Introduction

What is the most promising area of law today? Which industry is growing fastest and transforming human existence as we know it? Which companies give the best salary, best perks and best work-life balance?

You may have easily guessed the correct answer even if the page was not about a technology law course.

There was a time when people aspired to work for big consumer brands. These companies used to be at the forefront of innovation and economic development. These companies offered the best pay, amazing growth opportunities and great work conditions. Naturally, talented people flocked over to them to work as engineers, managers and leaders.

In our times, that place has been decisively occupied by technology companies. Out of the top 5 biggest companies in the world, all 5 are technology companies!

Technology is changing the world around us, faster than ever, and naturally, its share in the economy is rapidly growing. A big part of the GDP comes from technology today, especially in advanced countries, and of course, the more the merrier. As a result, laws and regulation of technology are also massively growing.

Today, technology law is one of the fastest-growing fields, as there has been an explosion of new work - from e-commerce, online aggregators, digital payments, data privacy, cross border money transfer or trade, cryptocurrency, the export of tech services, regulation of blockchain, drone regulations, regulations of automated vehicles and other robots, regulation of the Internet of Things, cybersecurity and legal issues arising out of many such key technological developments.

Technology law is not only very interesting, but it is also constantly evolving, keeping lawyers and businessmen on their toes. It is a very intellectually satisfying discipline to develop yourself in, and it frequently involves other disciplines such as IP law, constitutional law, criminal law, securities law, and many other laws. Government regulation is a key pain point for the technology industry and it invests heavily into hiring lawyers and policy experts.

Uber is a good example in hand. At a point when Uber repeatedly faced problems with the government, it hired more than 40 lawyers and policy experts within India itself. Incredibly, the legal team was bigger than any other team.

Other major technology companies, from Flipkart, Amazon, Ola to Hike, Trucaller or PayTM, all have sizeable legal teams too. Even companies like Facebook and Google hire Indian lawyers for their India or Asia-Pacific focused legal work. While smaller technology companies do not have their own legal teams, they frequently hire expensive law firms and lawyers to take care of various legal needs.

Over time, technology contracts have become complex. It is not possible to work in key management or leadership position in a technology company or startup without knowing how to understand, draft and negotiate technology-related agreements. This knowledge is critical whether you are outsourcing the creation of software, obtaining cloud-based services, preparing terms of service and privacy policy for a platform, granting a license or even uploading your own content.

A lot of legal and contractual work needs to be undertaken if you are setting up an e-commerce website, a wallet for your startup or a fintech startup. Cross-border legal risks need to be managed. Data protection and consumer-related concerns need to be kept in mind. These concerns need to be incorporated while designing business processes.

The demand for technology lawyers as well as managers who understand technology law and regulation is massively on the rise. It is foreseeable that this demand will remain high in the coming decades as revolutionary technology continues to change the face of human civilization.

Who should take this course?

• Managers, business heads and officers in charge of business decisions in tech companies, both in the products and services category.
• Lawyers working for technology and e-commerce companies such as Google, Facebook, Amazon, Uber, Flipkart etc.
• Lawyers looking to specialize in cyberlaw, technology law, Banking and Investment Law
• Cybersecurity officers and data protection officers
• Lawyers looking to build an independent technology law practice
• Law students looking to work in corporate law firms or big 4 consultancy firms
• Law students looking to work in fintech companies, banks or NBFCs

What is the career potential after doing this course?

