The digital age today naturally inclines us towards what is served to us through social media and advertisements. While these ads are a great tool for businesses to expand, they can pose threats to consumer rights. Influencers and celebrities are looked up to by the publico as consumers before making any purchase. This layout warrants proper regulation of the relationships between a consumer and the endorsements/advertisements, which he/she relies on.
Month: August 2023
Navigating Legal Challenges: A Comprehensive Overview of Startup Compliance in India
In recent years, India has emerged as one of the world’s fastest-growing start-up ecosystems, with a vibrant and dynamic entrepreneurial spirit driving innovation and economic growth. As these start-ups continue to flourish, it becomes crucial for founders and entrepreneurs to navigate the complex landscape of regulatory compliance. This article aims to provide a comprehensive overview of start-up compliance in India by delving into the key regulatory frameworks, legal obligations and compliance checklists that start-ups need to consider.
Unraveling Damages Under the Indian Contract Law Regime: Key Principles & Judgments
The Indian Contract Act, 1872 (“Act”) is a cornerstone of the nation’s legal framework, governing the formation, performance and enforcement of contracts. Under this comprehensive body of law, the notion of damages holds immense significance, serving as a crucial remedy for parties aggrieved by breaches of contractual obligations.
Legal Compliance for E-Commerce entities in India
An e-commerce business refers to a commercial enterprise that operates online, primarily involved in buying and selling products or services over the Internet. The Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”) defines an e-commerce entity as an individual or entity that owns, operates, or manages a digital or electronic platform or facility for conducting electronic commerce. However, it does not include a seller who offers their goods or services for sale on a marketplace e-commerce platform.
India Entry & FDI Regulations: How To Setup Your Entity In India
The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce & Industry is responsible for formulating FDI policies and managing data on inward FDI. Initiatives such as Make in India, champion sector support, and project development cells under the Scheme of Investment Promotion (SIP)[1] have been launched to promote investment.
How to Raise Funds in India: Regulatory Framework & Legal Compliance
Compliance with the Securities and Exchange Board of India Act, 1992; the Reserve Bank of India Act, 1934; the Securities Contracts (Regulation) Act, 1956; the Prevention of Money Laundering Act, 2002; and the Companies Act, 2013 is essential for public and private offerings. These Acts, their subordinate rules and regulations, press notes and affiliated policies cover aspects such as disclosures, pricing, investor protection, and the appointment of intermediaries.
Indemnity Clauses in India: Enforceability and Important Judgments
Indemnification, in its simplest form, is a situation where one party replenishes the losses suffered by aggrieved party due to acts or omissions committed by the replenishing party. It is a legal concept that refers to compensation provided to one party by another for potential losses, damages, or liabilities that may arise from a specified event or circumstance. Indemnity Clause is a contractual provision that seeks to transfer the burden of potential loss or liability from one party to another. Its purpose is to safeguard one party (the indemnity holder/ indemnified) by ensuring that any potential losses, damages, etc. caused to it are assumed by the other party which has caused such potential loss or damage (indemnifier/ indemnifying party).
Fintech Laws In India: Understanding The Regulatory Regime
In India, the regulatory framework for fintech is currently fragmented, lacking a unified set of rules or norms that govern all fintech services. This fragmentation poses challenges in effectively regulating the industry since there is no comprehensive set of fintech laws. The primary regulatory agencies overseeing this sector in India include the Reserve Bank of India (RBI), the Insurance Regulatory and Development Authority of India (IRDAI), the Securities and Exchange Board of India (SEBI), the Ministry of Corporate Affairs (MCA), and the Ministry of Electronics and Information Technology (MEITY)
How to be Legally Compliant with HR and Employment Laws in India
Navigating HR and Employment Laws in India requires a thorough understanding of the legal landscape and a commitment to compliance. By following the checklist outlined in this article, organisations can ensure they are legally compliant, protect employee rights, and minimize the risk of legal disputes. Proactive adherence to HR and Employment Laws not only establishes a positive work environment but also promotes a culture of fairness, equality, and employee well-being.
Prevention of Sexual Harassment (POSH) Law Requirements in India
The POSH Act applies to all workplaces in India, including government organisations, private sector, hospitality or nursing homes, sports institutes/facilities, or a dwelling place or house safeguarding the rights of women who are employed or visit any workplace, irrespective of their employment status.