Nextgen Legal Services comes with team of professionals which has 50+ years of experience in total for providing legal aid for Individual & Body Corporate and specialized in recent laws which is mandatory to follow for a body corporate. NGLS services include Cyber Laws, POSH, POCSO, Contracts, Corporate affairs, Insurance, Marine claims, Immovable & Movable Property laws, Labour, Consumer, Civil, and Criminal matters. We have represented various clients including Oriental Insurance, Domino Pizza, KFC, Ammis Biryanni, IFFICO TOKIO etc. . . .
Cyber & Privacy Law
Information technology Act 2008 brings in section 43A which states as below
Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining “Reasonable Security Practices” and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation, not exceeding five crore rupees, to the person so affected.
Further Rules are defined by Department of Information Technology in 2011 for “Due Diligence” to be followed by body corporate where information is held:
Rule 3 – Sensitive Personal Information.
Rule 5 – Collection of Information.
Rule 6 – Disclosure of Information.
Rule 7 – Transfer of Information.
Rule 8 – Reasonable security practice and procedures.
The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 Makes it Mandatory for a Body Corporate to :
Chapter II – Constitution of Internal Complaints Committee
Section 4 – Constitution of Internal Complaints Committee
Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the "Internal Complaints Committee":
Chapter V - INQUIRY INTO COMPLAINT
Section 12 - Action during pendency of inquiry
Section 13 - Inquiry report
Section 14 - Punishment for false or malicious complaint and false evidence
Section 15 - Determination of compensation
Section 26 - Penalty for noncompliance with provisions of Act
1. Where the employer fails to
Constitute an Internal Committee under sub-section (1) of section 4;
Take action under sections 13, 14 and 22; and
Contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees.
2. If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to:
Twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence:
Cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.
Few of the expertise legal compliance from NGLS are:
Cyber Law & Cyber Forensics: The firm has core competency in Information Technology Act, Rules. Team includes professionals with Techno Legal background & provides legal guidance to Individual & Body corporate for Implementation of "Due Diligence", "Reasonable Security Practice" and Privacy Laws.
Insurance: The services under Insurance include Investigation, Recovery which may lead to Litigation & handled Arbitration for out of court settlement.
Corporate Affairs: The services rendered for Registration of companies, guidance on statutory requirements and timely update on relevant laws.
Labour Law: The services rendered under Labor Law include updates on laws related to HR, NDA, employee-employer disputes, Arbitration, Disciplinary Committee.
Prevention of Sexual harassment (POSH) at work place: The services rendered under POSH includes guidance, implementation of process required by body corporate, initial screening of compliant, Investigation & report, team will be part of proceeding committee.
Conveyance of properties are drafted with due diligence for protecting individual interest who are related to the contract, further verification of properties & Registrations as per laws.
Liasoning: The services with Liasoning includes co-ordination with government / semi government authorities for processing different requirement from companies.
Web based updates: We have developed web based software to manage, monitor & update our clients