BSA & Galexia Global Coud Computing Scorecard (2018) - Galexia Analytics Release
Laws and regulations in India have not entirely kept pace with developments in cloud computing, and some gaps exist in key areas of protection; notably, India has not yet implemented effective privacy legislation, although work is underway to address this issue.
India has a comprehensive national cybersecurity strategy in place and strong cybercrime legislation. Some laws and standards in India are not technology neutral (e.g., electronic signatures), and these may be a barrier to interoperability.
This year’s report notes that India imposes some local security testing requirements in addition to international testing requirements. These local testing arrangements have been the subject of criticism by India’s trading partners, including the European Union.
There is a gap in trade secrets protection in India. In addition, guidance for examiners on how to evaluate patent applications for software-enabled inventions is lacking, although the revocation of guidelines that would have prevented most computer related inventions from being subject to patent protection if novel hardware was not present is a step in the right direction. Furthermore, India still has not ratified the WIPO Copyright Treaty.
Overall, India’s ranking in 2018 is 20th. India fell two places because of its poor results in the Data Privacy and IT readiness and broadband Deployment.
The rank for India in this year's Scorecard is:
- 20th overall,
- 17th for legal and policy, and
- 24th for IT readiness and broadband deployment.
Within legal and policy themes for cloud readiness India has the following rankings:
- 20th for data privacy
- 16th for security
- 14th for cybercrime
- 23rd for intellectual property rights
- 15th for standards and international harmonization
- 18th for promoting free trade