Digital Practice
PROFESSIONALS
30+
YEARS EXPERIENCE
2
AWARD WINNING LEADERS
Delivering Solutions for the Digital World
K&S Partners’ Digital Practice boasts a team of cross-functional specialists possessing profound expertise spanning the realms of technology, law, government, and regulatory affairs. The confluence of knowledge allows the practice to deliver comprehensive and integrated solutions, ensuring a truly holistic approach.
Business Areas
Training, Learning & Development
Consulting
Regulatory Affairs
Focus Areas
Privacy & Data Protection
GDPR and Privacy Laws
Data Life Cycle & Governance
Privacy Technologies
Assessments, Governance Risk and Compliance
Risk Management
SOC 1/2/3
HIPPA, PCI DSS, Hi Trust
ISO Certifications & Readiness
ITGC Controls, ISMS & BCMS and CSF
Third Party Audits
SOX Controls Testing
Cyber Strategy Framework
Business Resilience
Services Offered in Digital Practice
INCIDENT PREPAREDNESS
Design incident responses considering a variety of privacy regulatory regimes
Arrange statements of work (SoW) with forensic providers, implement cybersecurity frameworks and industry standards
INCIDENT RESPONSE
Partnership with forensic firms for conducting technical reviews of IT systems and vulnerability mitigation
Serve as “stand-by” cybersecurity counsel
DATA GOVERNANCE
Conduct internal cybersecurity and digital governance legal assessments and due diligence on behalf of boards and senior executives
Design and implement data governance systems for operational data use, including risk mitigation
Deliver operational and board-level training on cybersecurity matters
CYBERSECURITY INVESTIGATIONS AND LITIGATION
Act on behalf of companies in litigation arising out of cybersecurity or data breach incidents
Conduct internal investigations on behalf of board of directors with respect to corporate incidents and preparedness
TABLETOP TRAINING
Develop custom tabletop scenarios
Conduct on-site incident scenario exercise working with stakeholders
Team up with forensic firms to provide an added layer of complexity by engaging the IT department
CRISIS MANAGEMENT AND DATA BREACH INCIDENT RESPONSE
Respond to complex multi-jurisdictional data breaches worldwide, including advanced persistent threats
Assess legal obligations under various international regulations and contractual commitments
Engage and manage forensic service providers and other service providers
Liaise with regulators and law enforcement agencies
ICT Technology Transactions
Digital practice has the experience, creativity and industry knowledge to negotiate both domestic and international commercial transactions
Helping clients navigate the complexities of commercial agreements involving ICT technology to efficiently and effectively close business transactions.
Strategically structure and negotiate business relationships to help clients succeed and gain a competitive advantage with their products and services
The team has ICT technology transactions background with a combination of sophisticated law practices and in-house experience working with global technology companies.
Business Area & Services
Training, Learning & Development
ISO & Other Standards
Data Privacy (IAPP)
Consulting – Implementation
Privacy Management Program – Implementation – Related services
Information Security Management Program – ISO, PCI-DSS, SOC etc and other security – Implementation
Technical – Cyber Forensics
Consulting – Audit
Privacy
Information Security
Technical – Vulnerability Assessment/Penetration Testing
Data Protection Impact Assessment
Software Application Testing – information security & privacy
Data Risk Assessment Audit
Regulatory Affairs
Cyber Security – Interface with Regulator (Cert-in)
Telecom – Advisory on telecom network & deployment
Advocacy between Government and companies
Regulatory Support
Preparing the blueprint for self- regulatory body
Digital Practice Team
Ashish Marbaniang
Partner & Practice Lead
MEMBERSHIPS
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Frequently Asked Questions
How is IPR & Cyber law related?
With the technological advancements and innovations in cyber world the global markets have benefitted the copyright or patent owners. However, every good innovation has its own pitfalls as violation of IPR has become one of the major concerns because of the growth of cyber technology. The IPR and Cyber law go hand in hand and cannot be kept in different compartments and the online content needs to be protected.
The ever-increasing and evolving cybercrimes are not confined to cyber-stalking, frauds, cyberbullying, phishing, or spamming but are also infringement of IPR- copyright, trademark, trade secrets of businesses carried online, audios, videos, service marks by illegal practices like hyperlinking, framing, meta-tagging, and many more.
What are the challenges faced in protection of IPR in Cyber law?
Copyright Infringement: Copyright protection is given to the owner of any published artistic, literary, dramatic, or scientific work over his work to exclude everyone else from using that work on his own name and thereby gain profit from it.
The infringement of these copyrights includes the usage without the permission of the owner, making and distributing copies of software and unauthorized sale of the same, and illegitimate copying from websites or blogs.
Linking: Linking refers to directing a user of a website to another webpage by action of clicking on a text or image without leaving the current page. It poses a threat to rights and interests of the owner of the website and the owner can lose the income as it related to the number of users visiting the websites. It may lead users to believe that the two websites are linked and are under same domain and ownership.
Framing: Framing is another challenge and becomes a legal issue and debate subject over the interpretation of derivation and adaptation under Section 14 Copyrights Act, 1957. The framer only provides users the modus operandi to access copyrighted content which is retrieved from a website to browser the user is accessing so they cannot be held responsible for copying, communicating, or distributing the copyrighted content. The question arises whether getting the copyrighted content from a website and combining with some more to create one’s own will amount to adaptation or interpretation under law or not.