• Today, each and every big and small law firm has a dedicated technology law team. In the past, they used to have teams that were called the TMT team. TMT stands for technology, media and telecom. However, at present, technology often gets its standalone practice group or team as it has far outstripped the other two sectors in the growth of legal work.
• There are law firms completely dedicated to the practice of technology law. They command an incredible premium from their clients. There are few practices as rewarding as that of technology law thanks to deep-pocketed and generous clients who are growing fast and do not hesitate to loosen their purse strings to get high-quality legal representation.
• The technology sector has been consistently attracting the biggest investments, which goes on to further highlight the importance of tech lawyers within law firms.
• Technology related disputes and litigation is constantly on the rise. Litigators also need to learn about technology law.
• Big tech companies are hiring in-house technology lawyers to deal with compliances, disputes, advisory work.
• The financial sector is seeing a major digital transformation. From online brokers, crowdfunding to P2P loans, there is a major change underway. This is a heavily regulated sector with many rules and regulations, and the involvement of lawyers is needed in every step.
• Banks, NBFCs and financial institutions are heavily investing in technology faced with competition from fintech companies. Both banks and transitional financial institutions as well as fintech companies are recruiting lawyers with knowledge of fintech regulations as well as technology law.
• Technology contracts represent a big segment of the work. Tech lawyers work on a variety of contracts that are typical of the technology industry.
• There are many independent technology lawyers catering to startups and SMEs with respect to technology contracts, tech regulations, investment and advisory work. This work also requires a high level of skills and such lawyers make very good money.
• We are yet just scratching the surface. As Indian technology is still nascent, the tech industry is heavily driven by foreign companies. This is expected to change as indigenous companies are developing and maturing.
• India has the world's largest and cheapest technology talent. This is the biggest reason behind the inevitable growth of the Indian tech industry in years to come. There is a lot to be done in the next 5 years. As a result, lawyers who can handle cross border financing transactions are in very high demand.
• There are many thinktanks and NGOs working in the area of technology law and regulations. They also hire many lawyers for legal research, policy advocacy and monitoring of legal developments.
• Government is increasingly empanelling and employing many technology lawyers as it is entering into various technology agreements as is implementing technology in various aspects of governance.
• You cannot learn these things by studying any particular laws, regulations or rules (although that knowledge is important), and there are no adequate books that can help you here. Success in technology law practice requires skills that are more varied than merely knowing the provisions of various statutes.

Check out the learning objectives to understand what you will exactly need to learn.

Potential employers

• Government
• Regulators
• Technology product companies
• SAAS
• Technology consulting service providers
• Law firms
• Independent lawyers specializing in technology and startup space
• Digital marketing agencies
• Large conglomerates
• Big technology companies

What is unique about this course?

• The course is not limited to a provision-by-provision study of some statutes and associated case laws alone.
• This course is not only helpful for lawyers, but even managers, decision-makers, directors and founders can also do this course and immensely benefit from the knowledge.
• Cyberlaw, cybercrimes, cybersecurity etc are a subset of technology law and has been thoroughly covered in this course.
• Data protection laws including GDPR has created a lot of work for technology lawyers
• The course trains you on different kinds of actual work that is required to be performed by lawyers and other professionals. After finishing the course, you will have acquired as much practical knowledge as a lawyer working at a big law firm in the TMT team will know after a year or two.
• It is not a mere theoretical study, but hands-on practical lessons where you will have to draft a lot of documents and develop strategies.
• The course is tough and intensive, you will not be awarded the certificate unless you complete all the exercises. You have to spend 8-10 hours per week on this course.
• You will get personal attention and coaching from the trainer, and get individual feedback on the quality of work you produce
• You will be writing an article every month and with our guidance publish the same either on iPleaders blog or various other industry publications
• We will provide you with a free course on professional networking, CV writing and interview skills so that you can easily find jobs.
• Those who perform well in class will be recommended to top law firms for internships and jobs. If you do not need such help, let us know in what other way we can help you.
• After completing the course, you will be able to perform various tasks that fall in the domain of technology law, regulation, compliances and technology contracts and be at ease with different aspects of technology licensing, due diligence etc. Even if you work as a general in-house lawyer, or a lawyer in the banking & finance, M&A, Private Equity or Venture Capital space, and with respect to technology law aspects even if you pursue litigation or arbitration.

Money-back guarantee

If you take this course, follow it diligently for a month, do all the exercises but still do not find value in it, or not able to understand or follow it or not find it good for any reason, we will refund the entire course fee to you. It is a 100% money-back guarantee with only one condition, you must pursue it properly for a month. If you don’t find it valuable after that, get your entire money back.

