This article has been written by Ashutosh and edited by Vanshika Kapoor (Senior Managing Editor, Blog iPleaders). This exhaustive article talks about various career opportunities and paths available in technology law for tech lawyers. This article will also provide several other essential pieces of information to technology lawyers who want to know about all the career opportunities in the field of technology law.
Table of Contents
Introduction
The world is moving ahead, and so are we, human beings, who have grown a lot in the field of technology when compared to any other field. Similarly, in the field of law, technology law is one such field that is growing every day. Every day there is a new invention coming out in the world and because of the increase in technology, the need for lawyers in the field of technology law is also increasing.
Nowadays, a lot of cyber crimes and other similar crimes are happening with the help of technology. Hackers are hacking into the systems of others and committing crimes online. Crimes such as phishing, piracy, identity theft, cyberstalking, and cyberbullying, have become very common all around the world. Because of all this, the demand for technology lawyers is increasing every day. Currently, in the present scenario, there are many career opportunities present for all the technology lawyers, so if someone is experienced in the field of technology law and has a decent amount of knowledge about technology laws, then that person can explore various career opportunities in this field. If you are also interested in being a technology lawyer and want to know about all the career opportunities in this field, then keep reading this article.
Brief overview of Technology Law
Technology law primarily regulates the utilisation of technology and examines its relationship with legal matters. As we all know, technology and technology law are increasing rapidly every day, and because of this, issues and offences related to technology law are also increasing at the same speed. So to keep a check on all the crimes and offences that are happening in the field of technology, the demand for technology lawyers is also increasing.
Currently, in India, there is a huge demand for technology lawyers. Many IT firms and several other law firms are hiring technology lawyers to deal with matters relating to technology law. Companies such as Netflix and Alibaba hire technology lawyers to resolve their legal issues. The field of technology has expanded a lot during the time of the pandemic, and due to this, everything has shifted online and people have started to enter into all kinds of contracts and agreements through online technology. All of these things resulted in increasing the demand for technology law and technology lawyers in India.
Who is a technology lawyer
Technology lawyers are legal professionals who specialise in technology law, assisting their clients in overseeing the services they have created and ensuring compliance with relevant regulations. A technology lawyer is someone who advises his clients about their rights and what they can and can’t do. Technology lawyers also draft all kinds of contracts and agreements related to technology law.
Other than the above mentioned things, a technology lawyer is also responsible for ensuring compliance with and adhering to the policies and legislations which are made by Indian policymakers that would affect the products and services of their clients. A technology lawyer also offers suggestions and other advice to their clients for improvement in their products and services.
What does a technology lawyer do
There are various roles and responsibilities that a technology lawyer needs to perform once he is hired as a technology lawyer by IT firms, law firms, or any other client. Here we have mentioned some of the main roles and responsibilities that a technology lawyer needs to perform. Go through these roles and responsibilities to know more about the work of a technology lawyer.
- Technology lawyers perform both advisory and transactional work to help their clients deliver their services.
- Technology lawyers need to draft various contracts and agreements for their clients that are related to the technological aspect.
- Technology lawyers give advice to big businesses and firms about their rights.
- Technology lawyers deal with issues such as outsourcing transactions, Intellectual Property Rights, licences, cyber security, and data monetisation.
- Technology lawyers make software services agreements
- Technology lawyers advise their clients on how to reduce risk in business and how to stay on the correct side of regulators.
- Some of the technology lawyers also check the tech policies that are made by policymakers.
Career opportunities for technology lawyers in India
There are multiple job opportunities available for technology lawyers in India, and because of this, there is a huge demand for tech lawyers. Since there is a huge demand for technology law in India, let us look at some of the best career opportunities a law student or lawyer can pursue under technology law. Read below to know all about the multiple career opportunities available for technology lawyers in India.
1. Startups
This is the era of startups. No matter how rich or poor you are, if you have the right product/service, your startup can boom. Shows like Shark Tank have made us realise the power of startups. There have been many examples of startups that have been started by former lawyers and are now successes. Ned Gannon, a law graduate from Harvard Law School, started a startup named EBrevia, through which he provides services such as contract review, abstraction, etc. There are many Indian lawyers as well who are giving up their careers to start their own startup. But there are a few skills required to get into this field. Keep reading to learn more about startups as a career opportunity.
Kinds of work required
Let us read about the work a technology lawyer needs to perform under this career opportunity.
- Making drafts of contracts and agreements
- Doing negotiation on behalf of their clients
- Reviewing all the legal documents of the startup
Skill set required
You must have the following skills if you want to start your own business as a technology lawyer:
- Negotiation skills – Negotiation is a skill that is not only required to start a business but also as a lawyer. Lawyers usually need to negotiate on behalf of their clients with the other party, but negotiating as a business owner is very different. Startup owners have to negotiate more often than lawyers, be it for hourly rates, contracts, etc. So working on negotiation skills will help a lot if someone wants to start a business.
- Assessment of risks – As a startup lawyer, it is very important that one must possess the skill to assess any potential legal risks of the business. Apart from this as a technology lawyer, you must also be able to form strategies regarding how to manage such risks. These skills require an in-depth knowledge of law as well as technology.
- Communication – As a startup owner, one will have to learn to clearly communicate with clients. It helps build strong relations and also develops trust between the lawyer and the client.
Pay scale
The earnings from a startup depend on its size. Any startup that is in its initial stage provides around 8-10 lakh rupees per annum to the technology lawyers. But once the startup gets established, they can earn anywhere from 15 lakh to 20 lakh per annum.
2. Drafting work opportunity
Among the various career opportunities in the field of technology law, one such opportunity that is highly in demand is legislative and drafting work. Here, the technology lawyers are required to frame several drafts of contracts, agreements, documents, agreement formulations, and various other legal documents on behalf of the tech company they work for. Several law firms also hire technology lawyers who have experience filing and drafting agreements and contracts related to technology law.
Various technology companies need technology lawyers during any legal proceedings, and during those time periods, the need for technology lawyers is mostly felt because these things include a lot of paperwork, including numerous drafts of agreements and contracts. Now let us go through some more information on this career opportunity.
