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.
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Unpacking Consent under the Digital Personal Data Protection Act, 2023: Part 1
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.
Mandating NavIC Implementation in Smartphones: A Significant Move
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.
How to be compliant with Data Protection & Privacy Laws in India
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.
Endorsement Know-Hows! For Celebrities, Influencers and Virtual Influencers
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.
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.
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.