Can My Desi Net Com Be Accessed Outside India Legally?

Different countries and even regions within a country can have the feeling of different neighborhoods, each with their own rules and even their own little nuances. Where I decide to allow a user to create a site on my service can depend on many things, including how accessible I allow that site to be to users worldwide, and that can differ greatly from the legal dimension, including the type of content you are hosting and how you handle data from users worldwide.

And then there are issues of the privacy of personal data of residents of a jurisdiction. This means that you need to have a valid basis for processing the personal data (as required under the GDPR), provide the necessary information on processing (transparency), appoint an EU representative (if you are outside the EU), and set up a number of means for lawful transfers of data between jurisdictions. In addition to these, each jurisdiction will have its own rules and restrictions, such as China having strict Internet policies where content may need to be hosted on servers within the country and licensing arrangements put in place. Some Gulf states will impose restrictions on subjects covered by a website, while others are under sanction and therefore any transactions or distribution of content would be prohibited. So, a practical checklist would be to 1) establish what content is prohibited in a number of jurisdictions and adjust your content accordingly; 2) produce a privacy policy plus create a cookie notice; 3) consider geo-blocking a number of high-risk countries and; 4) set up a takedown process similar to DMCA notices. It is better to try to be proactive in this area rather than waiting for problems to arise which can be stressful and ultimately be damaging to your community.

I have come across many people misunderstanding this concept as Internet is supposedly borderless. I assume by desi net com you mean a website hosted/server in India (even a .com/.net site hosted in India with Indian content). Such websites can generally be accessed from abroad. However, the legality of the content however is a different ball game all together. For example, copyrighted content (movies/streams etc.), hate speech, illegal online gaming, unlicensed cryptocurrency related services can be prohibited in foreign countries even if they are permitted in India. The user’s country can have stricter laws than India.

When wanting to reach a global audience, it is smart to be compliant. This starts with having a proper privacy policy, the correct way of transferring data and respecting the copyright of others. Furthermore, it is advisable to set up a proper way of handling takedown notices (similar to the DMCA in the US). There are many jurisdictions that have strict laws when it comes to online content. It is also good to know about India’s IT Rules that apply to intermediaries and takedown requests. If you’re running your website from India, you’ll want to have all the correct information for contact and the grievance officer.

It’s accessible in most of the world but you need to be careful regarding aspects like copyright, local restrictions on content, user data, and even sanctions. It’s like tuning an instrument before a gig. All it needs is a little setup and you’re good to go.

This is really simple to answer – generally yes. There are lots of Indian-run sites that can be viewed abroad. Most sites will have original content – written pieces, recipes, blog posts and portfolios – and as long as you are taking the proper precautions in regards to the viewer’s privacy and adhering to copyright laws then there should be no problems. However, there are some sites that host illegal downloads, some unlicensed gambling sites and even some sites that contain prohibited content in certain countries.

So long as you stick to original work, recipes, food blogging, and portfolios (which are all fine and dandy), there should be no issue with opening up your site to international visitors. Just be sure to add a sensible and clear privacy policy as well as suitable terms and conditions to your site to prevent any takedown requests from senile plaintiffs etc. Only really treat to comply with any noted requirements (such as cookie notices for Eu visitors and the like) but otherwise, this is easy peasy and a doddle to add. So long as you are sensible, you should be able to welcome all and sundry to your site without fear of visitations from lawyers.