your legal queries, contact lawyers for legal aid, and manage appointments with the best and topmost lawyers in your city or you can also contact us on 08929-902-903.
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Who are the most notable figures persecuted for queer acts or otherwise outed and attacked under charges of homosexuality?
Alan Turing: widely considered to be the father of Computer Science and Artificial Intelligence. During World War II, Turing worked for the code-breakers at Bletchley Park, Britain's codebreaking center. He devised - almost single-handedly - an electromechanical version of the bombe, a machine invented by Polish code-breaker Marian Rejewski, that was used to break the German Enigma machine cipher. This single development is widely considered to have enabled the Allied navies to win the Battle of the Atlantic by reading the German High Command's orders to its U-boats. At the time, Turing's sexual orientation was well known to government officials, but his value to the war effort protected him from persecution.After the war, Turing's homosexuality resulted in a criminal prosecution in 1952, as homosexual acts were still illegal in the The United Kingdom. He accepted treatment with female hormones (chemical castration) as an alternative to prison. He died in 1954, several weeks before his 42nd birthday, from cyanide poisoning. An inquest determined it was suicide. On 10 September 2009, following an Internet campaign, British Prime Minister Gordon Brown (former British Prime Minister) made an official public apology on behalf of the British government for the way in which Turing was treated after the war.
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