Regulatory ESSENTIAL



Regulatory ESSENTIALS - modular information package with all the essential information for compliant products in your target market. Conveniently read online at Product-Compliance-Portal ROGER WILLCO.

IT; OT; Operational technology (OT) controls devices; Information technology (IT) controls data; Threat modelling; Threat modeling; vulnerability; incident; handling; ISMS; data privacy; security asset; network asset, privacy asset; financial asset

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Scope: This ESSENTIAL describes the regulatory requirements of Cybersecurity for electrical and electronic devices in India. On a high level: - a regime to protect personal data, - a legal framework for Information Technology, which introduces provisions related to data protection and privacy, In more detail: - security requirements which need to be applied during mandatory testing and certification of telecom equipment Not in scope of this ESSENTIAL are sector specific requirements (e.g. automotive equipment, medical devices) and organizational requirements for certain entities (e.g. critical infrastructure).

Stakeholders: Manufacturer, Importer, B2C products, B2B products
Legislation in force: Indian Telegraph Act 1885 [Act] With the notification of Indian Telegraph (Amendment) Rules 2017 enabling mandatory testing and certification of telecom equipment (MTCTE), TEC has been designated as the Telegraph Authority for the purpose of administration of MTCTE procedure and Surveillance Procedure, and for formulation of Essential Requirements under MTCTE. ‘Communication Security Certification Scheme’ [ComSec] 2019 Digital Personal Data Protection Act, 2023. [DPDPA] (No. 22 of 2023) 11-AUG-2023

Application national:

Countries: Image for IN India,  
Comment on the comparability to EU legislation: Currently is no Indian legislative act applicable, which would be comparable to EU's ...
Status: Published 2024-03-25 by Benjamin Kerger and Torsten Sahm
Last change 2024-10-29 by Torsten Sahm: Legislation in force for this PCT, Cybersecurity
ROGER WILLCO ID: #3h72
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Scope of this ESSENTIAL
This ESSENTIAL describes the regulatory requirements of Cybersecurity for electrical and electronic devices in India.

On a high level:
- a regime to protect personal data,
- a legal framework for Information Technology, which introduces provisions related to data protection and privacy,

In more detail:
- security requirements which need to be applied during mandatory testing and certification of telecom equipment

Not in scope of this ESSENTIAL are sector specific requirements (e.g. automotive equipment, medical devices) and organizational requirements for certain entities (e.g. critical infrastructure). '

Abbreviations
Here you will get a table

Important abbreviations which are special for this legislation or theme.

Analysis of regulatory requirements

Legislation in force for this PCT
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Scope of legislation
[Act]
"telegraph" means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electro-magnetic emissions, Radio waves or Hertzian waves, galvanic, electric or magnetic means.

Explanation. "Radio waves" or "Hertzian waves" means electro-magnetic waves of frequencies lower than 3,000 giga-cycles per second propagated in space without artificial guide;'

Legislation in force for this PCT
Here you will get related hyperlink(s)

Are legal provisions regulates the product compliance topic? If yes, what is the reference (title, number)?

Responsible actors
Here you will get textual information

Which actor(s) are responsible for compliance with the legal provisions: e. g. - economic operators (manufacturer, importer, distributor, fulfilment service provider), - user (commercial/industrial/professional), - user (private, consumer)?

Process-related requirements?
Here you will get textual information

Product-related requirements?
Here you will get textual information

Regulatory market access conditions for the actor(s)
Here you will get textual information

What are the main regulatory requirements (e. g. conformity assessment fulfilment of essential requirements of Annex I 2006/42/EC) prior placing on the market, importation and putting into service (brief description)

Regulatory market access conditions for the actor(s)
Here you will get linked document(s)

What are the main regulatory requirements (e. g. conformity assessment fulfilment of essential requirements of Annex I 2006/42/EC) prior placing on the market, importation and putting into service (brief description)

Penalty by this legislation
Here you will get textual information

What are the possible penalties (e. g. sales ban, fines) in the case of non-compliance?

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Exemption clauses
Here you will get textual information

Exempted devices/products or industry sectors.

Sub-federal legislation of states/counties
Here you will get textual information

E. g. by 2019 an Inter-Governmental Agreement (IGA) on governance of the Electrical Equipment Safety System (EESS) has been signed by Queensland, Victoria, Western Australia and Tasmania.

