India. Cybersecurity. Directions

CERT-In Directions 2022CERT-In Directions under section 70B(6) of the IT Act, 2000 relating to information security practices, procedure, prevention, response and reporting of cyber incidents

In force

§1Summary

Synopsis

Binding directions requiring service providers, intermediaries, data centres, body corporates and government bodies to report specified cyber incidents to CERT-In within six hours of noticing them. They also mandate NTP clock sync, a CERT-In point of contact, 180-day log retention in India, and five-year retention of subscriber records by cloud, VPS, data-centre and VPN providers.

Key themes
  • incident reporting
  • 6-hour deadline
  • log retention
  • time synchronisation
  • subscriber KYC
  • cloud/VPN providers
Unique features

Among the world's shortest incident-reporting windows (6 hours) and covers a broad incident list beyond personal data breaches.

SaaS relevance

Applies to SaaS and cloud providers serving Indian users regardless of incorporation; logs must be kept within Indian jurisdiction (CERT-In FAQs allow foreign providers to store abroad if produced on demand) and cloud providers must keep validated customer records for 5 years.

§2Obligations

Extraterritorial
Yes
Breach notification
CERT-In within 6 hours of noticing listed cyber incidents
DPO
No
Cross-border transfers
Logs to be maintained in Indian jurisdiction for 180 days
Maximum penalty
IT Act s70B(7): up to 1 year imprisonment and/or fine up to INR 1 lakh

§3Dates

Key dates
  • Adopted
  • In force
  • Issued 2022-04-28; effective 60 days later; 2022-06-27 extension for MSMEs and for subscriber-validation by data centres, VPS, cloud and VPN providers (to 2022-09-25).

§4Text and authority

Text
Authority
Indian Computer Emergency Response Team (CERT-In)

§5Where it applies

Domestic law of
India

§6Sources and verification

Sources consulted
Verification

High confidence.

s70B(7) penalty amount and FAQ position on foreign log storage from general knowledge, not re-verified this session.