View Refund Policy

Training Methodology

Online 24/7 access

Access to basic study material through an online learning management system, Android and iOS app

Hard Copy Study Material

Hard copy study material modules to be couriered to your address

Practical Exercises

2 practical exercises every week, followed by written feedback

Live Online Classes

Based on the exercises, there will be a live video-based online class. You can ask questions, share your screen, get personal feedback in this class.

Convenient Class timings

Classes are held after regular work hours. Typically classes are kept on Sunday afternoon or 8-9 pm on other days.

Live Doubt Clearing

You can ask questions, get your doubt cleared live as well as through online forums

National Occupational Standards (NOS)

This course is based on and aligned to the National Occupational Standards (NOS) which are followed by the Management & Entrepreneurship and Professional Skills Council (MEPSC) for the Skill India initiative. 

The National Skills Qualification Framework (NSQF) is a framework to organise qualifications according to a series of levels of knowledge, skills and aptitude. These levels, graded from one to ten, are defined in terms of learning outcomes which the learner must possess regardless of whether they were acquired through formal, non-formal or informal learning. It is, therefore, a nationally integrated education and competency-based skill and quality assurance framework that will provide for multiple pathways, horizontal as well as vertical, including vocational education, vocational training, general education and technical education, thus linking one level of learning to another higher level. This will enable a person to acquire desired competency levels, transit to the job market and at an opportune time, return for acquiring additional skills to further upgrade their competencies. It specifies the standards of performance which an individual must achieve, in order to carry out a function in the workplace and the knowledge and understanding required to meet this performance standard consistently. 

The corresponding NOS code MEP/N1204 mapped to Maintenance Of Records And Documentation In A Law Firm is oNSQF level 4.

Certification

This course is certified by MEPSC (a sector skill council under NSDC). NSDC is India's Premier skilling company which was setup by the Ministry of finance under the PPP model. The Ministry of Skill Development and Entrepreneurship holds a 49% stake in NSDC.

The association with LawSikho is mentioned on the MEPSC website (screenshot below):
https://www.mepsc.in/e-courses/

Evaluation of NOS by MEPSC and grant of certificate

Students who complete the assignments successfully shall secure a certificate from LawSikho and shall get a chance to be evaluated by MEPSC for their NOS Code Module. The evaluation by MEPSC will most likely be through a Multiple Choice Questions test and Viva Voce. 

Students who clear this test successfully shall secure a certificate from MEPSC based on applicable NOS.

Below is how the certificate from LawSikho will look:

This is how the certificate from MEPSC will look as per the current applicable format (may change as per the approval authorities):

What will you learn?

• Get exposure to strategic and drafting work in connection with cyber and technology laws and contracts, fintech and e-commerce
• Learn how to handle technology contracts - from negotiation to execution and enforcement
• Learn how to draft different kinds of technology contracts and advise technology companies on the execution of software development and service level contracts, technology licenses, revenue models around open source licensing and other issues.
• Advise businesses, artists, sports federations and authors on unique contracts such as technology transfers, e-book publishing agreements, music licensing agreements, video-game licensing agreements etc.
• Learn how to structure e-commerce ventures, take foreign investment into them, execute end-to-end customer, supplier and logistics-related documentation
• Perform end-to-end contract drafting work for subscription-based websites
• Learn how to perform advisory workaround creation of privacy policies, terms and conditions and documentation regarding specific APIs developed by websites
• Advise organizations on GDPR-based issues and drafting work, obtaining visitor consent, data leaks, privacy policies, compliance and audit work, etc.
• Understand how to deal with cutting edge developments such as blockchain and cryptocurrency
• Advise companies on how to start e-wallets and prepaid instruments and their convertibility into cash
• Learn the legal issues impacting payment gateways, encryption and authentication, mobile banking and other payment systems
• Learn how artificial intelligence and machine learning are impacting financial sector businesses and what SEBI and RBI are doing to facilitate that
• Learn how to advise fintech startups on new systems implemented by SEBI
• Understand the process of drafting and filing cyber complaints, evidence collection, presenting digital evidence, prosecution and trial for cyber crimes
• Learn how to issue takedown notices to protect brands and how to advise platforms on dealing with such takedown notices and requests

