Information Technology Law
Rahman’s Chambers has been at the forefront of the IT sector boom in Bangladesh from its legal perspective. Firm frequently advises and assists Clients, both International and Domestic, on issues relating to the registration of FinTech services, telecommunication, mobile banking services, e-Wallet, and also on foreign stock trading on a CFD basis via Apps and other portable platforms along with other related matters. Our Firm’s specialized lawyers are well versed in all telecom and IT sector-related laws in Bangladesh, including the Digital Security Act of 2018 along with the proceedings in the special Cyber Crime Tribunals (including Appellate) of Bangladesh. Chambers and Partners 2024 Asia Pacific Guide ranked Rahman’s Chambers for Corporate & Finance covering IT related legal works and stated: “One source states: “I find Rahman’s Chambers to be very supportive. When we have time constraints they work very hard and provide opinions within time.”
Rahman’s Chambers has been consecutively ranked for Corporate & Finance.
– Chambers & Partners, 2022 – 2024
“…they are very quick to come back to us with solutions and have been very helpful in giving advice on local laws, regulations and requirements.”
– Chambers & Partners, 2021
Mr. Mohammed Forrukh Rahman has been ranked (Band II) for Corporate & Finance.
“…Further sources report that “he tries to understand the client’s needs and also offers options.”
– Chambers & Partners, 2020
“he is a knowledgeable and very co-operative person. I have discussed many issues with him and he gives me the right suggestions.”
– Chambers & Partners, 2019
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers & Partners, 2018
“The ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm..”
– Legal 500, 2018
Rahman’s Chambers recommended for General Business law
-Asialaw 2021
The firm gave very clear advice on several aspects involving IT and e-commerce and also impact of the FOREX rules and regulation over operating and making transactions through our mobile applications which are primarily targeted for our other retail clients globally.
We strongly recommend the services of the IT department for their proven ability, knowledge, and expertise to deal with IT and related matters for any client who needs such services in Bangladesh.
Our completed works include:
Technology Procurement, Transfer and related transactions & Disputes
Software
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We have assisted client in resolving a dispute with ACSIS involving a software license agreement.
- We have successfully represented the Central Bank in a high-profile negotiation and mutual consultation involving a million-dollar dispute involving technology procurement for setting up and implementation of a national payment switch throughout the country by a Singaporean IT Company.
- Reviewed several procurement contracts, applicable Oracle policy and guidelines and advised Shenzhen Star Instrument Co. ltd on the contractual terms and obligations involving a dispute on supply of Oracle license to users; Govt entities.
- We have advised a LPG gas company and a distributor on Technology Transfer Agreement involving transfer of information, equipment and use of software etc.
FinTech-Payment
- We have also advised a number of companies over several information technology related legal issues most notably IQOPTION EUROPE, IQOPTION INTERNATIONAL etc.
Data Protection & Cyber Security, cyber crimes and prosecution
- We have commenced/defended legal proceedings for offence alleged to have committed under cyber security, data protection and pornography law of Bangladesh involving several individuals clients.
- We have assisted in the process of investigation and initiating legal proceedings for an UAE based company involving alleged cyber crime seems to have committed by individual resident in Bangladesh.
Electronic Signature and electronic evidence related compliance and disputes
- We have conducted legal due diligence for Woolworths Asia Group with regard to the legality of its digital signature in Bangladesh.
- We advised DocuSign on local law compliance issues involving its digital signature.
Fintech, E-Commerce & Payment regulations & Disputes
Messaging App/Software
- We have assisted IMO, a subsidiary of PageBytes Inc., a leading calling and messaging software service, in recovering its due from a local PSP. The recovery process was particularly complex due to the involvement of regulators and forex regulations.
FinTech-Financing
- Advised a French Fintech company on app based micro mobile financing and e-wallet licensing.
- Conducted due diligence for a company, on different aspect of IT law which includes MFS, PSP, mobile financing app for microfinancing and e-wallet.
- Advised a US based company, FamaCash, on MFS licensing and conducted due diligence in setting up a Fintech company on Joint Venture basis with a local company.
FinTech-E-commerce
- We advised Grande Boulevard Online, an E-commerce platform, on taxation and VAT applicability & the process of availing exemptions.
- The firm’s IT department advised clients based in Chittagong on different aspects of legality involving opening an e-commerce platform providing services of buy & sale of industrial land, factory along with arranging finance from scheduled banks and NBFI.
Fintech-Venture Capital
- We have conducted due diligence involving E-commerce related laws & procedures including alternative investment options for an MNC.
Gaming
- We conducted due diligence involving setting up a gaming platform for a local client.
Our Services
We assist client in drafting outsourcing, e-commerce, procurement, consulting services, saas (software as a service), cloud computing, hosting, hardware and software support and maintenance, server management outsourcing agreements etc. We also assist technology companies over licensing, IP matters, data and content acquisition licenses, software license agreements, software development agreements e.g. mobile applications, hardware sale and rental agreements, acquiring, or sell technology and computer-related products and services.
The Chambers assist in the following ways:
- Counsel clients on regulatory issues involving information technology, data security, and
- Counsel clients on domestic and international privacy regulations, directives, and standards
- Filing and defending cases filed in cyber tribunal located in Dhaka Judge Court and
- Filing and defending cases filed in Cyber Appellate Tribunal.
