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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance

Kaveri Traders, a partnership firm engaged in online sales, handles sensitive personal data of buyers. A partner argues that Section 43A of the IT Act, 2000 cannot apply because the firm is not a company. Which view is correct?

The partner is wrong. For Section 43A, body corporate means any company and also includes a firm, sole proprietorship or association of individuals engaged in commercial or professional activities, so an online trading firm handling sensitive personal data can be made liable to pay compensation.

  1. ACorrect, because the section covers only companies
  2. BIncorrect, because 'body corporate' includes a firm engaged in commercial activitiesCorrect
  3. CCorrect, because firms are covered only by the DPDP Act
  4. DIncorrect, but only if the firm has more than twenty partners

Explanation

The Explanation to Section 43A defines body corporate as any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities. A trading firm is therefore covered. No partner-count condition exists in the definition.

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