Kinds of work required
Let us read about the work a technology lawyer needs to perform under this career opportunity. Here we have listed some of the important works.
- Fine-tuning of agreements
- Maintaining the details of the client and opposite parties
- Determining all the parties in an agreement and contract
- Preparation of all kinds of legal documents
- Formulation of an agreement
- Managing the transactions on behalf of the company
- Drafting of confidentiality clauses, employment agreements, and non-disclosure agreements related to partners and employees of the company
- Drafting and negotiation
- Work on registrations related to intellectual property rights, trademarks and patents
Required skills
Here we have mentioned some of the skills that a technology lawyer must possess in order to make a career under this career opportunity.
- A technology lawyer must know how to create and maintain template agreement
- He/she must know to review contracts and agreements which are drafted
- Should have at least a basic knowledge of all the draftings in technology law
- Should know how to improvise all the legal drafts which are done between the company and the clients
- They must know how to use all the word processor software.
Benefits and perks
These are some of the perks and benefits that a technology lawyer will get to enjoy when he works under this opportunity.
- Most of the drafting is done in the office so there’s less fieldwork
- A good amount of salary.
Pay scale
The initial salary of a person who starts contract drafting is somewhere around Rupees 2-3 thousand per draft. But with experience and better skills, the salary for contract drafting increases to Rupees 8-10 thousand per draft. Employees of companies that do contract drafting earn salaries ranging anywhere from INR 15 lakh to INR 47 lakh per annum.
3. Dispute resolution and litigation
Technology companies often get into disputes with other companies on several matters, and with the increase in disputes between companies, there is a need for lawyers who are experienced in dispute resolution and litigation.
All aspiring technology lawyers can represent the interests of their clients and help them negotiate with the other party. Under this career opportunity, technology lawyers will have to perform negotiation, arbitration, and mediation as an alternative method of legal proceedings so that they can resolve the disputes of their clients outside the court.
A technology lawyer who wants to build a career in despite resolution must be good at communication and negotiation because these are the two main things that every technology lawyer should possess in order to be a successful dispute resolution technology lawyer. Now let us go through some more information on this career opportunity.
Kinds of work required
Let us read about the work a technology lawyer needs to perform under this career opportunity.
- Providing legal advice to the partners and employees of the company.
- Provide consultation to the clients, understand their needs, and provide solutions according to their needs for solving disputes through dispute resolution.
- Handle negotiations and mediations on behalf of the client.
- Thinking about the best interests of the client and negotiating according to their needs.
- Handling all the legal documents and paperwork related to dispute resolutions.
- Should remain updated with all the regulations and laws and with other best practices in the field of dispute resolution.
- Educate clients about all the mediation and negotiation options.
- Representing their clients in all the negotiations and mediations and helping them make sensible decisions.
- Reviewing and drafting all kinds of mediation, settlement agreements, and several other legal documents related to dispute resolution.
Required skills
Here we have mentioned some of the skills that a technology lawyer must possess in order to make a career under this career opportunity.
- The technology lawyer must know how to negotiate with the other party.
- The technology lawyer must possess excellent communication skills.
- The technology lawyer must have enough knowledge about dispute resolution.
- The technology lawyer must know how to draft and review legal documents for dispute resolution.
- The technology lawyer must have exceptional advising skills.
How to apply for these career opportunities
There are multiple dispute resolution opportunities available online. To apply for these opportunities, all you need to do is keep yourself active on platforms such as LinkedIn. And you need to look for job posts and vacancies for dispute resolution lawyers in technology law.
If you get any such opportunity, then all you need to do is keep your CV ready and send your CV along with an application to the concerned person. There is no technical thing you need to do to apply for these jobs, and if your application is selected, you will get a call for an interview round from the recruiter’s end.
Pay scale
The initial salaries for lawyers in technology law litigation and dispute resolution can range anywhere between 10,000-30.000 rupees per month. And experienced lawyers can earn anywhere between 15 lakhs – 20 lakhs rupees per annum. This salary range can differ if the lawyer works at a law firm, where the initial salary in litigation or Dispute Resolution is around 6-10 lakh rupees per annum.
4. Writing and legal research work opportunity
There is a lot of legal research and writing work to be done in the field of technology law. And because of this greater need, technology lawyers can choose the career opportunity of legal research and writing in the field of technology law.
If you are a technology law enthusiast and love to do research and write on topics related to technology law, then you must take advantage of this career opportunity. All you need to do is read more and keep yourself updated with all the latest rules and regulations that are framed by policymakers. You can make your own personal blog and start writing blogs related to technology law. Centre your research around all the trending topics in the field of technology law and start writing blogs.
You can also join any journal or any other website that publishes legal articles or blogs. Currently, there are numerous topics that are trending in technology law like data privacy, cybersquatting, etc. So, use this advantage and start researching and writing articles that are mostly searched for.
Kinds of work required
Let us read about the work a technology lawyer needs to perform under this career opportunity. Here we have listed some of the important work.
- Write articles and blogs on the trending topics of technology law, such as cryptocurrencies, NFTs, virtual realities, and other technical areas.
- Content creation on various topics of technology law.
- Content management and moderation of all the articles.
- Researching various topics of technology law and finding the best title for your article.
- Proofreading all the articles.
- Publishing all the articles after they are proofread.
- If you have a personal website and you publish all your articles on it, then you will also have to work to get your channel monetised.
Required skills
Here we have mentioned some of the skills that a technology lawyer must possess in order to make a career under this career opportunity.
- Must have knowledge of all the word processor Software such as MS Word, Google Docs etc.
- Must have a good typing speed. All the writers who want to work on this career opportunity should develop the skill of typing at least 70-80 words in one minute.
- They must know how to use research tools.
- They must have the skill to research and compare the materials available on the internet.
Benefits and perks
These are some of the perks and benefits that a technology lawyer will get to enjoy when he works under this opportunity.
- Most of these works are done from home or are remote.
- This is the most flexible work opportunity any technology lawyer can have.
