LIJDLR

Cybersecurity Governance

CYBER DUE DILIGENCE IN MERGERS & ACQUISITIONS: THE OVERLOOKED RISK

Volume III Issue IV /

CYBER DUE DILIGENCE IN MERGERS & ACQUISITIONS: THE OVERLOOKED RISK Apoorva, LLM Student at Geeta Institute of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.128 The research paper titled “Cyber Due Diligence in Mergers & Acquisitions: The Overlooked Risk” critically examines the growing significance of cybersecurity and data protection in corporate transactions. It highlights that in the digital era, data assets have become vital determinants of corporate value, yet cyber due diligence remains an underexplored area in mergers and acquisitions. The study analyzes how the absence of structured cybersecurity assessments exposes acquirers to legal, financial, and reputational liabilities. It explores India’s existing legal framework under the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, revealing substantial regulatory gaps compared to international models like the EU’s GDPR and the U.S. SEC’s disclosure-based approach. The paper argues that integrating cyber due diligence into the M&A process is crucial for risk mitigation, corporate governance, and investor confidence. It further recommends legal reforms, contractual safeguards, and regulatory enforcement mechanisms to make cybersecurity assessment a statutory obligation. By drawing on global jurisprudence and Indian corporate practices, the research provides a comprehensive blueprint for embedding cyber risk governance within India’s M&A landscape, ensuring compliance, value preservation, and sustainable digital business integration.

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NAVIGATING CYBERCRIME IN INDIA: LEGAL COMPLEXITIES, ENFORCEMENT DYNAMICS, AND EMERGING CHALLENGES IN A DIGITALLY CONNECTED SOCIETY

Volume III Issue I /

NAVIGATING CYBERCRIME IN INDIA: LEGAL COMPLEXITIES, ENFORCEMENT DYNAMICS, AND EMERGING CHALLENGES IN A DIGITALLY CONNECTED SOCIETY Jainendra Pratap Singh, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Juhi Saxena, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.27 This research paper examines the multifaceted challenges of cybercrime in India’s rapidly evolving digital landscape. It analyzes the conceptual understanding, legislative framework, and enforcement mechanisms within India’s cybersecurity ecosystem while identifying critical gaps in the current approach. The study provides a comprehensive assessment of various cybercrime categories affecting individuals, organizations, and critical infrastructure, alongside the procedural and investigative hurdles faced by enforcement agencies. Constitutional dimensions, particularly privacy considerations following landmark judicial pronouncements, are evaluated for their impact on cybercrime governance. The research further explores emerging threats including ransomware, deepfakes, IoT vulnerabilities, and AI-enabled attacks that present unprecedented challenges to existing legal paradigms. Through critical analysis of institutional frameworks and international cooperation mechanisms, the paper identifies systemic limitations in India’s cybercrime response capabilities. The study concludes with evidence-based policy recommendations for enhanced cybersecurity, emphasizing the need for legislative reform, institutional capacity building, critical infrastructure protection, and international cooperation. It advocates for a balanced approach that harmonizes security imperatives with constitutional rights protection while addressing the technological complexities of cybercrime in a digitally connected society. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 650-681. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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