DETAILS OF THE RECRUITER:

During the Compulsory Courses - Internship I & Internship II, I got the privilege to do my

second virtual internship at Codebucket Solutions, a private limited company incorporated in
2017. Codebucket Solutions is in the process of implementing various cloud-based
software solutions for businesses and has been serving various clients abroad and PAN
India, in cities like New Delhi, Kochi, Bangalore, Pune, Mumbai, Patna, Kota, since its
inception. The main work assigned to me through the tenure was to the research on law
regarding the Data Protection Laws, Anti-Bribery Laws, Contractual and Laws relating to
compliance.

INTERNSHIP TENURE:

My internship period lasted for five weeks starting from 1st March, 2021 till 28th March,
2021.

WORK ASSIGNED DURING THE TENURE:

CONTRACT LAWS

Since, it was a virtual internship. So, on the very first day of my internship, I was
introduced to Mr. Rakesh Sinha, he is a Kolkata based Advocate and he was responsible in
managing the legal affairs of the Company. During the first meeting, I was only asked about
my preference in regard to specific field of law and I was provided the opportunity to review
the format of contracts like ‘Non-Disclosure Agreement’ and ‘Master Service Agreement’. A
brief introduction was given to me about the affairs of the company, and how the Non-
Disclosure Agreement is of utmost importance to protect their intellectual property, ideas
etc., especially in this age of digitalization and advancement. Breach of Confidentiality no
either side can hold the party liable to pay damages and is also a reasonable ground for
terminating the contract. After reviewing and understanding the same I was asked to create
sample agreements based on hypothetical situations. These included – a purchase
agreement, an agreement for hiring security personnel and a contract for entering into
business with a firm working in the field of finance. In this process I learnt of all the
important clauses that must be included in any agreement and how to draft complex clauses
like an indemnity clause(section 124 of ICA). Apart from this, a format of the Master-
Service Agreement was also provided to me, these are the agreements that are signed by a
company with its clients. These terms were responsible for the governance of relationship
between the company and its clients.

PESONAL DATA PROTECTION BILL AND GDPR

Then, I was assigned the task in a group to prepare a detailed report on the Personal Data
Protection Bill 2019 which was introduced in the parliament on 11th December, 2019 and
the GDPR. Both of them deals with the data privacy laws and regulations of India and
European Union. GDPR (General Data Protection Regulation) which came into effect on
25th May 2018 and was designed and structured to protect the privacy and personal
information of the data subject (people) from the data controller. It replaces the
old framework of data protection laws which were the Data Protection Directive of 1995
and the old UK law. By taking reference from GDPR, the draft Personal Data Protection Bill
2019, was made and introduced in the parliament. This bill is still pending in the
parliament if implemented could address some of the burning issues around privacy of
personal information in India. The major crux of the bill was that still the transfer of
personal data is presently governed by SDP rules (Sensitive Personal Data and
information, 2011) which has not been capable enough to deliver the present needs
regarding data privacy. Very recently, the EU had enacted the General Data Protection
Regulation (GDPR) which establishes the right to privacy as one of the fundamental rights.
It requires explicit consent from consumers for usage of their data. The Personal
Data Protection Bill 2019 in India follows the implementation of the GDPR and has also
taken clues from the legal frameworks in other countries. India lays a much-needed
cornerstone as it moves towards a digital economy, by introducing the draft Personal Data
Protection Bill, 2019.