- A good amount of money.
- Development of exceptional writing skills
Pay scale
The salary for legal writing and research work can range anywhere from 1 lakh to 7 lakh rupees per annum. This salary is subject to increase with the quality of work and experience.
5. Fintech Law opportunity
Nowadays, the trend of cashless transactions is gaining popularity, and almost everyone of us also uses applications that support cashless transactions. And because of the huge growth of cashless transactions and digital money trading, the current financial industry is being changed by technology.
Most people who use cashless transactions don’t know much about them and thus become victims of cybercrimes and various other online crimes. To protect those people from cyber crimes, the technology lawyer plays a very crucial role by providing fintech advisory services. A technology lawyer can provide valuable advice to individuals so that they can protect themselves from cybercrime. With the increase in online crimes, the need for lawyers who provide fintech advisory services is in great demand.
Thus, if you are someone who is interested in becoming a technology lawyer who provides fintech advisory services, then this is the best career opportunity that you can pursue. Read below to know more about this career opportunity and the kind of work a technology lawyer needs to perform under this opportunity.
Kinds of work required
Here we have listed some of the important work a technology lawyer will need to perform as a fintech advisor.
- Making multiple contracts with clients related to various contracts and agreements
- Managing all the user transaction problems and representing the company in all such disputes
- Providing financial advice to the head of the company
- Implementing and providing several necessary trainings regarding model clauses, review of contracts and agreements, and negotiation techniques on important matters
- Conducting all the important annual general meetings, board meetings, extraordinary general meetings, and corporate social responsibility meetings.
- To provide advice to the company on the usage of funds
- Appear before all the competent authorities for show cause notice, inspection, and other judicial proceedings when needed.
Required skills
Here we have mentioned some of the skills that a technology lawyer must possess in order to make a career under this career opportunity.
- The technology lawyer must have a deep understanding of all the privacy laws.
- The technology lawyer providing fintech services must possess strong skills in negotiation and contract drafting to help clients with efficient contracts and agreements.
- He/she must be able to assess all the regulatory and legal risks.
- The technology lawyer providing fintech advisory services must have a problem solving attitude and be able to provide solutions for each tech problem.
- He/she must be able to maintain healthy relationships with all the clients of the company.
- He/she must have sufficient knowledge of technology law, and he or she must also know about all the latest rules and regulations framed under technology law.
- The technology lawyer providing fintech advisory services must have a good understanding of all the data protection laws, Intellectual Property Rights, and financial regulations.
Pay scale
The salary of technology lawyers working in Fintech companies can range anywhere from INR 19 lakh to INR 34.5 lakh per annum.
6. Cyber laws and data privacy
With the increase in cyber crimes and breach of privacy, the importance of data privacy and cyber security has also increased. And technology lawyers are one such group of lawyers who specialise in matters of data privacy and cybersecurity. Technology lawyers work with different organisations and law firms and help them make strategies to protect their clients from cyber crimes.
There are basically three main types of cyber crimes namely crimes done against a human being, crimes done against any property, and crimes done against the government. To keep cyberspace protected from any such crimes, cyber laws have been developed as a cure to put an end to these kinds of cyber crimes.
The major challenges that technology lawyers or cyber lawyers face while protecting cybersecurity are copyright, privacy, jurisdiction, patents, trade secrets, defamation, contracts, and domain disputes.
Kinds of work required
Here we have listed some of the important work a technology lawyer will need to perform as a cyber lawyer.
- The cyber lawyer has to report all the technical difficulties and other notable incidents to the concerned members of the company.
- The cyber lawyer must make sure that all the required equipment and paperwork is in excellent condition.
- The cyber lawyer is required to provide legal advice to clients on the issues of data privacy and cybersecurity
- The cyber lawyer has to protect all the digital rights of their clients, such as privacy, Intellectual Property Rights, information security, etc.
- Cyber lawyers create various policies and contracts related to data protection and cybersecurity.
- It is the duty of cyber lawyers to make sure that their clients work in compliance with current regulations related to the usage of the internet.
- The cyber lawyer is responsible for identifying and avoiding all the cyber risks, such as data confidentiality breaches and cyberattacks.
- The cyber lawyer is also responsible for verifying that all the legal documents comply with current legal rules and regulations.
Required skills
Here we have mentioned some of the skills that a cyber lawyer must possess in order to make a career under this career opportunity.
- He must be able to understand all the important technological concepts such as privacy and data, cryptography, computer security, intellectual property, data protection, cookies, etc.
- He must stay updated with all the new regulations and policies that are framed under cyber laws.
- He must have sufficient knowledge of remote work tools such as Google Meet, Slack, Discord, etc.
- He must have the ability to interpret data within the legal world.
- He must have the ability to identify all the associated risks and legal implications.
Top recruiters
Here we have listed some of the top recruiters of cyber lawyers. Take a look at these names and see if you want to work in any of these places.
- Nishith Desai Associates
- General Motors
- Cyril Amarchand Mangaldas
- Trilegal
- Intel
- Apple
- Cisco
- AZB and Partners
- Kochhar and Co.
These are some of the big recruiters that hire cyber lawyers.
Salary of cyber lawyers
There is a great scope for cyber lawyers in India, and they are paid a huge salary from organisations and firms in which they work. Cyberlaw is one such stream that is growing at a great speed and has great potential. The average salary of an Indian cyber lawyer is around 10-18 lakh rupees per annum in India if he is working for a tier 1 or tier 2 law firm. The salary of cyber lawyers also depends on the organisations and firms in which they work.
7. In-house counsel
In-house counsel works as lawyers for companies. Working as an in-house counsel is one of the most secure jobs that a tech lawyer can find. With the advancement of technology all over the world, many tech companies have come up and been successful. These companies prefer tech lawyers over lawyers who are not equipped with the technical world. In-house counsels of a tech company have many responsibilities, including but not limited to contract drafting, Intellectual Property Management, litigation, etc.
