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Regulator-develops-blockchain-platform-for-security

Regulator develops blockchain platform for security

The Securities and Exchange Board of India (SEBI) is developing a security and covenant monitoring platform using distributed ledger technology (DLT), according to a 13 August circular by the market regulator. The system, to be...
Corporate and commercial e-interests yield to consumers, Manoj Kumar, Hammurabi & Solomon Partners

Corporate and commercial e-interests yield to consumers

By Manoj Kumar, Hammurabi & Solomon Partners
A new draft of the e-commerce rules was published in June 2021 and feedback is invited. The rules apply to all goods and services purchased or sold over electronic networks, including non-tangible products and...
Top Foreign Firms 2021 - Mapping global expertise

Mapping global expertise

As a wave of dealmaking showcases legal prowess around the world, India Business Law Journal reveals the top foreign law firms for India work. By Vandana Chatlani Well over a year has passed since the...
PSL Advocates opens in Bengaluru

PSL opens in Bengaluru

PSL Advocates has opened a new office at Gold Towers, 50 Residency Road in Bengaluru. Siddharth Jain, the firm’s co-founding partner, will move to the country’s IT capital to head the office. His practice...
Cabinet reshuffle delays data privacy law

Cabinet reshuffle delays data privacy law

The recent cabinet reshuffle that saw senior ministers leaving their posts will delay the country’s much-awaited data privacy law, legal experts have warned.  The government’s recent announcement saw the departures of: Minister of Law and...
Delays and inconsistent treatment reduce RERA’s effectiveness, Amaresh Kumar Singh, HSA Advocates

Delays and inconsistent treatment reduce RERA’s effectiveness

By Amaresh Kumar Singh, HSA Advocates
RERA, or the Real Estate (Regulation and Development) Act, 2016 (act) and the Real Estate Regulatory Authority established under it, aimed to balance the interests of the various stakeholders in the real estate ecosystem,...
RBI puts freeze on Mastercard issuances

RBI puts freeze on Mastercard issuances

Mastercard’s failure to comply with the Reserve Bank of India’s (RBI) directive to store payment data in the country has left private sector banks including HDFC Bank, ICICI Bank, RBL Bank and Yes Bank,...

Regulating e-commerce: Do we see oversight or an overdose?

By Karan Chandhiok and Lagna Panda, Chandhiok & Mahajan
The Ministry of Consumer Affairs, Food and Public Distribution recently proposed amendments to the Consumer Protection (E-commerce) Rules, 2020 (rules). The rules came into force in 2020 and were framed under section 101(2)(zg) of the...
WhatsApp to close the shutters on privacy policy

WhatsApp shutters plan to enforce privacy update

Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
Indian-Law-Firm-Awards-2021-logo

Indian Law Firm Awards 2021

Vandana Chatlani reports India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected. Investments in...

Call to action

What lawyers are doing to provide covid relief – and how you can help As India reels under a devastating second wave of covid-19, lawyers at domestic and international law firms are coming together to...
Policing-the-internet

Policing the internet

Recently released guidelines giving the government power over social media and news portals are being challenged in court. Freny Patel asks experts whether the new rules are a case of overreach The release of “draconian”...
Intellect Design Arena appoints new legal chief, K Satish Kumar

Intellect Design Arena appoints new legal chief

K Satish Kumar has joined Chennai-based fintech company Intellect Design Arena as its senior vice president and group chief legal officer. He departs from Ramco Systems, a software services provider, where he had been global...
Data protection becomes a competition issue, Avinash Amarnath and Prachi Agarwal, Chandhiok & Mahajan

Data protection becomes a competition issue

By Avinash Amarnath and Prachi Agarwal, Chandhiok & Mahajan
Advances in technology and digitisation have led to an increasing focus on the collection and storage of personal data. The collection, storage and use of such data as customers’ contact details and search preferences...
Security by design in digital payment controls, Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co

