BNAI Blog

India: Data Security Council 'up and running' in Delhi

After some time in the making the National Association of Software and Services Companies (NASSCOM) have established the Data Security Council of India (DSCI). The DSCI will be an independent regulator responsible for privacy and data protection and other security issues impacting India’s valuable outsourcing industry. Shyamal Ghosh will be the new Chairman of the DSCI which will develop, promote and enforce privacy and data protection standards.

Speaking at the inauguration of the DSCI, Ghosh said,

“Today’s occasion marks an important step towards the DSCI’s mission of ensuring that the Indian Information Security environment benchmarks with the best across the globe. As the Indian IT industry continues on its growth path towards maintaining its global IT super power status, it becomes pertinent that we raise the bar in setting up a best practices framework for data security, privacy, conduct and ensuring its adoption by one and all.”

“With the support of NASSCOM and industry partners we hope to achieve the DSCI’s aim of providing a protected environment for data and privacy for IT and ITeS sector in India in order to maintain our leadership position in the global outsourcing arena.”

The DSCI also has a steering committee led by Jerry Rao, of the electronic data systems company MphasiS.

The committee is made up of members from Indian companies and multi-nationals, security experts, academics, researchers and government agencies.

The DSCI is a self-regulatory body but with a new Indian Data Protection Act on the horizon it is likely that the body will play a significant role in enforcing the legislation.

According to NASSCOM the key objectives of the DSCI will be:

•      To enable Indian IT/ITeS organisations to provide high standards of security and data protection by adopting best practices.

•      To develop, monitor and enforce an appropriate security and data protection standard for the Indian IT/ITES industry that would be adequate, cost effective, adaptable and comparable with global standards.

•      To build capacity to provide security certification for organisations.

•      To create a common platform for promoting sharing of knowledge about information security and foster a community of security professionals and firms.

•      To create awareness among industry professionals and other stakeholders about security and privacy issues.

At its first meeting the DSCI identified the following priorities and set up sub-groups to look at the following issues:

•      The current security status and the interest of organisations.

•      A business model for the DSCI.

•      Draft model contract templates, which can be used by small and medium sized businesses.

In the long term NASSCOM has indicated that the DSCI will also prioritise the following:

•      Raising awareness through Security Forums: Creation and running of Security Forums throughout the country for creating awareness among the involved entities and individuals about the importance and measures for data protection.

•      GAP analysis: Analysing the existing standards and best practices adopted by the industry in India and industry at international level.

•      Devising standards and best practices: Consolidating, devising and enforcing ethical standards and best practice in line with international standards in order to create a secure environment for data in India that would be cost effective and easily adoptable.

•      Research: Carrying out research in the field of data privacy and protection in the context of the Indian situation.

•      Conferences: Organising national and regional conferences on data security issues.

•      Certification: Certifying the companies who adopt the standard proposed by DSCI.

France: London Agreement Passed; Translation Costs Expected to Drop

PARIS – Legislation passed by the French legislature that would allow the country to ratify the London Agreement to the European Patent Convention, which aims to relax translation requirements and lower patenting costs, was published in the Official Journal on October 18, 2007.

The new law (Loi No. 2007-1477, of October 17, 2007) was adopted October 9 by the Senate, or upper house of Parliament, after the National Assembly, or lower house, gave its approval in late September.

Thirteen countries have signed or acceded to the Agreement -- formerly known as the Agreement dated 17 October 2000 on the Application of Article 65 of the European Patent Convention -- since late 2000, but French ratification is necessary before it can enter into force.

Countries signing the Agreement waive their right to require a full translation of any European Patent specification into their official language. Instead, signatories designate one of the three official European Patent languages -- English, French, or German -- as their language of choice, and maintain the right to demand translation into this language. Countries whose official language is one of the three official European Patent languages must dispense with additional translation requirements.

The French decision to ratify the London Agreement was hailed by the European Patent Office as “a significant milestone in the process of reforming the European patent system”. The EPO has consistently said that provisions of the London Agreement will reduce the cost of European patenting and encourage innovation by small and medium-sized enterprises.

