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Safe digital spaces may curtail existing freedoms
Questions over whether the internet should be regulated and if so, how have vexed governments for years, with India being no different. In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code)...
You’re hooked!
A new cyber scam is targeting top brands’ websites to sell fake dealerships and franchise offers. While the courts are helping by making such offences cognisable and non-bailable, brand owners must up the ante...
Bouncing back
As business and travel edge back to normal after the pandemic, which foreign law firms are leading the field with their India offerings? Vandana Chatlani finds out
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F
ollowing a swift...
RBI takes credit for curbing PPI financing
On June 20, 2022, the Reserve Bank of India (RBI) issued directions to all non-bank prepaid payment instrument (PPI) issuers that loading of PPIs through credit lines was not permitted (PPI credit circular). This...
Condition critical
A conflict has played out before several judicial forums over the fate of Future Retail, a company in grave health with creditors and two of the world’s richest men entangled in its fate. Freny...
Ethical challenges in the internet of bodies
In the wake of the merciless pandemic, preventive and predictive healthcare has rightly become the norm. Healthcare systems have undergone a complete overhaul in the past few years, moving the focus from illness to...
Strength during adversity
Enduring challenges amid a perfect storm
The country is in the midst of grappling with unfavourable circumstances such as high unemployment and high inflation. Together these can potentially become as disruptive as the pandemic, but...
Price of protection
India's proposed data protection regulation demands data localisation and restricts cross-border transfers, promising economic benefits for the broader economy, but imposing big cost and logistical challenges on Indian and international companies, write K Satish...
Crystal gazing into the future of competition and digital markets
The rise in the use of digital platforms and emerging technology has forced competition regulators globally to keep up, innovate and widen their competition assessment tools. The Competition Commission of India (CCI) is not...
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Interoperability and data portability not market power busters
Earlier this year, the Competition Commission of India (CCI) hosted a workshop on the startup ecosystem and competition. Views emerged that data portability and interoperability can address market power concerns in digital markets. While...
Fintech is the future of inclusive finance
The banking and financial services sector has long been a pioneer and centre of technological innovation, providing end-user banking and financial services. Fintech has emerged as a direct competitor to legacy banking, but has...
EU’s Digital Markets Act and implications for Big Tech
According to a press statement issued on 25 March, the European Council and the European Parliament have struck a provisional political agreement on the Digital Markets Act (DMA act). The act classifies platforms in...
Kapur, Chandy re-elected as JSA joint managing partners
Amit Kapur and Vivek Chandy are re-elected joint managing partners of JSA for another three-year term.
The firm reconstituted its executive committee with Kapur, Dina Wadia, Rupinder Malik, Varghese Thomas and Chandy as the members....
Cryptic question
Viable alternative or Dutch tulip?
There should be little surprise that India continues to struggle with the knotty problem that is virtual currencies, which according to a May 2020 ruling of the Supreme Court, “elude...
DAOism: a new kind of faith
The idea for a decentralised autonomous organisation, where the rules are baked into its code with no management structure or board of directors, has emerged with the rise of blockchain technology. Andrew Godwin examines...
Between rocks & hard places
In the face of data requests from law enforcement agencies, conflicting legal requirements from home country and foreign jurisdictions are putting multinational tech companies in an unprecedented dilemma. How should they respond? Pan Cong,...
Power markets may finally spark into life
The Central Electricity Regulatory Commission (commission) in its continuing efforts to create a robust power market has introduced the Central Electricity Regulatory Commission (Power Market) Regulations, 2021 (PMR), replacing the 2010 regulations.
A large number...
Growing a conscience
Current events dictate that ESG considerations are increasing in importance for companies as well as regulators, warns Ashutosh Senger, lead counsel at Florence Capital
The challenges faced by societies due to the pandemic and the...
Meta ready to throw in towel
Facebook’s parent has threatened to call it quits in India as it fears the data privacy law could force it to modify or cease existing business practices.
On 2 February, Meta Platform expressed concerns in...
Role of SEBI in ‘year of IPOs’
The capital markets regulator has facilitated IPOs in 2021, but has also sought to deter large shareholders from using them as an avenue for quick company exits, writes Manshoor Nazki
The year 2021 has undoubtedly been...
States can regulate direct selling companies
The government of India has notified the Consumer Protection (Direct Selling) Rules, 2021, to regulate direct selling companies and network marketing operations in the country.
With the new rules, the government seeks to regulate the...
Hazards of exporting dual-use technology
Duct tape, digital photography, microwaves, night vision equipment, even sanitary napkins will be known to trivia enthusiasts as items that were first military inventions before they were adopted for civilian use. Military inventions are...
India’s path to carbon neutrality
The absence of a climate change law leaves pressing concerns for India’s achievement of emission reduction goals, write Priti Suri and Arya Tripathy
India is moving fast towards becoming the world’s most populous country, and...
Personal Data Protection Bill enables data flows from India to Singapore
India has waited many years for its general data protection legislation. This key legislation will regulate the data of over 1.4 billion people, impact businesses ranging from corner stores to conglomerates, and create what...
Failure of consensus cropped farm laws vision
Three farm acts introduced in 2020 as a market making programme were repealed last month after more than a year of agitation and confusion.
The main reform was the Farmers’ (Employment & Protection) Agreement on Price Assurance...
India-Singapore corridor bridges fintech regulatory hurdles
The fourth industrial revolution has allowed fintech companies to transform the delivery of financial services through technology and innovation-driven efficiency and inclusive access. Technology has automated financial services and products as well as processes...
Setting the line between innovation and privacy
Popular movies envisage futures in which advanced artificial intelligence (AI) becomes too powerful, enslaving and controlling humans. While the idea of world domination by AI may be far-fetched, the increasing and unregulated use of...
Burning question
Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports
In August, the Intergovernmental Panel on Climate Change (IPCC), a UN body for assessing the science related to climate change, published...
Keeping up with IP
India’s IP regime is going through a tumultuous period with the abolition of the IP appellate board earlier this year, the emergence of new technologies, and challenges associated with covid-19 vaccines. We brought together...
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
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...
Mapping global expertise
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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
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
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
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?
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 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...
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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
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 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
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
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
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...
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
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
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
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...
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
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
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
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...
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India Business Law Journal reveals the...
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
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
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...
How proposed data reform will affect venture capital
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...
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...
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...
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...
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...
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...
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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...
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...
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...
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How COVID-19 affects personal health data
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...
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...
The curious case of the privacy sandbox
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...
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...
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India Business Law Journal reveals the...
Regulating data: Will fintech need a new approach?
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...
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...
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 &...
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...
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...
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...
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...
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 law and its commercial implications
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 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...
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...
How much regulation can intermediaries bear?
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...
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....
Is government’s plan to ban cryptocurrency warranted?
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...
RBI’s localization mandate: Cure without a problem?
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 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...
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...
Making sense of regulatory sandbox for Fintech startups
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...
Draft e-commerce policy puts intermediaries in a fix
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...
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...
Leaders of the pack
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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...
Closer look at Reserve Bank’s proposed regulatory sandbox
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 risks ushering in Orwellian future
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”...
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
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,...
Draft e-commerce policy – the devil is in the details
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...
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...
Aadhaar Act amendments take steps in right direction
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...
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...
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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...
Regulatory conundrum: Whose data is it anyway?
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...
Aadhaar: The way forward for fintech companies
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 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...
Intermediary liability in India – moving goalposts
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...
Indian data privacy bill: the road ahead
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....
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India Business Law Journal reveals the...
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 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...
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...
