Quality Process Certification is an important
management strategy in the software industry to meet the global
competition.
One of the key aspects of such quality standards is the
Capability of an organization to meet unforeseen legal liabilities arising out
of operational negligence.
Such legal liabilities can cripple the Company financially
and also take the toll of top management and key staff. It will also dent the
image of the company in the market and reduce its competitive edge.
Examples of legal consequences affecting business prospects
can be seen in abundance India in the financial services sector. To a certain
extent the decline of Radiant Software can be attributed to the legal problems
encountered by the Company. Many other software and other companies in India
today are potentially at risk of being hauled over coal for various Cyber Law
offences.
Prudent managements should therefore start thinking on how
to reduce "Legal Risks" of business. A step in this direction has already been
initiated through US companies imposing HIPAA compliancy on Indian business
partners.
But this is only the beginning and unless concerted action
is taken at various levels, no Indian Company will fully be HIPAA compliant.
The passage of ITA-2000 and the proposed Convergence Act
will need Cyber Law Compliancy from Indian view point also.
The object of Naavi's Comprehensive Cyber Law Compliancy
plan for Indian software companies is to ensure development of an internal
process to assess the Cyber Law related risks and take preventive steps to
reduce the impact of such risks on business.
The proposed plan is as follows:
1. Sensitizing the Company on Cyber Law related risks
2. Educating top management on key legal provisions
3. Developing a CCL Plan of action and follow up.
It is necessary for Indian Software industry to
recognize that "There Is No Quality Without CCL Compliancy".
The time to act is now because tomorrow may be too late.
Naavi
May 29, 2002
(Naavi can
be contacted for more details)
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