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Fintech is the future of inclusive finance

Fintech is the future of inclusive finance

By Bagmisikha Puhan and Siddhant Gupta, TMT Law Practice
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 Ashima Obhan Samridhi Poddar

EU’s Digital Markets Act and implications for Big Tech

By Ashima Obhan and Samridhi Poddar, Obhan & Associates
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

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....
India Business Law Journal

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

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-AND-HARD-PLACES-L2

Between rocks & hard places

By Pan Cong, SHAREit Group
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,...
Plugging-into-a-more-efficient-power-sector

Power markets may finally spark into life

By Abhishek Tripathi and Shivika Agarwal, Sarthak Advocates & Solicitors
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

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

Meta ready to throw in towel

By Freny Patel
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’-L

Role of SEBI in ‘year of IPOs’

By Manshoor Nazki, IndusLaw
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-L2

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 Essenese Obhan

Hazards of exporting dual-use technology

By Essenese Obhan, Obhan & Associates
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...
Indian-path-to-carbon-neutrality-L2video

India’s path to carbon neutrality

By Priti Suri and Arya Tripathy, PSA
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-L

Personal Data Protection Bill enables data flows from India to Singapore

By Arun S Prabhu, Cyril Amarchand Mangaldas
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-L

Failure of consensus cropped farm laws vision

By Gautam Khurana, India Law Offices
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...
Arjun-Goswami-Cyril-Amarchand-Mangaldas-oct2021

India-Singapore corridor bridges fintech regulatory hurdles

By Arjun Goswami, Cyril Amarchand Mangaldas
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-L

Setting the line between innovation and privacy

By Seerat Bhutani and Ashima Obhan, Obhan & Associates
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...
Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports

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...
India-IP-counsel-challenges-LexOrbis-r

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

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...
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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...
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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...
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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...
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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...
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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...

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