Most lawyers have found work as an in- house counsel to be less hectic than a firm job. But to land a job at a tech company, it is important that you possess certain skills in addition to those of a lawyer. Keep reading to understand more about the job of an in-house counsel in a tech company.
Kinds of work required
The work of an in-house counsel involves various types of responsibilities, from contract drafting to managing legal deals. The different kinds of work that an in-house counsel for a tech company might be required to do have been listed below:
- Contract drafting and vetting– Whether you work as an in-house counsel, in a firm, or start your own startup, you will have to work on contracts. There are several types of contracts that an in-house counsel might have to work on; these include employment agreements, software development agreements, shareholder agreements, and intellectual property licensing agreements. It is important that a lawyer have good drafting skills so that the terms of the contract are favourable for the company.
- Compliance– In-house counsel for tech companies might be required to assist with the company’s compliance program. Fintech companies are subject to RBI regulations and in-house counsel is needed to comply with those regulations
- IP management– A tech company owns several intellectual properties. It is the job of the in-house counsel to regularly keep a check on these intellectual properties and make sure that there are no illegal claims on the IPs.
- Litigation– Litigation is part and parcel of a lawyer’s life. Even while working as a lawyer for a tech company, an attorney will have to visit court for cases.
- Other work– Apart from the legal work, tech in-house counsel might also be required to work with the tech team of the company and curate policies for the company.
Required skill set
In order to be an in-house counsel for a tech company, a person must possess the following skills:
- Technological know-how– He must have technical knowledge, especially of the area his company deals with. He must be good with technological tools and must learn upcoming legal technology.
- Creativity– Ordinarily, lawyers are not required to be creative, but if one wants to become a tech lawyer, especially an in-house counsel, he must have the ability to think outside the box. The problems faced in a tech company are not typical legal problems and require a modern or new solution; thus, tech lawyers must be creative with their work.
- Flexibility– As in-house counsel in a tech company, a technology lawyer has to manage both the legal and technical aspects of the business. Thus, one must be ready to tackle such problems.
- Soft skills– It’s important to have soft skills for someone who wants to establish a career in the corporate world. And tech companies are an important part of the corporate world. Some of the most important soft skills include active listening, communication skills, working under pressure, emotional intelligence, and approachability.
- Basic legal skills– Apart from the skills listed above, an in-house tech lawyer must possess basic legal skills such as drafting, good communication skills, etc.
Pay scale
The average salary of in-house counsel working in tech companies is around 12 lakh rupees per annum. And the top tech lawyers earn anywhere between 35- 40 lakh rupees per annum as in-house counsel.
8. Academia
We have discussed several career opportunities above in this article, and one thing that was common in all those career opportunities was the rapid increase of jobs under those opportunities. But that is not the same when we talk about the academic career opportunities in technology law. There are very few teachers and professors who teach technology law, and because of this, there are many law students and lawyers who don’t know much about technology law.
Now is the best time to become an academician of technology law because there is very little competition. And if you are someone who has high expertise in the field of technology law, then you can simply create a wonderful career in this line. You can become a teacher or lecturer at any institute and earn a good salary. You can also start your own institution and build a personal brand by providing classes to law students.
Kinds of work required
Here we have listed some of the important work an academician of technology law will need to perform.
- Providing lectures on all trending topics of technology law, such as non-financial tokens and cryptocurrencies.
- Writing various research papers, articles, and books on technology law.
- Providing guest lectures and being a part of seminars of technology law in educational institutions
- Doing research and finding out new methods to teach efficiently.
- Providing guidance and giving advice to law students who want to work with technology laws.
Required skills
Here we have mentioned some of the skills that a cyber lawyer must possess in order to make a career under this career opportunity.
- An academician of technology law must have good communication skills
- Good research skills
- Ability to interact with students
- Dealing with the doubts of law students in an effortless manner
Pay scale
The annual salary of a technology law professor varies from college to college, but the average salary of technology law professors in India can range anywhere between 6- 15 lakh rupees per annum.
International career opportunities for Indian technology lawyers
Indian technology lawyers are not only in great demand in India but they are also required all across the world as technology infrastructure across the world is more or less very similar and hence it has similar problems. Companies of foreign countries that trade with India or with Indian companies hire technology lawyers from India to make sure that they do all transactions in compliance with the laws and regulations of India.
If you want to work as a technology lawyer in foreign countries and don’t know much about the career opportunities that are available in those countries, then keep reading further, because further in this article we will be discussing the career opportunities for Indian technology lawyers abroad. Check below the list of career opportunities available for Indian technology lawyers in foreign countries.
1. Protection of intellectual property
There is a lot of scope for Indian technology workers in the field of intellectual property. Foreign companies and associations create various intellectual properties, and to protect them, they need technology lawyers who are skilled in intellectual property laws.
You can easily land a job in foreign companies that create intellectual properties if you have enough expertise in IPR laws, and if any country has any kind of interest in India with regard to the product they are creating in India or with its intellectual property rights in such cases, there is also a high demand for Indian technology lawyers in foreign countries. The Indian technology market is growing at an immense speed; thus, many big foreign technology companies want to create a market in India, and for this purpose, they need the help of technology lawyers for certain trademark and patent registrations.
Now let us read more about these intellectual property lawyers and the duties they perform.
Kinds of work required
Here we have listed some of the important work an Indian technology lawyer needs to perform as an intellectual property lawyer.
- Helping foreign companies file trademark and patent registrations
- Providing guidance to foreign companies and ensuring that everything is done in compliance with the Indian Intellectual Property laws.
- Preparing and managing all the legal documents of the company, such as contracts, registration documents, agreements, etc.
- Assisting foreign companies in negotiations.
- Resolving all the matters related to the domain names to protect the online reputation of their company.
- Managing and handling the intellectual property portfolio of the company
Required skills
Here we have mentioned some of the skills that an Intellectual Property lawyer must possess in order to make a career under this career opportunity.
- An intellectual property lawyer must have exceptional communication skills.
- An intellectual property lawyer must also have very good negotiation skill
- An intellectual property lawyer must be well versed in all the Intellectual Property laws and cyber laws.