Specific Learning Objectives

• Learn about the types of services that you can provide to businesses around cyber law, technology contracts, fintech, cryptocurrency and e-commerce related work
• Learn how to draft key types of technology contracts relevant for businesses: software licenses and development agreements, e-commerce agreements, service agreements, cloud computing agreements, master services agreements (MSA), statements of work (SOW), Domain Name Transfer and Assignment Agreement, End User License Agreement (EULA)
• Learn how to draft technology contracts and licenses such as Outsourcing Agreement, Technology Transfer Agreements, Music License Agreement, E-book Publishing Agreement, Affiliate Agreements, Video game development agreement, etc. Non-Disclosure Agreements, etc.
• How to draft and issue a Change Order if software development requirements change
• Learn how to ensure those client requirements are adequately captured while drafting contracts and that your contracts are comprehensive (including use of checklists)
• Advise businesses on how to create milestone-based deliverables in development contracts
• Advise businesses on how to implement service levels in different kinds of services and support contracts 
• Learn how to implement a credit-based system for any shortfall in SLA-metrics
• Understand the use of escrow structures in software development contracts and draft software escrows
• How to use confidentiality and disaster recovery clauses to protect parties’ interests.
• How to negotiate third-party IP infringement and indemnity clauses 
• How to negotiate limitation of liability clauses (especially with a business that wants uncapped liability)
• How to draft a transition services agreement in case of technology business acquisition and transitions
• How to negotiate indemnity clauses in contracts and limit liability under contracts with third-party service providers and app developers
• Implement a system of electronic contract execution and record-keeping in soft copy mode in an organization
• Advise Indian and global organizations on GDPR compliance and audit 
• Advise social media and other content platforms in the implementation of contracts, policies and terms of service
• Assist in the creation of policies and implementation of systems for social media and other platforms that minimize legal risks arising from intermediary liability
• Learn how to assist businesses with drafting outsourcing agreements
• Advise a bank and an NBFC in taking a decision on which activities can be outsourced
• Learn about tax laws applicable to the outsourcing industry
• How to perform an IP audit for a business that uses open-source licenses
• Advise technology businesses on the creation of a revenue model around open source software
• Perform software-related due diligence in M&A transactions to discover IP ownership of the target for appropriate business valuation
• Advise a new or existing business with legal, strategic and contractual aspects of setting up its own e-commerce store
• Advise an e-commerce store in executing legal documentation with vendors, customers and logistics operators
• Advise an e-commerce store over receipt of FDI
• Advice on how to take action against counterfeit products sold by e-commerce portals
• Advise a foreign brand (e.g. Oppo) in setting up an e-commerce store in India
• Advise an India-focussed business on obtaining customer consent for collection and usage of customer data
• Advise an India-focussed business on the implementation of reasonable security practices and procedures under Indian law
• Learn how to draft a privacy policy compliant with Indian law.
• Advise businesses on the new privacy framework post the Aadhaar judgment and amendment of Aadhaar Act
• How to advise Indian businesses going global on the General Data Protection Regulation (GDPR) compliance
• Advise businesses on drafting a GDPR-compliant privacy policy
• Advise businesses on management, sharing of data between organizations and data archiving
• GDPR audit framework and its application to Indian and international businesses.
• Drafting data protection clauses in e-commerce contracts or letters
• Drafting relevant data protection clauses and disclaimers in service agreements to mitigate the risk of access to data
• Advise a platform operating in various sectors (social media, e-commerce, finance) on its responsibilities in case of a data breach, cyber-attacks and hacking under Indian law and GDPR
• Advise social media and other platforms on sharing of information and surveillance with government platforms.
• Learn how and when to use the takedown notice procedure under the Digital Millennium Copyright Act (DMCA) to protect your client’s interests and various forms of takedown notices
• Learn about the objection procedure and powers of the platform to refuse a takedown request under DMCA
• How to use the takedown procedure under the Information Technology Act and under the Copyright Act, and selection of the optimal remedy
• Advise a platform on its responsibility in case of a takedown request under Indian law
• Identify actions to be taken if a competitor places bids on your client’s trademarks on Google Ads or other tools 
• Advise businesses around the implementation of reputation management strategies, systems and the law
• How to control damage caused by defamatory statements by angry customers and competitors 
• Create a strategy to deal with a disparaging comparative advertisement posted online by a competitor/ third party
• Learn about how RBI regulates the fintech sector, payment gateways and data storage about financial transactions
• Advise new businesses in the creation and implementation of e-wallets
• Advise a business on the conversion of e-wallets into hard cash
• Advise a bank with respect to the provision of a mobile banking service.
• Advise a client on legal action to be taken upon dishonour of ECS instruction
• Learn regulations applicable to payment gateways and payment gateway agreements. 
• Advise a company in setting up and obtaining a payments bank license
• Perform legal work pertaining to bitcoin and cryptocurrency advice
• Learn how to draft a cyber complaint
• Learn how and where to file a cyber complaint in India for online crimes
• Learn how to defend a person accused of committing cybercrime and get bail.
• How to assist a customer in initiating chargebacks for fraudulent transactions
• How to complain against online transaction frauds and accidents through RBI’s ombudsman system for digital payment 
• How to assist a customer of online banking fraud to recover money as per RBI’s guidelines on consumer protection
• Learn about cyber forensics and the law of evidence.
• How to handle fake profiles on social media and matrimonial sites
• Advise businesses on the prevention of leakage of confidential information by employees and ex-employees
• How to draft Social Media Policy and Media Communications Policy and deal with social media platforms to minimize reputational damage

