In India, Information Technology (IT) contracts are primarily governed by the Indian Contract Act, 1872, the Information Technology Act, 2000 (IT Act), and intellectual property laws like the Copyright Act and Patents Act. The Indian Contract Act governs contract formation, validity, and enforceability, while the IT Act provides legal recognition for electronic contracts, digital signatures, and cybersecurity responsibilities.
Key intellectual property laws, such as the Copyright Act (1957), protect software and IT-related innovations, and the Patents Act (1970) covers patents for IT-related inventions. The Indian Penal Code (IPC) and IT Act also address cybercrimes like hacking, data theft, and online contract breaches.
IT contracts generally include clauses on the Scope of Work (SOW), Intellectual Property Rights (IPR), confidentiality, and compliance with data protection laws such as the Digital Personal Data Protection (DPDP) Act, 2023. Dispute resolution clauses specify arbitration, jurisdiction, and governing laws for resolving conflicts.