"LAW OF BUSINESS PROCESS OUTSOURCING"

- by Pavan Duggal, Advocate Supreme Court of India

India witnesses the publication of the first book on Business Process Outsourcing law. Pavan Duggal, Advocate, Supreme Court of India and India's foremost authority on Cyberlaw and BPO law, has written a detailed treatise entitled "Law of Business Process Outsourcing". The book is a voluminous one and covers extensively all major legal issues impacting outsourcing in India.

This book has got 18 chapters and lists out in detail the various requirements and provisions of law that impact BPOs. There is a detailed chapter on compliance with Indian laws. All the legal formalities that are required for starting and BPO operations in India are listed out in clear and lucid details. Topic like that of contract which is essential to any BPO transaction is also covered extensively. Pavan Duggal lists out various essential elements of the BPO contract. The book further lists all relevant clause and subjects that need to be covered in the BPO contract in order to provide a safe ground for contracting any outsourced transaction.

The book further has a detailed chapter on Service Level Agreements. BPO is ultimately based on the performance of outsourced services at a minimum specified level. These levels are specified by Service Level Agreements. The book details about what should be the essential provisions of any Service Level Agreement. The book serves as an excellent primer for all players in the BPO business on what requirements of law to follow in doing a safe outsourcing transaction.

Data protection as a subject has been accorded immense importance in the book. The book not only examines the position of data protection in the European Union but also the handling of such a subject in US and how data is protected in India under the existing Cyberlaw. The book also details the legal position on Spam in the context of BPOs. There is a separate chapter on privacy and confidentiality and how the Indian BPO service providers need to legally protect the privacy of the clients and their customers.

The book examines in detail the current requirements on taxation of BPO operations in India. Pavan Duggal's book provides a comprehensive compilation and commentary on all major legal provisions prevailing in the US that need to be followed by any BPO service provider in India. The book further examines the various legislations that have been introduced impacting outsourcing in different states in the USA.

Pavan Duggal gives immense significance to the subject of information security in the context of BPO. He examines comprehensively the requirements relating to information security under the Information Technology Act for BPO service providers. The book has a very interesting chapter entitled BPO cases. Pavan has made a compilation of very interesting and important cases that emerged in the BPO sector including a number of Indian cases.

The book further has a detailed chapter on medical transcription related issues and talks about the requirements of law that need to be fulfilled for medical transcription. The book also discusses the legality of online contract without digital signatures and the legal status of video conferencing. There is a detailed chapter on electronic evidence and its legality. The book also has 12 Appendixes.

Pavan Duggal has come out with an excellent, comprehensive and authoritive referencer and guide of all major legal issues impacting BPO. This book is must read for all people who are involved in the outsourcing industry. The book is written is an extremely clear, lucid and common mans language. Pavan's writing style is extremely reader friendly and he has studiously avoided reference to any legal jargon. A great pioneering effort by Pavan Duggal, this book has been published at just the right time and does address a vacuum that is existing in the space. This book is going to be of tremendous utility and value for every player who is involved in the BPO segment, whether it is the foreign clients who outsource their operations either to service providers or to captive centers in India or BPO service providers or sub contractors. This book is a must read for all CEOs, and Presidents heading BPO companies and the legal heads as also all lawyers and Government officials who are involved in the BPO industry in some form or the other. This book shall become the authoritive referencer guide for all BPO operations in India. Pavan Duggal is already a household name in India because of his remarkable and pioneering work in the field of Cyberlaw. By writing this extremely valuable commentary on BPO laws. Pavan once again demonstrates his complete mastery over legal issues impacting information technology enabled services. This book once again reinforces the leadership status of its authority Pavan Duggal in the field of outsourcing law for general readers who are interested in information technology and/or the law related issues.

This book is of 548 pages and is published by Saakshar Law Publications New Delhi (saaskarlaw@vsnl.net, saakshar@yahoo.com and saaksharlaw@hotmail.com ). We recommend this book unequivocally to all interested persons who either have a stake in outsourcing or who wish to engage in BPO in the coming times.