Q1. What is Functional Equivalent Approach?
Ans- Functional equivalent approach extended notions includes “writing”, “signature” and “original” of traditional/old paper-based requirements to electronic form.
Q2- What is e-cheque?
Ans- It is a cheque which is “electronic form” means a cheque which comprises of the exact mirror image of a paper cheque, and is generated, written and signed in a e system ensuring the minimum safety standards with the use of digital signature .
Q3- What is meant by digital signature?
Ans- Digital signature is a mathematical algorithm of verifying the authenticity of digital documents message or any software.
Q4- What is the process of digital signature?
Ans-The process of digital signature involves two parties- signatory and recipient and the process is completed only when the recipient verifies it.
Q5-Whether electronic contracts are valid under the Information Technology Act,2000?
Ans- According to section 10A of information technology Act,2000 electronic contracts are valid and enforceable.
Q6-Whether contracts can be entered into by means of emails, VoIP services like Skype, gtalketcmobile phone/communication device etc.?
Ans-Yes legally enforceable contracts can be entered written or orally by means of emails and VoIP services.
Q7 – What is the difference between electronic signature and digital signature?
Ans-Electronic Signature is digital form of a wet link signature which is legal binding a. Digital Signature on other hand is a secured signature which works with electronic signature and it relies on public key infrastructure.
Q8-What all statutory requirements a company has to follow while obtaining digital
Signature ?
Ans – It is very essential for a company to obtain the digital signature from a licensed certifying authority.Digital signature can be issued to company personnel individually, but
not collectively.
Q9- .Suppose , I am subscriber of a digital or electronic signature whom should I approach in case of a dispute with my licensed Certifying Authority?
Ans- In such a case the subscriber should approach the Controller of Certifying Authorities for any such dispute resolution.
Q10- Who is adjudicating officer under the act?
Ans-The Central Government as per the Gazette Notification of Information Technology Rules, 2003
under the short title “Qualification and Experience of Adjudicating Officer and Manner of Holding
Inquiry” vide Gazette Notification dated 17th March, 2003 has notified ‘Eligibility
for Adjudicating Officer’.
Q11- In what sort of cyber contraventions companies (or any individual) can approach the
Adjudicating Officer?
Ans- Companies or any individual can approach to an adjudicating officer appointed under the Act for
any cyber contraventions related issues under section 43 and 43A of the IT Act,2000.
Q12- What is the maximum amount of compensation which can be awarded by the Adjudicating Officer?
Ans- The adjudicating officer can award financial compensation up to five crore of rupees.
Q13- What is the course of action available to my company if, it has suffered financial losses much
more than five crore of rupees?
Ans- If the affected company assesses the value of damage caused to him beyond rupees five crore,
then, the said company has to approach the competent judicial court for redressal.
Q14. At the time of adjudging the quantum of compensation what all factors does the Adjudicating
Officer take into consideration?
Ans- The Adjudicating Officer is required to take into consideration the following factors, while adjudging the quantum of compensation:
(I) the amount of gain by unfair advantage, wherever quantifiable, made as a result of the
default;
(II) the amount of loss caused to any person as a result of the default; and
(III) the repetitive nature of the default.
Q15- Suppose my company is aggrieved by the order of adjudicating officer should
approach?
Ans- You can approach to Cyber Appellate Tribunal (CAT) if your company is aggrieved by the
order of the Adjudicating Officer. The company has to file an appeal against the order of the Adjudicating Officer within 45 days from the date on which a copy
of the order made by the Controller or the Adjudicating Officer is received by the person so
aggrieved . However, the tribunal may entertain an appeal even after the expiry of
the said period of forty five days if it is satisfied that there was sufficient cause for not filing it
within that period.
Q16- Where is Cyber Appellate Tribunal situated?
Ans- It is presently located at Jeevan Bharti (LIC) building, Connaught Place (Rajiv Chowk), New Delhi.
Q17-Who has the power to investigate offences under the Act?
Ans-Police officers not below the rank of inspector have the power to investigate offences under
the act.