2. Cybersecurity lawyer
If you are a technology lawyer and have enough knowledge about cyber crimes and data privacy, then you can become a cybersecurity lawyer in foreign countries. Cybercrime and data breach has become one of the major issues that everyone is facing, and thus, every person now needs the help of a cybersecurity lawyer to protect themselves from cyber crimes.
The cybersecurity lawyer deals with all kinds of cyber crimes against individuals, companies, and governments. These lawyers have exceptional knowledge of internet activities, the latest information technology, and cryptocurrencies.
Kinds of work required
Here we have listed some of the important work an Indian technology lawyer needs to perform as a cybersecurity lawyer.
- Navigating cyber threats and providing solutions to prevent them.
- Making drafts and helping the client with negotiation proceedings.
- Providing legal advice to clients on matters related to cyber crimes
- Protecting the privacy and data confidentiality of their clients.
- Checking all the legal documents and making sure that they are in compliance with all the laws and regulations.
- Representing their clients in all the legal proceedings.
- Creating various policies related to data protection and cybersecurity.
Required skills
Here we have mentioned some of the skills that a cybersecurity lawyer must possess in order to make a career under this career opportunity.
- He must stay updated with all the new regulations and policies that are framed under cyber laws.
- He must have sufficient knowledge of remote work tools such as Meet, Stack, Discord, etc.
- He must have the ability to interpret data within the legal world
- He must be able to understand all the important technological concepts such as privacy and data, cryptography, computer security, intellectual property, data protection, cookies, etc.
3. Global tech companies
Global tech companies such as Netflix hire technology lawyers to resolve disputes related to publishing rights and other piracy crimes. As an Indian technology lawyer, you can also work for big global tech companies. These companies often hire a team of professional technology lawyers to deal with their legal disputes and several other legal matters.
Kinds of work required
Here we have listed some of the important work an Indian technology lawyer needs to perform for global tech companies.
- Making drafts of contracts and agreements.
- To make sure that all the work of the company is produced in compliance with the rules and laws of technology.
- Handling all the court proceedings.
- Making settlements on behalf of the companies.
Required skills
Here we have mentioned some of the skills that a technology lawyer must possess in order to make a career under this career opportunity.
- Sufficient knowledge of Intellectual Property laws.
- Negotiation skills.
- Communication skills.
- Skill to conduct smooth settlements.
Freelance work opportunities for Indian technology lawyers
Freelancing has become very popular nowadays, and even lawyers are choosing to go with this option rather than working continuous shifts with companies or law firms. The reason behind the popularity of freelance work among lawyers is the flexibility of the work, handsome pay, and work-life balance, all of which might not be possible with a company or law firm. If you are aspiring to become a technical lawyer and want to have a flexible job, you can also explore the world of freelance work. There are many jobs available for a technical lawyer on platforms such as Upwork, Fiverr, Freelancer, etc. Here is a list of freelance jobs that technical lawyers can try out:
1. Drafting/vetting agreements
Contract drafting is one of the golden skills that one can learn as a lawyer. No matter which field of law one works in, this one skill can make a lawyer earn loads of money. A technology lawyer might find different types of freelance work as compared to an ordinary lawyer. There are many technology lawyers on LinkedIn who work as freelancers and earn about 5,000 rupees per project.
Types of Freelance Contract Drafting Work available for technology lawyers
There are different types of contract drafting freelance work available on different websites, but there are some drafting tasks that can be specifically done by technology lawyers only. While one can choose from a plethora of work available online, here are some of the contract drafting tasks for technology lawyers:
- Contract drafting for the web development program.
- Drafting legal documents for data breach lawsuits.
- Drafting documents for IP registration.
2. Legal research and writing
Lawyers or law students who are good at writing can find a number of freelance legal writing works related to technology law on various freelance platforms. Many law firms or even individual practitioners who have a website outsource legal freelancers for writing their blogs/articles. Nowadays, tech companies are also hiring permanent freelance legal writers to post blogs on their websites.
Pay scale
The pay varies from company to company or firm to firm, but if you are just starting as a legal tech writer, you might get paid somewhere around 20-40 paisa per word, and once you create a good portfolio and become a good writer, the payment can range anywhere from 60 paise to 1 rupee per word. This means you can easily earn 25,000 rupees per month, even when you start.
Types of legal writing jobs available for tech lawyers
- Patent writing– The job responsibility would include drafting a patent application for an innovative product of the company.
Figure 1– Image showing the freelance work opportunity of a patent writer available on the Upwork website.
3. IP related freelance work
Intellectual Property is one of the most prevalent parts of Technology law. Although Intellectual Property law is in itself a different field of law, it also falls under Technology law. When Tech lawyers work in the IP field in companies or law firms, their work is to manage the overall Intellectual Property owned by the company or to look over all sorts of IP matters in a firm. But as a freelancer, a tech lawyer can choose whatever work he/she wants to do, be it related to trademarks, copyrights, patents, etc.
Types of work
There are many jobs available for a tech lawyer related to IP matters. Here is a list of the top IP freelance work for tech lawyers:
- Trademark legal assistance– This job requires the candidate to review a proposed trademark and foresee any potential conflicts.
Figure 3 – Image showing the freelance work opportunity of trademark legal assistance available on the Upwork website.
- Assistance in Trademark Registration- The selected candidate will have to register a trademark and patent for the client.
- Contract Reviewing– The job responsibility includes reviewing a contract related to Intellectual property of the client. The contract is a Non-Disclosure Agreement.
- Content writing related to Intellectual Properties for an IP firm
Pay scale
The pay scale of IP related freelance work can vary from project to project and company to company. However, the payment for a trademark or patent filing ranges from $50- $200 per filing. The payment under Intellectual Property content writing is more or less the same as for tech law content writing.
4. Lawyer for trade associations
A trade association is a collection of different companies and corporations that share the same interests in the market and are not made just for the purpose of making profits but also to increase opportunities and to speak on behalf of their members.
These trade associations hire technology lawyers to assist them in making sure that they do all their work in compliance with the rules and regulations. There are various other works that a technology lawyer performs under trade associations.