Security by design in digital payment controls

By Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co
In February 2021, the Reserve Bank of India (RBI) issued the RBI (Digital Payment Security Controls) Directions, 2021 (master directions). The trigger for these regulations was the exponential growth of digital payments and the...
Enthusiasm for healthcare offers new practice opportunities, Arjun Krishnamoorthy, J Sagar Associates

Enthusiasm for healthcare offers new practice opportunities

By Arjun Krishnamoorthy, J Sagar Associates
The covid-19 pandemic has seen changes in practices across the world, ranging from frequent hand washing to revisions of long standing standard contractual clauses. A notable change was in the government budget earlier this...
Will-raising-FDI-cap-attract-foreign-insurers

Insurance in bloom

The foreign ownership cap for the sector is set to be raised to 74%, but prospective investors are waiting for details of yet-to-be announced 'safeguards' before they have a flutter. Freny Patel reports The proposal...
Disincentives to foreign investment in non-personal data, Asim Abbas and John Simte, L&L Partners

Disincentives to foreign investment in non-personal data

By Asim Abbas and John Simte, L&L Partners
Global internet-based companies have invested greatly in systems that allow them to harvest and monetise non-personal data. Their incentives to do so in India may soon be reduced. The Committee of Experts on Non-Personal...
WhatsApp case shows need for data privacy law

WhatsApp case shows need for data privacy law

The Supreme Court may have come down heavily on WhatsApp over the proposed change in its privacy policy, but uncertainty brews as to whether the top court can force the US messaging service to reverse...
Competition watchdog breaks data privacy silence

Competition watchdog breaks data privacy silence

India’s antitrust authority has finally broken its silence and identified the relationship between data privacy and competition. But although the market study on the telecommunications industry touched upon data privacy issues, the Competition Commission of India (CCI) fell short...
Harsh Aggarwal is general manager of legal, and Roma Arora is the joint general manager of legal at Havells

Eyes on the spies

General counsel need to keep a close eye out for unscrupulous anti-counterfeit agencies looking to take their companies for a ride. By Harsh Aggarwal and Roma Arora The trade in counterfeit and pirated goods worldwide...
Manchanda joins partnership at Chandhiok

Manchanda joins partnership at Chandhiok

Deeksha Manchanda has been inducted into the partnership of Chandhiok & Mahajan. Previously a counsel at the firm working in the competition and regulatory practice areas, Manchanda specializes in advising clients on all aspects of...
Digital lending in India- Move towards regulation, Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co

Digital lending in India: Move towards regulation

By Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co
On 15 January 2021, the Delhi High Court directed the government and the Reserve Bank of India (RBI) to respond to a writ petition filed by Dharanidhar Karimojji (petition) seeking the regulation of digital...
Draft drops mandatory non-personal data sharing

Draft drops mandatory non-personal data sharing

Sense seems to have prevailed as the revised draft of the non-personal data report has dropped the mandatory sharing of non-personal data, at least between private entities, which could result in a conflict with intellectual...
India law firms- deals of the year 2020

Deals of the Year

India Business Law Journal reveals the most significant deals and disputes of 2020 and the law firms that worked tirelessly in bringing them to fruition. By Rebecca Abraham The year gone by has been unlike...

Protection for fluid trademarks in India

In order to keep up with a changing world, some companies have used branding and advertising of fluid trademarks (i.e., logos), trade dress in particular. Brand owners have done this during covid-19, trying to...
Policy tweak

Policy tweak

The Draft Data Centre Policy 2020 is much needed for the digital economy, but could benefit from single window clearance, economic incentives and protections against misuse of data, writes PM Devaiah   The Draft Data...
TMT specialist returns to L&L

TMT specialist returns to L&L

L&L Partners has hired Asim Abbas as a partner in the firm’s New Delhi office. Abbas specializes in technology, media and telecommunications (TMT) and has domain expertise in TMT-related assignments relating to policy, regulatory, contractual, compliance...
Vineetha MG (left) is a partner and Pratik Patnaik is a senior associate at Samvad Partners

How proposed data reform will affect venture capital

By Vineetha MG and Pratik Patnaik, Samvad Partners
The committee studying non-personal data and data governance frameworks has issued a draft report for consultation. The report particularly affects digital businesses including fintech and payment service providers, as it proposes a new regime...
labour law

Will it work?

