Publications

This article explores the applicability, nuances, and compensation essentials, shedding light on the often-debated coverage of the IT/ITES sector and offering insights into the legal intricacies surrounding lay-offs.

In the evolving landscape of technology, the metaverse, a virtual space, is swiftly emerging as a foundation of our digital reality. This captivating virtual space allows users to engage with computer-generated environments and fosters incredible possibilities for socializing, unleashing creativity, and providing a new dimension of entertainment. It marks a transformative shift in how we experience and interact with the digital realm. However, like any space where people gather, the metaverse is not immune to challenges, and a notable concern is the occurrence of sexual harassment within its digital domains.

In the era of information and innovation, data has become the currency of the digital realm, and its protection is paramount. India has stepped into this new digital age with a resounding declaration – the Digital Personal Data Protection Act, 2023 (“DPDP Act”). Enacted with precision, this legislation marks a turning point in how businesses and organisations ought to manage personal data.

In the age of digital transformation, the protection of personal data has become paramount. Recognizing this, governments worldwide are enacting comprehensive data protection laws to safeguard individual privacy and control over personal information. India’s response to this imperative is the Digital Personal Data Protection Act, 2023 (DPDPA). A cornerstone of the DPDPA is its consent-related provisions, which lay the foundation for how organizations collect, process, and manage personal data. Part 1 of this article series will delve into these provisions, offering a comprehensive understanding of the requirements and implications associated with consent under the DPDPA.

In a recent announcement, Mr. Rajeev Chandrasekhar, Minister of State for Electronics and Information Technology unveiled the Government of India’s intention to make the use of Navigation with Indian Constellation (NavIC) mandatory in all smartphones that are launched in India. NavIC is a domestic Global Positioning System (GPS) developed by the Indian Space Research Organisation (ISRO) with a constellation of seven satellites and ground stations.

India is on the brink of witnessing a major change in the realm of privacy, marked by the enactment of the new Digital Personal Data Protection Act, 2023 (“DPDPA”). DPDPAis a by-product of the landmark Puttaswamy Judgement which made the right to privacy a Fundamental Right for all Indian citizens[1]. It is expected that the DPDPA will enhance the data protection compliance regime in the country and will empower users to agitate this Fundamental Right better once enacted. In our analysis, we have meticulously outlined the pivotal compliance measures that must be diligently observed by all relevant stakeholders in accordance with the DPDPA. This article aims to provide a clear and structured overview of the key obligations and responsibilities imposed by the DPDPA, facilitating a deeper understanding and effective implementation of these crucial compliance standards.

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.

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.

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.

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.

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).

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)