Kinds of work required
Here we have listed some of the important work an Indian technology lawyer needs to perform as a lawyer for a trade association.
- Monitoring the activities of the trade association and ensuring that everything is done in compliance with all local and international laws.
- Negotiate on behalf of the trade associations.
- Prepare multiple drafts of contracts and agreements for trade associations.
- Protecting the intellectual property rights of trade associations such as logos and trademarks.
- Assisting the trade associations in filing disclosures and several other reports.
- Staying updated with all the rules and regulations of other countries.
- Analysing the policies.
- Helping the trade associations in decision-making and strategic planning.
- Assisting the trade associations by reviewing their contracts and doing negotiations on their behalf.
Required skills
Here we have mentioned some of the skills that a trade association lawyer must possess in order to make a career under this career opportunity.
- These lawyers must have in-depth knowledge of all the regulatory compliances.
- These lawyers must have exceptional negotiation and communication skills.
- They should know how to draft different contracts and agreements for trade associations.
- They must know how to review the contracts made by the trade associations.
- They must possess the skill of analysing the policies made by the trade associations.
- They should work as team members and assist the heads and members of the association in making decisions and protecting their interests.
Frequently Asked Questions (FAQs)
What is Technology Law?
Technology law deals with the statutes related to IT, computers, etc. It deals with topics such as hacking, identity theft, trade secrets, etc.
Is Technology Law in demand?
As of now, the demand for technology lawyers in the industry is growing, and it is expected to increase even more in the near future because of the digitization of upcoming services and products in the market.
Are Cyber Law and Technology Law the same?
No, technology law and cyber law are not the same, but it can be said that these two topics are closely related or similar. On the one hand cyber law strictly deals with the legal aspect of the Internet world, whereas Technology law covers a number of topics related to technology, such as intellectual property, e-commerce products and services, cybersecurity, etc.
Do firms in India hire Technology Lawyers?
Yes, there are several Indian law firms that hire technology lawyers due to their growing demand. Some of these firms include Trilegal, Khaitan, Cyril Amarchand Mangaldas, etc.
What is the pay scale of a Technology lawyer in India?
The average starting salary of technology lawyers in India is approximately INR 35000 to INR 40000 per month. But this is subject to increment with experience.
How do I find freelance work related to Technology Law?
First of all, in order to find freelance work related to technology law, you must be well-equipped with drafting skills. Once you have gathered enough knowledge of Technology laws, you can start approaching various international law firms through email for work. You can use tricks like cold mailing or approaching the targeted person/firm on LinkedIn in order to get work.
What subjects will I have to study for Technology Law?
There are multiple subjects that a technology lawyer needs to study; some of the main areas include Intellectual Property laws, Information Technology Act etc.
Can I become a Technology Lawyer after doing Btech?
While Btech helps a lot to get well-versed with technology and its different aspects, doing LLB after BTech is necessary if one wants to pursue a career in technology law.
How can I apply for Technology Law jobs at law firms?
To apply for a job as a technology lawyer in a law firm, you must get a list ready of all the firms you want to apply to and those that have technology law practice. Once the list is ready, you can apply for a job there, by sending a mail to them, including your area of interest.
Do tech companies also hire Technology Lawyers?
Most companies have a team of in-house counsel. And if the company is a tech one, they do hire technology lawyers as legal advisors or legal managers for their company.
What is the scope of Technology Law outside India?
In countries like the USA, technology law is booming, and the main reason for this is the advancement of technology. There is a lot of scope in technology law in various other countries because technology is booming worldwide and creating ample opportunities in the field of technology law.
How can I find a job related to Technology Law outside India?
You can search for technology law jobs online on platforms like LinkedIn and Indeed. These platforms have a plethora of job opportunities for law students
What are the top tech companies that hire Indian Technology Lawyers?
The top tech companies that hire Indian technology lawyers are Netflix, Alibaba, Google, Microsoft, etc.
What is the salary of Technology Lawyers employed by global tech companies?
There is no exact figure. The salary of these technology lawyers depends upon the company they are employed by and the prior work experiences of the candidates.
Is an LLB degree necessary to become a Technology Lawyer?
Yes, a degree of LLB from any recognized college is an essential requirement for all individuals who want to pursue their dream of creating a future in technology law.
What are the most important skills required in a Technology Lawyer?
Some of the most important skills that a technology lawyer must have are:
- Communication skills
- Negotiation skills
- Arbitration skills
- Dispute resolution skills
- Drafting contracts
- Reviewing contracts
- Policy analysing
Which one is a better course if one wants to become a Technology Lawyer, B.A. LL.B. or BBA. LL.B.?
It does not matter whether you do B.A. LL.B. or BBA. LL.B. to become a technology lawyer. You should have a law degree from any recognized college, and you should have in-depth knowledge of technology laws.
Is Technology Law drafting different from normal civil drafting?
Yes, technology law drafting is totally different from normal civil drafting. Because in technology law, drafting is done for technology related matters. And these drafts mainly revolve around data protection, intellectual property, etc.
What kind of cases can one expect while working as a Technology Lawyer?
There are numerous cyber crimes and offences occurring all around the world, but some of the most common cases that a technology lawyer deals with are cases of privacy breaches, hacking, cybersquatting, etc.
How can I approach foreign law firms for a job as a Technology Lawyer?
To work in law firms as a technology lawyer, all you need to do is submit your CV along with your application to their HR’s official email address and contact any of the associates who are currently employed there, seeking some help.
Can I work as a Technology Lawyer for a foreign law firm after studying law in India?
Yes, you can easily become a technology lawyer in any foreign country in the world after studying law in India. But you must have enough knowledge about all the technology laws, policies, and regulations of the country in which you want to get a job.
Which act in India deals with cyber crimes?
The IT Act 2000 deals with all kinds of cyber crimes and provides several guidelines and methods to deal with them.
What are the top cyber crimes that occur in India?
There are several cyber crimes that take place in India, but some of the most common ones are internet fraud, identity theft, hacking, cyberstalking, and harassment.