Euro-Skeptics, French Language Boosters Opposed Vote

France’s center-right government gave full support to the planned ratification of both the London Agreement and a second piece of legislation calling for ratification of other revisions to the European Patent Convention dating to 2000. The government talked down objections from a handful of elected officials, as well as several noted intellectuals, who argued that the text would reduce or end the use of the French language in patenting while complicating intellectual property protection for French firms.

Pierre Jouyet, state secretary for European affairs, dismissed fears of a de facto “English-only” rule in European patenting during parliamentary testimony in September. Instead, Jouyet said ratification of the London Agreement would ensure continued use of French in European patenting, while substantially reducing translation costs.

The government largely ignored opposition to the London Agreement from Euro-skeptic politicians, who oppose greater French integration with its European Union partners. The Euro-skeptics have suggested that ratification of the London Agreement could set in motion further reforms stripping France of control over intellectual property law. These critics back this contention by pointing to ongoing efforts to create a pan-European patenting system.

Further information on France’s ratification of the London Agreement is available, in French, at www.assemblee-nationale.fr/13/dossiers/accord_art65_convention_brevets_europeens.asp

EPC 2000 to Enter Into Force in December

The EPO announced after the French vote that the London Agreement will enter into force for France on the first day of the fourth month following France’s deposit of its instrument of ratification. The revision of the European Patent Convention known as EPC 2000 (see WIPR, August 2007, p. 7) will enter info force on December 13. More information is available on the EPO’s website, at www.epo.org/patents/law/legislative-initiatives/epc2000.html

Bank of China launches U.K. subsidiary

The Bank of China (BOC) launched a new U.K. subsidiary on October 16 that it hopes will be the modern silk-road between the increasing number of Chinese enterprises, private and state owned, that are entering the UK and European businesses that are entering or already have a presence in Asia and more specifically in China.

The Bank of China UK (BOC UK) is wholly owned by BOC and whilst it will take over all responsibilities for retail banking in the U.K. it will work in harmony with BOC and operate from existing branches around the country.

The official announcement comes after BOC secured approval for the subsidiary from the Financial Services Authority in order to meet the requirements of the EU Financial Groups Directive.

BOC UK CEO, Dr Kenneth Ge, commented on the announcement by saying: “The commercial ties between Europe and China are getting stronger and as one of China’s biggest and oldest banks we already work with many pre-eminent Chinese companies, multinationals operating in China, financial institutions and government agencies, which makes us a good, strong partner.

“The new subsidiary will not only be invaluable for our existing Chinese customers who are looking for a Chinese bank with global capabilities and reach, it will also benefit British customers that need banking services in China.”

He added: “We’re also working hard to introduce high-quality, competitive products and services for people living in the U.K. and our new subsidiary is part of a wider strategy to develop London as a base for our treasury, loan, retail and banking services, to serve customers in the U.K. and eventually across Europe.”

BOC which was one of the first Asian banks to establish an office in London now ranks as the world’s sixth largest bank and wants to build its European credentials and increase its presence here by:

•   being the preferred bank for customers that have strong ties in the UK and China by offering them a complete range of services that are accessible globally

•   introducing more products and services that are appealing and competitive

•   developing its technological capabilities to interconnect branches

•   utilising its international network – in order to maximize its share of international trade and remittance business.

Setting up the U.K. subsidiary is the bank’s most recent move to ensure the “BOC brand” is acknowledged internationally. In 2006, following the highly successful IPO’s in Hong Kong and Shanghai, the Chinese Government sold 20 percent of its shares to members of the public, to institutions in China and BOC formed international alliances with the Royal Bank of Scotland, UBS, Merrill Lynch and Asia Development Bank.

The inauguration of BOC UK will be formally marked at a ceremony on November 20, 2007. The guests of honour will be the Right Hon. Lord Mayor Alderman David Lewis and Her Excellency Madam Fu Ying, the Chinese Ambassador to the UK.