The government is working to implement newly codified labour laws, but how will they fare in a transformed working environment? Ragini Rastogi reports With the new labour codes having received presidential assent, 29 labour laws...
law firms crisi point

Crisis point

Enduring one of the most challenging periods in their lives, lawyers tell India Business Law Journal how their firms have been managing and how the violent disruption of the pandemic is forcing change. Gautam...
Nitin Mittal, General counsel,Signify, pandemic

A metamorphosis

The disruptive effects of the pandemic have prompted in-house counsel to evolve or be rendered irrelevant, writes Nitin Mittal There is a tide in the affairs of men, which, taken at the flood, leads on...
law firm partner exit retention India business law journal

Greener pastures

What is the best way for a law firm to manage the exit of a star partner? Six senior lawyers share their views with Vandana Chatlani With the global economy firmly in the grip of...
Mishi Choudhary is founder and legal director at Software Freedom Law Centre. India’s TikTok ban and need for privacy legislation

Pulling the plug

In the aftermath of the TikTok ban Mishi Choudhary, the founder of Software Freedom Law Centre (India), says the government must enact pro-privacy legislation that protects private data from tech companies, regardless of their...
Top-foreign-law-firms-for-India-work---foreign-lawyers-Indian-lawyers-legal-services-legal-advise

A cut above the rest

India Business Law Journal reveals its leading foreign firms for India work. Vandana Chatlani reports Life has changed dramatically, and so, too, the process of law and business. Disruption, doubts, and delays caused by the...
data

Carlyle continues India investment with Nxtra stake

Freshfields Bruckhaus Deringer and L&L Partners advised entities within the Carlyle Group when it agreed to acquire a 25% stake in Bharti Airtel's data centre arm, Nxtra Data. Bharti Airtel, which will retain the remaining...
privacy

Are you being watched?

Governments adopting trace-and-track apps to prevent the spread of the pandemic have raised questions about the ‘right balance’ between pandemic response and privacy considerations. James Nunn-Price and Manish Sehgal set out the risks and...
contracts

Managing outsourcing contracts

Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties. Arijita Kakati and Aparna...
India

Indian Law Firm Awards 2020

The 2021 Indian Law Firm Awards is out. Click here to see "Indian Law Firm Awards 2021" And the winners are ... Rebecca Abraham reports Companies and law firms across India have been grappling with a...
COVID-19

How COVID-19 affects personal health data

By Deeksha Manchanda, Chandhiok & Mahajan
Governments and civil societies worldwide are making dramatic efforts to contain the spread of COVID-19. In India, notices have been placed outside the homes of people under quarantine or with the names of those...
internet

India unplugged

As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, Amar Sundram analyses a recent Supreme Court judgment challenging blackout actions in Kashmir. The Narendra...
sandbox

The curious case of the privacy sandbox

By Lagna Panda, Chandhiok & Mahajan
In December 2019, the Personal Data Protection Bill, 2019 (PDP bill), was introduced in parliament and was then referred to a joint parliamentary committee for review. Compared to the 2018 version, the PDP bill...
India Business Law Journal

When families fail

Is all really fair in love and war? When it comes to warfare between siblings, or in families, there is often little that is fair or reasonable. As seen in many a Bollywood movie, and...
deals

Deals of the Year 2019

India Business Law Journal reveals the most significant deals and disputes of 2019 and the law firms that worked tirelessly to bring them to fruition The best transactions for the past year in India came...
data

Regulating data: Will fintech need a new approach?

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co
Fintech relies heavily on data. Its ability to effectively analyse non-traditional data sources and deliver customized financial products has been vital to the industry. Any law that regulates the manner in which data is...
transaction

High court ruling on guarantor cheques

The High Court of Kerala has held that the presumption under section 139 of the Negotiable Instruments Act, 1881 (NI Act) applies even to a cheque issued by a guarantor, as it is being...

