Comparative study of product liability and data confidentiality in case of intermediaries with special reference to india and the european union

Abstract

Technology has played a major role in human development. The advent and invention of wheel and fire changed the coverage of human society. On a similar note in 90 s a technology called internet was developed and it changed all rules of the game. This technology removed all hindrances of place and time. It created faceless market place wherein; consumer not only have huge choices and varieties but also, they can create goods and services on their own. This was the origin of Electronic Business and it gave birth to new breed of middleman / intermediaries to facilitate it. These intermediaries are application provider, ISP, network service provider etc. The mantras of success were wide choices and data. But this mantra created a new legal challenge of data handling and liability for defects in goods and services. Researcher has studied and analysed all dimensions of intermediaries newlineand how they handled the two new legal challenge of data confidentiality and newlineproduct liability. In addition, researcher has examined the legal framework of India and compared it with legal framework of European Union and finally concluded on the coverage and effectiveness of Indian legal structure and what India learn and implement from European Union. This thesis mainly focusing on generic business model used by intermediaries. Issues like IPR, industry specific domain like financial systems and medical domain are excluded. Researcher followed the doctrinal research methodology to understand the evolution of intermediaries, product liability, data confidentiality in India by various primary resources like the Indian Laws i.e., Consumer newlineProtection Act, 2019, Indian Contract Act, 1872, Information Technology Act, 2000 and other various statutes. This thesis compares Indian legal framework with European Union and test the hypothesis of coverage and effectiveness of Indian legal structure with European Union.