Publications

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)

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.

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.

The concept of moonlighting has become a major talk of the corporate town, and with the recent take of Mr. Sandip Patel, MD, IBM India, we get a hint of this trend gaining momentum amongst the peers in the tech industry. He dissuaded employees from siding with moonlighting if the interests of the company are at stake. He emphasized on following the due process, if at all, employees wish to take up side jobs but his internal note terms moonlighting as a violation of trust, policy and creates a potential conflict of interest. It is clear from his views that companies really have important concerns and are finding themselves at the cross-roads although there might be the necessary bending going on, on the inside to accommodate the interests of both the employers and the employees.

We are penning this article to give the readers a brief outlook on the potential advantages in respect of the structuring of an investment via compulsorily convertible debentures in comparison to other pure equity instruments.

Through this brief article, we aim to provide a gist of the registration and licensing requirements for an entity engaged in peer-to-peer lending in India in addition to the prudential and reporting requirements in such respect.