SC: No defamation protection for intermediaries

The Supreme Court, in Google India Pvt Ltd v Vishakha Industries and Anr, clarified that intermediaries cannot claim protection from defamation under section 79 of the Information Technology Act, 2000 (IT Act). Asbestos manufacture Vishakha...
harassment

India in 2020: Tackling sexual harassment 

This article is one of four in an annual Vantage Point series where in-house counsel identify key risks and opportunities in the year ahead With the Sexual Harassment of Women at Workplace (Prevention, Prohibition &...
data

India in 2020: Relief in sight from data protection bill?

This article is one of four in an annual Vantage Point series where in-house counsel identify key risks and opportunities in the year ahead The Joint Parliamentary Committee (JPC) report on the revised Personal Data...
digital

India in 2020: Digital transformation is key for GCs

This article is one of four in an annual Vantage Point series where in-house counsel identify key risks and opportunities in the year ahead The need for general counsel (GC) in 2020 will be...
FDI

India in 2020: Easing restrictions on foreign investment

This article is one of four in an annual Vantage Point series where in-house counsel identify key risks and opportunities in the year ahead Foreign direct investment (FDI) is a major monetary source for India’s economic...
data

Juggling act

The evolution of the personal data protection bill is influenced by the need to protect the interests of businesses, the government and the individual, writes Yukti Sharma India’s journey to a personal data protection law...
bill

PDP bill reaches parliament

The much-awaited Personal Data Protection Bill, 2019 (PDP bill) was introduced in the Lok Sabha (lower house) of the parliament on 11 December 2019. The PDP bill has been substantially revised from the draft PDP Bill, 2018, which was...
privacy

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
On its way to becoming a US$5 trillion economy with nearly 500 million web users, India is second only to China as the largest online market in the world. Increased net penetration, exponential increases...
Hotels

Hotels are liable for theft of guest’s vehicles

In a recent judgment, the Supreme Court held that in a case of theft of a vehicle given for valet parking, the hotel owner cannot contract out of liability for its negligence, or that...
data

Committee to look into NPD governance

The Ministry of Electronics and Information Technology has constituted a committee, headed by former Infosys CEO Kris Gopalakrishnan, to explore the governance of non-personal data (NPD). MeitY emphasizes the need to recognize the economic...
intermediaries

How much regulation can intermediaries bear?

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co
Payment gateways (PGs) and payment aggregators (PAs) are payment intermediaries (PIs) that facilitate payments online between a customer and a merchant. The Reserve Bank of India (RBI) has, so far, adopted a light-touch approach...
artificial intelligence

The AIs have it

Ritika Sharma explores the legal ramifications of a world dominated by artificial intelligence Technology is changing the world around us with increasing rapidity. New technologies are being incorporated more and more into our daily lives....
Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co

Is government’s plan to ban cryptocurrency warranted?

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co
An inter-ministerial committee (IMC) chaired by Subhash Garg (former secretary of department of economic affairs), which examined issues related to virtual currencies recently, recommended a complete ban on cryptocurrency. The IMC, also submitted a...
Lagna Panda, Chandhiok & Mahajan

RBI’s localization mandate: Cure without a problem?

By Lagna Panda, Chandhiok & Mahajan
The Reserve Bank of India (RBI), recently, issued clarifications to its 6 April 2018 directive on localization of payment data. The directive mandated payment system operators (PSO) to store their entire data relating to...
Twitter

Twitter debuts in India with ShareChat

Twitter has led a US$100 million round of funding in Mohalla Tech (ShareChat) in its maiden investment in India. “Twitter doesn’t really invest too much, so this is a rare occurrence,” said a lawyer familiar...
sandbox

Enter sandbox

Dear Editor, In an article on the regulatory sandbox proposed by the Reserve Bank of India (RBI), Shilpa Mankar Ahluwalia gave a comprehensive overview on the guidelines. While she raised concerns such as restrictive eligibility...

