Legal

Constitution

FDPPI is a Private Limited Company registered under the Section 8 of Indian Companies Act 2013, limited by Guarantee with CIN Number :U72501KA2018NPL116325.

What is Section 8 Company Limited By Guarantee

A Company is normally limited by share capital. Members of a Company limited by Share Capital contribute share capital in cash and acquire shares. In an ordinary company, share holders are entitled to distribution of profits by way of dividend, bonus etc. In the case of Section 8 companies, profits if any cannot be distributed to the members. It can only be re-invested for the activities of the Company as per the Memorandum.

Even at the time of winding of operations, a Section 8 Company has to merge itself with another organization with similar objectives and cannot distribute the surplus if any amongst the members.

In a Company limited by Guarantee, there is no share capital contribution by members to seek membership with voting rights. They however sign a guarantee obligation stating that in the contingent event of the company winding up its operations, if there is no surplus and there is a deficit of assets over liabilities, each member shall undertake to contribute to the extent of Rs 10,000/- or lesser amount towards discharging the liabilities.

In the absence of share capital contributions, the initial operational funds of FDPPI is generated as “Donations” instead of “Share Capital” .  Company is applying for Section 80 G IT exemption so that large donors particularly the Companies and Patrons can get Section 80G exemption for their contributions. But every member donor irrespective of the amount of contribution will have only one vote.

Privacy Policy Etc

The details of the Privacy Policy, the Terms of use of different services and other legal aspects about FDPPI would be transparently shared in due course once the responsibilities are assigned to different members.

The Terms of use of different services would be guided by the Articles of Association and the decisions of the Board of Directors.

The general principles of Privacy would be “Collect only such information as may be required” and “Ensure that the personal data is not used for the purpose other than for which it was collected” and retain the personal data securely “only for the period required as per the legitimate interests of the Company, Public or National Interests”

At present the Company is not collecting any personal data except the automatic data that the hosting of this website may require to be collected for enhancement of usability of the website.

When accepting donations and membership application, necessary information including PAN card information would be collected under separate consent. Necessary policies would be initiated as per the provisions of ITA 2000/8 and such other laws that may be applicable in India.

The website and the Company will strictly function under Indian regulatory regime only and hereby specifically excludes jurisdiction of all other countries.

We however welcome information of any unintended violation of laws of another country  and we will take necessary corrective action if it is considered necessary purely as a gesture of goodwill.

Any grievance in this regard can be sent by e-mail as provided in the contact page. It will be handled by the grievance officer designated for the purpose.

Any escalation of the dispute would be handled through Mediation failing which Arbitration subject to Indian Arbitration Act. Arbitration will be handled through online at odrglobal.in with three arbitrators. The applicable laws will be of India only.

Disclosure a Disclaimer from Naavi, Member, Director, Chairman, FDPPI

One of the promoters of this organization is Naavi, the founder of www.naavi.org.

Naavi is a prolific writer, writing not only on the blog but in other platforms and often expresses independent views on various issues of interest to the industry.

Naavi is also a Netizen Activist and has been active since 1998 in the field of Cyber Law. He is an academician and is active as Director of Cyber Law College which is an online educational venture, besides being a guest faculty in various educational organizations. He is also a Techno Legal Consultant and a Techno Legal Compliance auditor (HIPAA, GDPR, ITA 2008 etc).

Some of the activities of Naavi are also provided through Ujvala Consultants Pvt Ltd, a Private Limited Company.

In view of the established activities of Naavi in the field of Cyber Law, Privacy Law, Education, Policy Advocacy, Consultancy etc., related to the activities proposed by FDPPI, there could be an apparent  overlap of activities.

Being an organization of professionals, such overlap is likely to exist with every other member as well but to different extent. Members who are Directors or Governing Council Members need to therefore be aware of the Potential and Real Conflicts of Interest that may arise or be perceived.

FDPPI recognizes the potential interest conflicts and will introduce adequate checks and balances through its processes to ensure that such conflicts are addressed.

Naavi as an individual may also express his own personal views on many aspects in which FDPPI has an interest through his blog or otherwise. Such views shall be considered as his personal views and not necessarily the views of FDPPI.  It is envisaged that FDPPI may in specific instances reflect the collective views of its members which could be in conflict with the personal views of Naavi.

Further, subject to the approval of the Members/Governing Council/Board, Naavi and/or Ujvala Consultants may enrol as “Supporting Donors” and execute projects jointly with FDPPI from time to time so that the present and future activities of Naavi shall be a Continuing Support and a Partial “Donation in Kind” to FDPPI in terms of Efforts and Expertise and contribute towards enhancement of the value of the organization.

This is a disclosure and disclaimer on behalf of Naavi and FDPPI.