The Chambers assist in the following ways:
- Produce proof and assisting with electronic evidence
- Electronic signature Compliance
Practice Guide – Information Technology
Information Technology is now an integral part of companies’ life. There are unique regulatory compliance within each jurisdiction and distinct reporting obligations. Besides, so much data is placed in the electronic format by each company/individual that a tailor-made agreement is essential for each transaction to avoid various potential risks. Information technology lawyers are engaged in transaction-based legal services involving drafting and negotiating agreements. Due to the increase of cyber-crime and hacking with help of computer or mobile phone involving money and also an infringement of privacy, confidentiality, and other rights and also imposition of penalty for infringement by data controller, etc., Information Technology lawyers also counsel clients on regulatory issues involving information technology, data security, and domestic and international privacy regulations, directives, and standards. The legal services are in demand for filing and defending cases filed in the cyber tribunal located in Dhaka Judge Court and Cyber Appellate Tribunal.
Fintech
Blockchain technology will have an huge impact on supply chains, agreements, contracts, currencies etc. Lawyers helps clients ensure compliance with rapidly developing regulatory and legal requirements on digital currencies, token sales, and uses for blockchain.
Fintech (financial technology) is designed to help finance in everyday life. It can now handle payments, investment, asset management, insurance and beyond. Whilst fintech was created mainly for the purpose of helping corporations manage their finances, it is now widely opened for the public to use and help manage their finances online. With the rise in technology and need for convenience, these handy applications and software have been revolutionizing both business and personal banking.
Because of the sheer amount of people that use financial technologies nowadays, the amount of people at risk of data breaches of sensitive information is a high risk. This is why it is essential to make sure that fintech companies keep their security up. -source DSA connect
FinTech Corporations are the companies that integrate technologies, such as data science, artificial intelligence, and blockchain, into traditional finance processes to make them faster, safer, and efficient. From mobile payments and loans to trading stocks and credit scoring, fintech companies are implementing innovative digital solutions in almost every area of finance to be one of the fastest-growing sectors in technology.
Legal service required on ensuring compliance with regulatory issues, agreements drafting, dealing with taxation, e-commerce etc.
The World Trade Organization at its ministerial meeting decided not to impose any customs duties until the next meeting on international e-commerce transactions[i]. This may be beneficial for the business however this introduction would have been helpful for the government as it is gradually shifting is its collection of revenue from traditional custom duties and trade vat to income tax and other taxation system.
No other hand, combating with fraud involving e-commerce transaction remains a challenge for the government. Central Bank regulation, allowing escrow payment mechanism, came under question since several allegations raised against Foster, a payment gateway for e-shopping platforms like Ealy, Eorange, Dayan Mart and Qcoom.[ii] Under the escrow payment system, money paid by customers for ordered goods from e-commerce companies is deposited in third-party payment gateways like Foster. The companies receive the money after submitting related documents proving the goods have been delivered.
To overcome the regulatory barriers under the present law against contractual and third-party operators like Foster through Central bank and so on, Government have decided to enact new law, Payment and Settlement System Act 2022 yet to be promulgated by the Parliament. The law will bring forty-six types of financial transactions, including insurance and trading at the capital market including internet banking operations, debit and credit cards and electronic funds transfer, mobile banking etc. under regulatory regime. However, although electronic money have been added cryptocurrency is yet to be included in it.
Globally, the number of cases of involving digital asset fraud and manipulation in increasing. Bangladesh is seeing rapid growth of MFS transactions and new regulatory guidelines on the operations of full-fledged digital banks is in the pipeline. Government and corporations are increasingly required engaged resources to navigate rapidly evolving regulatory landscape.
[i]The Wall Street Journal
[ii] The Financial Express
Venture capital is a form of private equity and a type of financing that investors provide to startup companies and small businesses that are believed to have long-term growth potential. Though it can be risky for investors who put up funds, the potential for above-average returns is an attractive payoff. -source Investopedia.
Fintech companies are often requires venture capital finance as they are often considered as risky. Legal services are often required in arranging security documents and advising on transactional safety from legal and regulatory point of view. Setting up venture capital company and arranging regulatory approval related services are often sourced from lawyers.
Related Industries
We assist client in drafting e-commerce, procurement, consulting services, agreements etc.
Telecommunication companies regularly face changing regulation, legislation and economic trends. To remain competitive, telecommunications businesses must be able to survive within the evolving legislation. Taxation, compliance, licensing, technological issues are often resolved through legal support.
A.I. is essentially a simulation of human intelligence processes demonstrated by machines and systems. Unlike its fictional counterparts, A.I. today is created to assist with daily tasks and has significantly developed in recent years. Over the past few years, this new and emerging technology have begun to connect with each other, building a far more advanced and powerful system known as an open A.I. ecosystem. This ecosystem is able to connect all of our technologies together whether it may be our mobile devices, computers, coffee machines, and household lights. The interrelationship of A.I., the Internet of the Internet, and data could unlock unlimited potential in productivity, higher standard of living, and a better society in years to come. However, with so many components of an AI ecosystem, it can be hard to fully grasp everything. An A.I. ecosystem can include concepts such as machine learning, deep learning, and artificial narrow intelligence. -source Techfunnel.
Legal service are required for data management and security, privacy law, contracts, liability in AI-related contracts and the Internet of Things. These helps companies grow and integrate them with the ever transforming AI ecosystem.
The Cyber Crimes laws often contains a provision prohibiting defamatory statements published via Social Media and provides punishments and fine who publishes such statement and may also attacks the sanctity of individuals’ private or family life. Uses of third party often cause more difficulties as employer also need to act promptly in taking it down. Legal services requires in both defending and prosecuting such offences.
Software can get someone in trouble in many ways: (a) it is a devise helping one to avoid tax (b) it is used commercially by infringing copyright laws (c) if if it involves piracy it will attract copyright offences. Legal services are required for defending and prosecuting such matters.
Technology transfer can take place any other industries like pharmaceuticals, automotives etc. We assist clients with by engaging our best resources suitable for each industry.
Related Resources - Library
We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more