Under attack

A US report offers a stinging rebuke to India’s behaviour on matters of intellectual property. But how justified are its criticisms? Corporate counsel Harish Suryavanshi gives his view On the eve of World Intellectual Property...
Fintech startups

Making sense of regulatory sandbox for Fintech startups

By Nivedita Nivargi and Vishnu Kale, Samvad Partners
Over the past few years India has seen rapid development in the financial technology sector and it has the second highest number of Fintech startups in the world. According to certain estimates, India’s Fintech...
policy

Draft e-commerce policy puts intermediaries in a fix

By Ashwini Vittalachar and Sanjana Mathur, Samvad Partners
The Department for Promotion of Industry and Internal Trade released the draft national e-commerce policy for India on 23 February 2019. Given that “data is the new oil”, the principal focus of the draft...
India Business Law Journal

Think big, act bold

Lawyers weigh in with their demands from the new government Forecasting the monsoon is not a task for the fainthearted. Despite changing climate patterns, few foresee changes in the reach and reliability of the torrential...
law firms

Leaders of the pack

India Business Law Journal reveals the top international law firms for India-related matters. Vandana Chatlani reports. Five years ago, when Prime Minister Narendra Modi first came to power he was described by former CNN New...
GDPR

Taking stock

A year since its introduction, Oliver Yaros evaluates the impact of the European data protection regulation In 25 May 2018, the EU General Data Protection Regulation (GDPR) came into force. In the initial months EU...
modi government

Wish list

As the Modi government comes back to power, Lawyers tell Gautam Kagalwala about their expectations for the new term The ruling Bharatiya Janata Party led by Prime Minister Narendra Modi has won the elections resolutely...
regulatory sandbox

Closer look at Reserve Bank’s proposed regulatory sandbox

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co.
The Reserve Bank of India (RBI), last month, released a draft of the “Enabling Framework for Regulatory Sandbox”. A sandbox is a framework that allows regulation to evolve and keep pace with innovation in...
Smart cities mission

Smart cities mission risks ushering in Orwellian future

By Rachika A Sahay and Aakash Sharma, HSA Advocates
The Smart Cities Mission was launched by the government in June 2015 with a goal to develop 100 smart cities by 2020 (the deadline has been revised to 2023 now). Though a “smart city”...
India Business Law Journal

Unintended consequences

Fighting online counterfeiting may come at the cost of business Taking action against counterfeiters is a worthy endeavour. Yet the chances of total victory may be slim, not least because the enemy in question has...

Caught up in courts

Commercial courts and mandatory mediation are welcome steps, but it will take a lot more to unclog the legal system, writes K Satish Kumar of Ramco Systems Doing business in India is a catch 22...

Parliament in numbers

Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala assesses the performance of the Lok Sabha in the past five years compared with the two previous terms The 2019 budget session of India's parliament...
India Inc slow to embrace IIoT, finds survey

India Inc slow to embrace IIoT, finds survey

Indian businesses seem to be taking a wait-and-see approach towards the adoption of industrial internet of things (IIoT), according to a recent report by Osborne Clarke. The report surveyed 40 senior executives in manufacturing,...
Arun-Prabhu-Samraat-Basu-Cyril-Amarchand-Mangaldas

Draft e-commerce policy – the devil is in the details

By Arun Prabhu and Samraat Basu, Cyril Amarchand Mangaldas
The Department for Promotion of Industry and Internal Trade (DPIIT) issued a revised draft of the National E-commerce Policy (policy) on 23 February 2019 seeking feedback and comments from stakeholders. The policy seeks to...
Top-100-India-focused-legal-experts-outside-the-country

The International A-List 2019

India Business Law Journal reveals the top 100 India-focused legal experts outside the country View the A-List 2019 For more than 20 years the opening of India’s legal market to foreign law firms has been the...
Shilpa-Mankar-Ahluwalia-Himanshu-Malhotra-Shardul-Amarchand-Mangaldas-&-Co