Why technology law is probably the most attractive area of practice for lawyers and techies of tomorrow
Technology is changing the world. The largest companies in the world today are tech companies. Naturally, opportunities for lawyers and other professionals are drastically increasing in this sector. Cash-flush technology companies offer better packages, perks and work environment. Compared to stagnant manufacturing or services industry, technology companies are both better clients and better employers.
Mix with that the thrill of working on things that are changing the world before our eyes, from Artificial Intelligence to Smart Contracts. Who does not want to work on these things? Cryptocurrencies have created hundreds of new billionaires in the last three years. Fortunes were made and lost on crypto exchanges, and hundreds of millions are still getting stolen from crypto wallets. The government in every country is grappling with issues and policies to deal with these new generation businesses. New and exciting laws and policies are being created every day around the world that keep tech lawyers busy. From net neutrality to data protection, technology law is undoubtedly the most happening legal sector today, and every lawyer dreams of being a part of this action.
With the technological advancement, laws and contracts have become more complicated. Sometimes you not only need to know the prevalent laws in India but comply with laws across the globe. This is also happening because technology businesses easily enter new geographies, sometimes without even having to set up offices in another country. As a tech lawyer, it is often not enough to know the laws of the country where you operate, but understand the global legal framework around issues like data protection, cloud contracts, cross-border tech-enabled crime, technology contracts, content restrictions, international transactions, breach of cyber security and emerging government policies.
Many of the exciting startups are technology-based and massively rely on technological advancements. Every known industry like media and press, telecom, FMCG, food, retail, farming, defence, education and anything else you can imagine is being or is about to be disrupted by technology companies. Companies which fail to embrace new technologies are being assigned to the dustbin, as seen from the epic downfalls of companies like Kodak and Xerox which used to be mighty empires that fell due to lack of focus on technology.
In the times where everything is going digital, there are innumerable laws and regulations that govern everything from operations, contracts, and transactions. Companies are increasingly in desperate need of professionals who understand these laws and regulations, and even the government policies behind them, so that they can protect their significant business interests and extract maximum advantage in the marketplace.
Amidst the data privacy issues, cyber threats, increasing fintech and transparencies, you need to be able to keep up with technology and laws. You need to be one step ahead of the curve.
Should I invest time, money and energy into learning technology law?
If you are a law student or a young lawyer looking for an area to specialise in, technology law is probably a very wise choice. If you are a techie, technology manager or founder who is thinking of investing in understanding the rules that define this game, then you are making a very wise choice too. This investment is likely to pay very rich dividends over the years in your life as the technology frontier is pushed further and more value is generated by the tech industry to support a global population of over 7 billion people and growing.
However, how can you develop a deep understanding of technology laws, contracts, regulations and fast developing government policies? Reading the sections and case laws is grossly inadequate, and anyway, that’s something you could google at a moments notice.
So what should you learn to become an outstanding technology lawyer or a shrewd strategist as a techie or founder?
You need to know how to identify the possible vulnerabilities in your client’s business model and dealings. You need to be able to strategize and structure deals to create safeguards against those vulnerabilities. You also need to be able to foresee the potential threats and risks. You’ll need to draft technology contracts like Software License and Assignment Agreements, IT Services Agreements, Cloud Services Agreement, Content Licensing Agreements, terms and conditions for platforms, e-commerce vendor agreements etc. You need to be able to review the contracts and negotiate the best deal for your clients. You need to be aware of regulations developing around the world, and predict how things may shape up in India and other key markets of your company. You need to know what to ask and what to give up during a negotiation. You need to know to learn about risk management and introduce best practices in your organisation or client’s business.
You need to develop astute thinking and understanding around technology and law. Rather than knowing sections, you need to understand how business is done, what are various interests at loggerheads, and how the law can be used to win the day or protect your skin.
What are the essential skills for a technology lawyer?
While the skill set for specialised lawyers may vary based on their industry, there remain certain essentials which cannot be amiss in a technology lawyer.
For the employers, it is cost-efficient to hire a technology lawyer who is already competent in technology, rather than training them on the job. The specialised skill sets are much easier to acquire than it seems. If you are aiming for a good package and role, it is far better to acquire these skills before you start working and in the 2nd best case, you must work on them while you are working as a tech lawyer to progress faster in career.
You need the practical skills like technology related contract drafting, risk assessment, risk management, strategising, policy-making and implementation, negotiation and last but not the least, ability to speak in the language of your clients i.e. techies! If you can’t explain complex laws to them simply in their language, you will find it difficult to progress in tech law.
– Knowledge of emerging technologies
Although a technical degree is not a requirement, there needs to familiarity with the technological advancements. You don’t need to be a techie to be a technology lawyer, but you must be able to understand the mechanisms, parlance and terminology of the technology world.
For a technology lawyer these terms hold much significant value when they converge with law. For instance, in a clarification to Section 31D of the Copyright Act, 1957, Department of Industrial Policy and Promotion (DIPP) clarified that the term ‘broadcasting’ shall include internet broadcasting as well, it created confusion as to which companies fall under the purview of ‘internet companies’. This raised questions like whether streaming applications like Gaana and Saavn are essentially internet-enabled companies or internet companies? A technology lawyer would need to understand the mechanism of streaming music as well as its definition in the light of internet company.
Also, these days many a law firms and companies want to create a virtual version of their organisation through cloud computing and knowledge management systems. There are even Decentralized Automated Organizations (DAO) which would be implemented across many sectors. There are areas like e-discovery, automated documentation processes, usage of artificial intelligence to make routine decisions. These process altogether save valuable time and thereby costs for the organisation. The technology lawyers competent in such operations are high in demand in companies that deal with these technologies. Apart from knowing the law, you must understand what the technology does and sometimes even how it does whatever it does.
A tech lawyer need to stay in touch with emerging areas of technology because very often that is where legal and policy issues and disputes arise. Legal and policy issues are arising in India right now in domains such as drone licensing and civilian use of drones, cryptocurrency, big data collection and storage, space and defence technology, cloud computing, emerging e-commerce practices, payment gateway debacles, cyber security, net neutrality, biotechnology etc. If you do not understand the underlying technology, how things are being done and where it is all headed, practicing technology law is very difficult only by knowing legal provisions.