US & UK BRIBERY ACTS: THEIR INDIAN PERSPECTIVE

Another major task which was assigned to me was to read and analyze how the Indian
entities in US and UK can be affected by a breach of the Anti-Bribery Acts of US and UK.
Both the Bribery Acts places strict liability upon companies for failure to prevent bribes
being given (active bribery- bribery action by the the person who is giving the
bribe) and the only defense is that the company had in place adequate procedures
designed to prevent persons associated with it from undertaking bribery. The Bribery Act
has extra-territorial reach for UK companies operating abroad and for overseas companies
with a presence in the UK. On the other hand, the primary mandate of the FCPA (Foreign
Corrupt Practices Act) is to prohibit U.S. companies and their employees from engaging
in corrupt practices, irrespective of their location. Persons and entities falling within the
ambit of the FCPA are forbidden to make or promise to make any direct or indirect payment
to secure any improper or undue advantages. The ambit of the FCPA is extremely wide and
includes multinational U.S. companies, foreign companies owning a stake in U.S. companies,
as well as subsidiaries and employees. Due to its extra-territorial reach, investigations can
be carried out on payments made by American companies, their foreign subsidiaries or
associates, and other persons obligated to comply with the FCPA. Both the acts presents
heightened liability risks for companies, directors, and individuals. To avoid corporate
liability for bribery, companies must make sure that they have strong, up-to-date and
effective anti-bribery policies and systems. During my research, I found that the Indian
businesses with substantial US and UK presence should ideally be cautious and well versed
with the provisions and extraterritorial reach of these stringent laws. The acts triggering
offenses in each country are different and the penalties vary dramatically from one country
to another. An act in one jurisdiction may carry administrative rather than criminal sanction
while in another jurisdiction the same act may lead to imprisonment and/ or fine or both.
And, lastly considering that the existing Indian anti-corruption and bribery laws only
take into account corruption in relation to public services and not private and
commercial transactions; it may so happen that the Indian companies, while they may
escape the local laws, may fall in the trap of the UKBA and/ or the FCPA.
COMPLIANCE AND RISK MANAGEMENT

During, the last week, few sessions were conducted on Compliance and Risk Management.
It was explained how achieving Regulatory Compliance is one of top priorities of all the
organizations, and, though the task is not easy for the companies, there is no escape from
that. One of the major problems faced by the Regulatory Compliance Management System
is the ever-evolving nature of Regulatory Compliance and relevant laws of the World.
Moreover, how the role of Artificial Intelligence can ease the work of monitoring on the
Regulatory Changes in the relevant territory of jurisdiction. On my reading, I found how
Section 205 of The Companies Act, 2013 requires the Company Secretary to report
to the Board about compliance with provisions of all laws applicable to the
company the audit team periodically review reports prepared and steps initiated to rectify
instances of non-compliance under all laws applicable to the company. Since the website
can be accessed by everyone around the world, it is important for the company to deal with
the risks arising out of the Internet. These deal with the management of the operations of
the startup on the Internet. It includes establishing a presence on the Internet, acquiring
domain names, and carrying on business on the Internet.

ROLES AND RESPONSIBILITIES:

As this internship being an online internship and I had to work from home there were no
stringent guideline which I had to follow. During my first week, the work allotted to me
was mainly based on reading and understanding. And, I wasn’t made a part of any
group. But, after the first week, I along with four other legal interns were allotted the group
task, to work on GDPR and Personal Data protection Bill. The whole team was very
supportive, and, every assignment was completed within the deadline. I joined my
internship during the days of the COVID 19 pandemic. During the tough time, this was the
best thing that I did. This was a new environment for every one of us. The whole team of
interns and the mentors use to meet on alternative days, and the allocation of time for
every assignment was always ample. The division of labor was apt, the mentors were
supportive and most importantly every assigned responsibility was monitored by the
mentors closely and fairly.

OVERALL EXPERIENCE:

I would see this internship as a highly valuable one as I got to learn some new aspects of
law such as how the compliance laws plays a huge role in every company along with
various topics related to GDPR, Anti-Bribery Act, Personal Data Protection Bill, 2019
and the other aspects of the contractual law. The discipline and punctuality which this
internship infused in me is something which I will carry along. Most importantly, the ease of
approaching my mentor and supervisor, Amrit sir and Rakesh Sir was a positive aspect
which always kept me engaged in my roles and responsibilities are given to me. Apart from
these aspects, the learning experience in online mode makes it an entirely new experience
with the flexible working hours and working in the relaxed environment. I would like to
recommend this internship to fellow classmates and friends.