(vi)
The virtual asset service providers, virtual asset exchange providers and
custodian wallet providers (as defined by Ministry of Finance from time to
time) shall mandatorily maintain all information obtained as part of Know
Your Customer (KYC) and records of financial transactions for a period of
five years so as to ensure cyber security in the area of payments and
financial markets for citizens while protecting their data, fundamental
rights and economic freedom in view of the growth of virtual assets.
For the purpose of KYC, the Reserve Bank of India (RBI) Directions 2016
/ Securities and Exchange Board of India (SEBI) circular dated April 24,
2020 / Department of Telecom (DoT) notice September 21, 2021 mandated
procedures as amended from time to time may be referred to as per
Annexure III.
With respect to transaction records, accurate information shall be
maintained in such a way that individual transaction can be reconstructed
along with the relevant elements comprising of, but not limited to,
information relating to the identification of the relevant parties including
IP addresses along with timestamps and time zones, transaction ID, the
public keys (or equivalent identifiers), addresses or accounts involved (or
equivalent identifiers), the nature and date of the transaction, and the
amount transferred.
And whereas, the meaning to the terms ‘cyber incident’ or ‘cyber security
incident’ or ‘computer resource’ or other terms may be ascribed as defined in the
IT Act, 2000 or “The Information Technology (The Indian Computer Emergency
Response Team and Manner of performing functions and duties) Rules, 2013” as
the case may be.
And whereas, in case of any incident, the above-referred entities must furnish
the details as called for by CERT-In. The failure to furnish the information or
non-compliance with the ibid. directions, may invite punitive action under subsection (7) of the section 70B of the IT Act, 2000 and other laws as applicable.
This direction will become effective after 60 days from the date on which it is
issued.
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