Aadhaar Act amendments take steps in right direction

By Shilpa Mankar Ahluwalia and Himanshu Malhotra, Shardul Amarchand Mangaldas & Co
Fintech players in India had effectively leveraged the Aadhaar-based know-your-customer authentication services (Aadhaar KYC) made available by the Unique Identification Authority of India (UIDAI) to onboard customers quickly and at a fraction of the...
How-to-implement-sound-risk-management-practices-AKHIL-PRASAD-Boeing-International-Corporation-India-country-counsel-and-company-secretary-2

Risky business

Why the failure to implement sound risk management practices can place your company in a precarious position. By Akhil Prasad Businesses have been familiar with risk management for a long time, but recent instances of...
Top law firms in India

Indian Law Firm Awards, 2019

The 2020 Indian Law Firm Awards is out. Click here to see our full coverage  India Business Law Journal presents the top law firms in India 2018-2019. Rebecca Abraham reports The challenges and opportunities of the past...
troll-talk-disinfrmation-media-regulation-law-firms-2

Trolls and trash talk

The speed at which information spreads online can seriously damage a company, and ensuring an adequate grievance mechanism for disgruntled employees is crucial as the law balances ill intent with freedom of speech, writes...
Karan-Singh-Chandhiok-and-Lagna-Panda-Chandhiok-Mahajan-2

Regulatory conundrum: Whose data is it anyway?

By Karan Singh Chandhiok and Lagna Panda, Chandhiok & Mahajan
A crisis of trust seems to be brewing over the way data is collected, stored and used. Inadequate and unclear laws, conflicts of interest among stakeholders, and a general lack of understanding about the...
Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co

Aadhaar: The way forward for fintech companies

By Shilpa Mankar Ahluwalia, Shardul Amarchand Mangaldas & Co
Fintech has caused significant disruption in the financial services industry. Aadhaar (a unique identity number-based on biometric data) was, probably, the single largest factor that contributed to the exponential growth in fintech products in...
Legal-frontier-India

Legal frontiers

Leading law firms shed light on the cutting-edge practice areas that are receiving the attention of India’s top legal minds Internet platform liability Bankruptcy & insolvency Data privacy Taxation  INTERNET PLATFORM LIABILITY  Intermediary liability in India – moving goalposts The internet...
Vikram-Jeet-Singh-Prashant-Mara

Intermediary liability in India – moving goalposts

By Vikram Jeet Singh and Prashant Mara, BTG Legal
 INTERNET PLATFORM LIABILITY  The internet has revolutionized the way we interact; however, it has also brought with it a host of problems such as hate speech, terrorist recruitment, fake news, illegal lobbying, and personal data...
Tejas-Karia-Shashank-Mishra

Indian data privacy bill: the road ahead

By Tejas Karia and Shashank Mishra, Shardul Amarchand Mangaldas
 DATA PRIVACY  The European Commission recently released a set of statistics reflecting on the “compliance, enforcement and awareness” of the General Data Protection Regulation (GDPR), which has been in force for over 10 months now....
Deals of the year 2018 | India Business Law Journal

Deals of the Year 2018

India Business Law Journal reveals the most important deals and disputes of 2018 and the law firms behind them. Gautam Kagalwala reports Last year mingled pleasure with pain for debt-strapped India, and many of the...
Insolvency and Bankruptcy Code

In sickness & health

Rajiv Choubey explores the evolution of law surrounding insolvency and bankruptcy, and how regulations designed to protect sick companies had been misused until the Insolvency and Bankruptcy Code was enacted Insolvency and Bankruptcy Code 2016 The...
India-data-privacy-e-commerce-pharma-in-house-lawyers-2

India in 2019

Three prominent in-house counsel foretell the risks and opportunities in the pharma, data privacy and e-commerce sectors Pharma: evolving priorities The year ahead will see pharma companies and their general counsel (GC) continue to grapple with...
india-legal-developments-2018

2018: The year that was

Aman Abbas and Anant Ghuge review the major legal issues and policy developments that made headlines in India’s mainstream media The pages, websites and studios of  the mainstream media were buzzing with  matters before India’s...
Bharat-Vasani-and-Vidhi-Sharma-Cyril-Amarchand-Mangaldas--2

Electronic surveillance: Much ado about nothing?

