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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

According to the Explanation to Section 43A, which sequence correctly reflects how 'reasonable security practices and procedures' are determined?

Reasonable security practices are those specified in an agreement between the parties or in any law in force. If neither exists, they are those prescribed by the Central Government in consultation with professional bodies or associations it considers fit.

  1. AOnly those prescribed by the Central Government in every case
  2. BThose specified in an agreement between the parties or in any law in force; and, absent both, those prescribed by the Central Government in consultation with professional bodiesCorrect
  3. CWhatever the body corporate's board considers adequate
  4. DOnly those specified by the court after a breach occurs

Explanation

The Explanation first looks to an agreement between the parties or any law for the time being in force. Only in the absence of such agreement or law do the practices prescribed by the Central Government, in consultation with professional bodies, apply. Government prescription is therefore a fallback, not the sole source.

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