Recruitment and Internship Support

We are the only organisation in India with such a comprehensive and exercise-based training methodology for courses. Many employers, law firms and companies are happy to recruit our high performing students. If you do well in your exercises and classes, we can help you to get jobs, internships and assessment internships in good law firms, with renowned lawyers as well as in various companies.

List of Weekly Exercises

• Compare the terms and conditions of 5 online web apps and draft terms and conditions for a client
• Compare 5 data use policies and draft a data use policy for a client
• Draft a Software Evaluation Agreement for a trial run by a company
• Draft key terms of a Software Development Agreement and a Website Development Agreement
• Draft a Software Maintenance and Support Agreement
• Draft a Master Service Agreement
• Draft a Statement of Work
• Draft a Change Order
• Structure milestone-based delivery requirements for a software development agreement 
• Draft a Services Agreement
• Draft, review and negotiate a Service Level Agreement (SLA)
• Identify stamp duty for software development and services agreements
• Identify relevant service level metrics and specify service levels for different kinds of cloud-based and services agreements
• Draft a Work Made For Hire Agreement (from the perspective of the company)
• Negotiate a Work Made For Hire Agreement (from the perspective of a high-net-worth CEO) 
• Draft an End-user Licence Agreement for a technology company
• Draft a generic Terms of Use/ Terms of Service/ Subscription Services Agreement for a social media platform, an e-commerce website, a subscription services website (e.g. Netflix or Hotstar) and for an independent media site (e.g. Quartz)
• Draft terms and conditions for advertisers on a social media platform (e.g. Twitter, YouTube, etc.)
• Draft a Prohibited Content Policy for a Social Media platform
• Draft a Money Back Guarantee for a platform (under different scenarios)
• Draft a policy for obtaining consent for cookies, web beacons and similar technologies
• Advise an industry leader (such as Google, Twitter or eBay) on how to present complex policies to website visitors for easy review and how to demonstrate customer consent for the same 
• Advise a website on how to obtain customer consent in the event of a ‘change in policies’
• Advice on the business model of a company setting up an e-commerce store and structure FDI into it
• Advise a company on the documentation required for building a video or music streaming website
• Draft an e-book publishing agreement
• Draft a non-disclosure agreement under various scenarios
• Draft an Outsourcing Agreement for a company to outsource customer support services
• Advise a bank and an NBFC in the implementation of relevant policies and systems for risk measurement in connection with the outsourcing of financial services
• Implement a system for storage and management of electronic contracts 
• Advise a client on taxation of international outsourcing
• Draft a cyber complaint about specific kinds of cyber crimes
• Identify where to file a cyber complaint
• Identify key issues for negotiation in a technology transfer agreement
• Draft a Technology Transfer Agreement
• Draft a Transition Services Agreement
• Draft a Privacy Policy under the Information Technology Act for an India-focussed startup
• Draft a GDPR-compliant Privacy Policy for a global organization 
• Draft content for a webpage to obtain visitor consent under GDPR 