By Bharat Vasani and Vidhi Sharma, Cyril Amarchand Mangaldas
On 20 December 2018, the Ministry of Home Affairs (MHA), Cyber and Information Security Division, issued an order authorizing ten security and intelligence agencies to intercept, monitor and decrypt any information generated, transmitted, received...

Aadhar and private firms: State of play of section 57

By Arun Prabhu, Cyril Amarchand Mangaldas
The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Aadhaar act), and the related regulations create an extensive framework regulating requesting entities and their usage of Aadhaar information. In sharp...

Playing catch-up with technology

Laws should ensure the well-being of customers by protecting them, and not Limit their access to financial services, writes Shivli Katyayan When Greek philosopher Heraclitus (535-475 BC) said “nothing is permanent but change”, little did...
David-White-Director-AlixPartners-2

Deciphering data privacy

AlixPartners director David White has investigated financial fraud as part of the US Department of Justice’s multi-agency bank fraud taskforce and has served as special e-discovery counsel for numerous multinational Fortune 100 companies. India...

Genpact’s assistant VP sets up data privacy advisory firm

The legal counsel and assistant vice-president for intellectual property and data privacy at Genpact has set up a consultancy focusing on data privacy and intellectual property (IP). Srinjoy Banerjee opened an office in Gurugram and...

Law making and policy initiatives in a digital age

By Manoj Kumar, Hammurabi & Solomon
As the technological revolution advances, bringing challenges such as Aadhar, privacy, data protection and e-governance, the process of law making and initiating policy has to face its own trials. In a digital age, the essential...

Big data: A new frontier for competition law

By Kalyani Singh and Mohith Gauri, Chandhiok & Mahajan
Big data and data-driven innovations have become an important part of our digital society. Big data has the potential to significantly improve services and products. Given the ubiquity and the impact of big data,...

Draft data protection bill: Key points for companies

By Deepak Sabharwal, Deepak Sabharwal & Associates
Following an increase in personal data theft and other digital crimes, a draft Personal Data Protection Bill, 2018, was submitted to the Ministry of Electronics and Information Technology by a committee of experts chaired...
India-Draft-data-protection-law-unveiled

Draft data protection law unveiled

The Committee of Experts entrusted with creating a data protection framework for India released India’s long-awaited draft Personal Data Protection Bill, 2018, on 27 July. The draft bill proposes a comprehensive data protection framework...
Trilegal-partner-pens-book-on-privacy

Trilegal partner pens book on privacy

Trilegal partner Rahul Matthan launched his book Privacy 3.0 at the Nehru Memorial Museum in Delhi on 23 August with columnist and television personality Vir Sanghvi. Matthan launches his book at a time when the draft Personal...
India's legal industry

The state of India’s legal market

Undercutting of legal fees is set to continue, as opposing forces of fragmentation and consolidation battle to shape the legal industry in India. Gautam Kagalwala reports To coincide with the publication of the 2018-19...
India Business Law Journal

An audacious argument

Can a case be made for working less? In his paradigm-challenging 1935 essay, titled In praise of idleness, British philosopher Bertrand Russell wrote: “I want to say, in all seriousness, that a great deal of harm...

Legislation for the ‘new gold’

The draft data privacy bill shows that global best practices were considered, but somewhere these were lost in translation, writes Srinjoy Banerjee George Orwell’s famous novel 1984 immediately comes to mind when reading the report...
Today’s general counsel performs many roles | India Business Law Journal

One head, many hats

Today’s general counsel performs many roles – counsellor, information gatekeeper during a crisis, business strategist and others at different times, writes Preeti Balwani Abusy airport, a bustling waiting lounge and an emergency. A large client...