FTA/MRA status with EU
Here you will get related hyperlink(s)

Has the country signed a Free Trade Agreement (FTA) or a Mutual recognition agreement (MRA) with EU?

Adequate third countries to transfer data
Here you will get textual information

Authority
Here you will get related hyperlink(s)

Name of the authority for approval, registration, market surveillance and/or enforcement

Market surveillance authority
Here you will get related hyperlink(s)

Name of the authority for market surveillance and/or enforcement

Link/Reference to other reference document(s)
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Link/Reference to other reference document(s)
Here you will get textual information

Comment on the comparability to EU legislation
Here you will get textual information

Hints
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

Specific recommendations, information or most common mistakes

Route to compliance

Formal and administrative requirements

Registration at related authority required?
Here you will get textual information

Product registration? Manufacturer registration? Importer / Representative registration? if required.

Local representative legally required?
Here you will get textual information

[Yes/No]

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Equipment authorization (approval process)

Approval process (conformity assessment procedure)
Here you will get textual information

Means each legally required approval process prior placing on the market, importation or putting into service

Is the IECEE CB Scheme accepted by the authority/approval body?
Here you will get textual information

"[Yes/ No / no information available] [Text] Information (website)"

Conformance document(s) to show compliance to the authority
Here you will get textual information

e. g. SDoC, technical documentation (for 10 years), filled-in approval forms (e. g. ACMA in AUT)

Conformance document validity and renewal
Here you will get related hyperlink(s)

Validity for Conformance document name mentioned. For mandatory certification validity is important.

Which documents are required by an approval body?
Here you will get textual information

e .g. formal application

Is a factory inspection legally required
Here you will get textual information

Hint to voluntary certification scheme
Here you will get textual information

If a important voluntary certification schemes exists, one link will be given. Important voluntary schemes are for example: UL, CSA, VCCI (Japan)

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Testing & Standards

Specific requirements for testing
Here you will get a linked document in ROGER WILLCO
(only reachable with additional ROGER WILLCO license)

e. g. is an accredited test lab. mandatory, limits, test samples, product description

Specific requirements for testing
Here you will get textual information

e. g. is an accredited test lab. mandatory, limits, test samples, product description

General information to the application of standards
Here you will get textual information

e. g. China: GB standards are mandatory, EU: harmonized standards shall be published in the OJEU with respect to "presumption of conformity"

Source for standards for conformity assessment
Here you will get related hyperlink(s)

National Standardisation Organisation
Here you will get related hyperlink(s)

Link to organisation

Are national standards based on IEC/ISO standards?
Here you will get textual information

Undetailed information

Is in-country testing legally required?
Here you will get related hyperlink(s)

Acceptance of foreign test reports
Here you will get textual information

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes

Regulatory labelling, markings and user information

Regulatory label (mandatory)
Here you will get textual information

e. g. product label

Regulatory label (mandatory)
Here you will get a image or chart

e. g. product label

Regulatory e-labelling allowed?
Here you will get textual information

e. g. put the regulatory information and labels in a software menu

Required information on the product and/or packaging
Here you will get textual information

e. g. address of the manufacturer/importer, serial number

User instructions language(s)
Here you will get textual information

Regulated by the legal provisions

User instruction requirements and specific compliance notes
Here you will get textual information

Form, sentence inside, simple text. E. g. FCC/ISED compliance information, SAR information, battery, environmental information like waste

Digital user documentation allowed?
Here you will get textual information

User instructions allowed by QR-Code/internet or digital medium or integrated in device with display? Safety instruction allowed by QR-Code or digital medium?

Warnings, symbols
Here you will get textual information

e. g. ANSI Z 535.4

Hints
Here you will get textual information

Specific recommendations, information or most common mistakes


Code, ContinentIND, Asia
Economic Area
Official LanguageEnglish, Hindi (plus 21 official local languages) - The Official Languages Act, 1963 | https://www.indiacode.nic.in/handle/123456789/1526?sam_handle=123456789/1362
Standard InstituteBIS Bureau of Indian Standards | https://www.bis.gov.in/
HS CodememberYes






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