• Draft an Affiliate Agreement 
• Draft a Video Game Development Agreement
• Draft a Domain Name Assignment Agreement 
• Draft an agreement to settle a domain name dispute
• Draft a complaint about a domain name dispute under UDRP and the WIPO system 
• Issue a takedown notice under DMCA 
• Issue a takedown request for copyright infringement on a WordPress or a Blogspot blog.
• Issue a takedown notice under the InformationTechnology Act
• Issue a takedown notice under Copyright Rules
• Issue a takedown notice to a social media platform to take down a fake profile
• Create a template of a document retention policy for your organisation
• Draft an application for submitting digital evidence u/s 65B of Indian Evidence Act in a criminal case before the Metropolitan Magistrate.
• Draft an E-Commerce Website Development and Service Agreement
• Draft an Order Fulfilment Agreement
• Draft Terms and Conditions of Use for a Product- Based E-Commerce Website
• Draft Terms and Conditions of Sale 
• Draft a Web Development/ Hosting Agreement
• Draft an Advertising Terms and Conditions/ Agreement for online promotions
• Identify Personal Data, Controller and Processor Under GDPR
• Advise a website on how to draft the text to obtain customer consent validly under GDPR 
• Advise a client on how and whether it can share customer data with a third party under GDPR 
• Advise a client on the transfer of data to another jurisdiction under GDPR 
• Advise a company on whether certain new uses of prior data (obtained under the GDPR regime) are permissible or not and under what conditions
• Draft a Data Processor/Processing Contract Letter 
• Draft and negotiate indemnity and liability clauses in view of the GDPR regime
• Draft a Website Content Provision Contract
• Draft a Colocation License Agreement 
• Draft a license and distribution agreement for a software developer to execute with its distributors
• Draft and file a consumer complaint against the bank for deficiency of service in case of a banking, credit card or ATM fraud
• File a complaint with the ombudsman under RBI’s digital payments ombudsman scheme
• Identify the liability of the bank and the consumer as per RBI’s circulars in an unauthorized electronic banking transaction.
• Advise a company that produces stock photos (e.g. Getty Images) or Haiku deck on the use of various kinds of content licenses to explore possible revenue models.
• Advise a company on which kinds of open-source software it can use for its business model
• Advise a client on the development of algorithmic trading software
• Advise a client on how to use the fintech sandbox by SEBI/ RBI to obtain real-time market-based data-sets for testing its products
• How to read and interpret IT software diligence reports for legal risk mitigation

• Draft E-Commerce Cancellation, Returns and Refunds Policies
• Draft and review common clauses in tech contracts and reviewing privacy policies
• Legal Actions and Strategy Against Online Defamation
• Draft a Cease and Desist Notice and Plaint for Passing-Off in Respect of CyberSquatting
• Litigation under PSS Act for ECS instruction dishonour
• Issue notice for a takedown of pornographic and defamatory content
• Criminal Remedies for Copyright Violation
• Intermediary Liability and Obtaining Global Injunctions
• Data Protection Laws (GDPR & Personal Data Protection Bill, 2019 Compliance)
• Data Protection Laws in India (Rules under IT Act)
• Drafting GDPR Compliant Cookie Policies
• Drafting Basic Agreements for a B2C E-commerce Platform