High fliers

Lawyers from around the world have had a busy year in India working on deals while adhering to the country’s ‘fly-in fly-out’ model. India Business Law Journal reveals the top international firms that are...

Challenges ahead for policy on digital communications

By Rahul Goel, Cyril Amarchand Mangaldas
Technology is changing and so is the way we live and communicate. As information and communications technology evolves, the policy and regulatory structure must also change, to enable people to access newer, emerging technologies....
India Business Law Journal

In two minds

Ambivalent attitude towards foreign investors has its drawbacks Yes, we offer protections for foreign investment, but no, we cannot say we won’t change our mind about it. This seems to have been the government’s mantra...
An article about GDPR and it's impact on India

Locked in

Indian companies that hold data on EU residents could face large fines and jeopardize commercial relationships if their compliance with the new GDPR is not watertight, writes Oliver Yaros The General Data Protection Regulation (GDPR)...
Editor's note IBLJ

David beats Goliath

Trademark ruling makes international brand owners tremble Few people would describe the name Prius as anything other than the marque of Toyota’s iconic hybrid car. Even so, there was not much reaction from the press...

Trademark toolkit

Smart strategies to protect your marks inside and outside the courts. Vandana Chatlani reports Last July, the Supreme Court observed “a disturbing trend” of intellectual property (IP) disputes failing to reach the disposal stage due...
trade-secrets-india-law

Safeguarding secrets

How can companies prevent former employees from using confidential information once they’ve walked out the door? Kiran Radhakrishnan explains In order to maintain a competitive edge in an era of globalization and increasingly liberalized markets, businesses...

Innovation and patent protection for startups

By Pankaj Musyuni, LexOrbis
Protecting innovations at every stage of their life-cycle is of utmost importance for all startups. Patents are one way to do this. Patents are exclusive intellectual property rights (IPR) that can effectively prevent others...

Regulation of outsourcing finally extended to NBFCs

By Shruti Rajan and Rutu Gandhi, Cyril Amarchand Mangaldas
Outsourcing has become increasingly complex. The world over, laws and regulatory frameworks have been put in place to permit execution and management to take place outside, while ensuring that the key risks and responsibilities...
corporate-counsel-associations

True colours

Corporate counsel associations portray themselves as friend, adviser and management guide for in-house counsel. But are they delivering the goods? Gautam Kagalwala reports In-house counsel are well aware of the services of corporate counsel associations...

Indian Law Firm Awards 2017

Find the latest winners of the top law firms in 2018-2019 here   India Business Law Journal names the top law firms in India 2017-18. Rebecca Abraham reports By all accounts, 2017 has provided both opportunities and...
Deals-of-the-Year-2017

Deals of the Year 2017

India Business Law Journal showcases the most significant deals of 2017 and the law firms behind them. Nandini Lakshman reports The overarching theme in India in 2017 was demonetization. It ravaged the economy, slackened the...
India in 2018

India in 2018

In-house counsel foretell the key issues and developments that will shape the country’s business and legal environment in the year ahead  DIBYOJYOTI MAINAK  India’s ‘start-up boom’ has seen a considerable decline over the last year especially...
India Business Law Journal

Discordant voices

Sunlight, as US Justice Louis Brandeis famously said, is the best disinfectant  When four judges of the Supreme Court recently spoke out about what they see as abuse of power by the chief justice of...
Insolvency-code

A time for prudence

The insolvency code is being wielded against real estate companies that accumulated large debts in order to outpace the competition. Tushar Chawla, Alpana Srivastava and Ishani Nayyar explain India’s new insolvency regulations i.e. the Insolvency and Bankruptcy...

Boards must plan to meet EU data protection norms

By Manoj Kumar and Shweta Bharti, Hammurabi & Solomon
Challenges of identity theft, cybercrime, profile data breaches, unauthorized extraction and sale of personal data have increased the trust deficit between individuals and business initiatives. While big data (compared to oil by many thinkers)...