– Technology Contract Drafting & Negotiation
Contract drafting is one of the most quintessential skills for any lawyer. The art of drafting contracts which safeguard the client’s interests and provides for a more comprehensive layout of dealings is an inherent part of the job for lawyers.
For a technology lawyer, this skill has to be taken a step further. These lawyers need to know about contracts which are more relevant to tech companies on a daily basis such as Standard Distributor Licensing Agreement, Cloud Computing Agreement, Outsourcing Agreement, Software Licensing Agreement, etc. Even with respect to more commonplace agreements such as NDAs, non-compete agreements, employment agreements, investment agreements, vendor agreements etc., you need to learn to draft improvised versions that are more suited to technology industry.
There are things you need to do beyond obvious drafting and negotiation work too, which is strategizing deals. Imagine, what would happen if your counter party finds out that you are using someone else’s patented technology in the middle of negotiating a deal. There cannot be any worse timing than this to lose leverage in a negotiation. To avert any infringement and thereby costs to the company, you need to apply for necessary permissions and licensing, and get the paperwork right in time!
The technology lawyers are present throughout the way, right from the launch of the product, to getting the necessary licenses and permissions, to managing the intellectual property portfolio and disputes arising out various contracts. They need to negotiate and draft the best possible deal for their companies.
If you do not know how certain contracts are drafted or best practices in the industry, it will be a significant disadvantage.
– Managing the IP Portfolio
The primary product of any technology-based company or client is their intellectual property.
There are product companies and services companies. Product companies develop technology which is usually their core product, and must protect their proprietary technology from getting copied. Sometimes this means getting patent protection, and at other times simply ensuring that non-patentable proprietary technology is not leaked to competitors or exploited by ex-employees. Think of the ‘slide to unlock’ technology on your smartphones. Apple and Samsung got into the smartphones patent wars by filing about 50 lawsuits for various patents, trademarks infringement, around the world and claiming billions of dollars between them! Service companies on the other hand, develop technology for other companies. The terms of the services contract define whether they retain any rights on the technology developed by them or not.
The noteworthy thing about technology is that more than one party could be working on the same technology, at the same time. If the intellectual property if your client is not adequately protected or it overlaps with existing technology, the lawyers have to ensure that the damage is mitigated while protecting their client’s interests.
As a technology lawyer, you have to manage the IP portfolio more diligently than your counterparts as the existence of your company may depend on preventing others from copying or replicating the technology! In media related technology companies, the IP battle may be to stop your content being pirated on the world wide web. To do this successfully over a period of time, tech lawyers have to introduce company-wide policies and implement them in time. They have to educate the various departments and management regarding the risks and help them mitigate the foreseeable risks and costs.
They need to apply for the necessary trademark, patents, copyright registrations and enter into trade secret and non disclosure agreements where necessary. In case of an overlap of technology, it has to be mitigated by procuring third-party licenses, or finding flaws in the oppositions filed against them. The IP portfolio management is one of the critical functions of a technology lawyer.
– Risk Assessment & Management
A good lawyer has to have forethought about possible risks. There is no point in digging up a well when there is fire; it has to be done beforehand. There are risks in every business across industries. However, a lawyer has to ensure that they don’t come back to bite you.
From this perspective, it is important to know the history of an industry, and even correlate what happened in other tech industries and be able to predict the way things may shape up for your client. One has to have a grasp of evolving government policies, judicial developments as well be keyed into technological developments.
Sometimes risk management is a simple matter of doing a prior art search, and at other times it is all about advising the CEO about where the next regulatory roadblock may come from.
– Policy Making & Implementation
It is not enough to merely assess the risks and potential complications. There has to be a system or policy to ensure such risks are averted in a systematic manner. The lawyers while ascertaining the risks have to come up with systems that help the organisation to manage their risks and adhere to necessary compliances. For instance, the privacy policy on any website like say Google, is to increase transparency and minimise their intermediary liability. If you are a media platform, you may want to ensure that you are counted as an intermediary – and certain steps may have to be taken so that you are not hit by unforeseen copyright claims or getting sued for violating child porn laws due to users misusing your platform. If someone wants to complain about copyright violation to your platform, is there an effective way to do so? The lawyer may have to ensure that even though that’s not strictly legal work, but falls well within definition of policy making and implementation. Tech lawyers frequently need to take care of such things.
But policy-making itself doesn’t ensure its effective implementation. Even the best of policies, if improperly executed lead to a bigger mess. Just look at Aadhar unique id. In spite of having the government, technology and plan on their side, the callous manner of implementation of said policy led to multiple lawsuits!
– Litigation and dispute resolution in tech
Tech litigation is on the rise along with global growth of tech industry, as well as increasing complexity and regulation of this sector in every corner of the planet. From IP disputes to co-founder conflicts, from data theft to class action suits for malpractice, tech litigation is never as hot as it is now. We can only predict that this will continue to increase. Specialized tech litigators stand to make the most money as high profile and high stake tech battles reach arbitration chambers and courtrooms with increasing frequency.
The biggest challenge for the technology lawyers in litigation, is usually explaining the technology to the judges or arbitrators with no technology background. The skill of communicating the dense and complex technical manner in the simplest manner in order to convince the judges is much desired. It requires highly strategic thinking and personal grasp of the subject matter.
Imagine explaining complex algorithms that determine logistical efficiency in food delivery by drones, robots built using nanotechnology or cryptocurrency regulations to a judge. This is the challenging task for tech litigators often get paid in millions.
One thing is sure beyond any doubt; there are new grounds to break for technology lawyers with the passage of time. We now have a lot of technology that used to be unthinkable a decade back. Who knows what kind technology will be imagined and realised next? We can, however, not imagine a technology space without tech lawyers making the wheels roll.
So buckle up technology lawyers of the future! This is a very exciting and profitable time to become a tech lawyer.