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FIG Paper (No. 27 – Series. 1): Implications of Digital Personal Data Protection Act, 2023, on Payment Service Providers

Introduction:

The Reserve Bank of India (“RBI”) has allowed certain non-banks to operate in the financial ecosystem for payment processing under the Payment and Settlement Systems Act, 2007 (“PSS Act”), in addition to banks. These non-banks are typically operate Cross Border Money Transfer (“MTSS”); Prepaid Payment Instruments (“PPI”); Bharat Bill Payment Operating Units (“BBPOU”); White Label ATM Operators (“WLAO”), etc.Continue Reading FIG Paper (No. 27 – Data Law Series 1): Implications of Digital Personal Data Protection Act, 2023, on Payment Service Providers

India's New Data Protection Law: How Does it Differ from GDPR and What Does that Mean for International Businesses?

On August 11, 2023, India’s long-awaited general personal data protection legislation, the Digital Personal Data Protection Act, 2023 (“DPDPA”) was finally enacted.

Governing the world’s fifth largest economy and one of its fastest growing digital markets, the DPDPA will be of importance to a large number of international businesses that operate in India, rely on Indian service providers/group service companies for their operations, or are looking to enter Indian markets.Continue Reading India’s New Data Protection Law: How Does it Differ from GDPR and What Does that Mean for International Businesses?

FIG Paper (No. 25 – Series 2): Shedding Light on Dark Patterns in FinTech: Impact of DPDP Act

Introduction:

The new draft guidelines titled ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’[1] (“Draft Dark Pattern Guidelines”), released by the Department of Consumer Affairs in September 2023, define dark patterns as “any practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform; designed to mislead or trick users to do something they originally did not intend or want to do; by subverting or impairing the consumer autonomy, decision making or choice; amounting to misleading advertisement or unfair trade practice or violation of consumer rights”.Continue Reading FIG Paper (No. 25 – Series 2): Shedding Light on Dark Patterns in FinTech: Impact of DPDP Act

FIG Paper (No. 24 – Series 1): New Data Law – Financial Services Implications

(Indian) Digital Personal Data Protection Act, 2023 (“DPDP Act”) received Presidential assent on August 11, 2023, and is awaiting notification by the Indian Government, which is expected soon. This FIG Paper examines: (i) the existing data protection/ privacy framework for the Indian financial services space; (ii) overlays DPDP Act considerations; and (iii) preferred approach to “gap” analysis, basis global learnings.Continue Reading FIG Paper (No. 24 – Series 1): New Data Law – Financial Services Implications

Children and consent under the Data Protection Act: A Study in Evolution

The Digital Personal Data Protection Act, 2023[1] (“Act”) has, at long last, been past before both houses of Parliament and been published in the official Gazette upon receiving Presidential assent.

The Act is intended to provide legislative expression to the contours of the right to privacy as outlined by the Supreme Court of India in the Puttaswamy Judgements[2] and since then, by other constitutional Courts. The principle, which now stands more or less crystallized, is that the autonomy of a person is inalienably linked to their autonomy over their personal data. Therefore, in a regime which continues to be firmly consent based, the questions of who is a child, who can consent to allowing their personal data to be collected, as well as what can and cannot be done with it, are key to their status as ‘Digital Nagariks’ in years to come.Continue Reading Children and Consent under the Data Protection Act: A Study in Evolution

Of Consent and Lawful Uses: Where the Rubber meets the Road

While the concept of consent, in consonance with the current consent based regime under the Information Technology Act, 2000 (“IT Act”)[1] as well as the constitutional primacy of consent and autonomy under various court decisions dealing with the right to information privacy has remained firmly entrenched as the primary basis for collection and processing of personal data under the various drafts of general personal data protection legislation in India over the years,[2] the newly notified Digital Personal Data Protection Act, 2023 (“Act”)[3]also provides for “legitimate use” as key additional basis available to Data Fiduciaries[4] for collection and processing of personal data[5].Continue Reading Of Consent and Lawful Uses:Where the Rubber meets the Road

A Fine Balance: The DPDA and Data Localization

On November 18, 2022, when the Ministry of Electronics and Information Technology (“MEITY”) tabled an entirely new draft Digital Personal Data Protection Bill, 2022 (“Draft”)[1], the concerns around one section, namely Section 17 dealing with cross-border data transfers, were perhaps more pronounced than the shock which accompanied the withdrawal of a long debated previous draft.Continue Reading A Fine Balance:The DPDA and Data Localization

Preparing for the DPDA

PREPARING FOR THE DPDA

In the culmination of a decade long process,[1] the Digital Personal Data Protection Bill, 2023 (“Bill”)[2] was passed before the Lok Sabha on August 7, 2023.

While the important subject matter of the Bill, its long legislative history, and the widely publicised dissents in the Parliamentary Standing Committee[3] portend that it may not pass unchanged, its enactment seems likely within the next few weeks or months.

Further, given its relatively concise nature and, the limited rulemaking and regulatory framework that is needed to enable it, it seems likely that while the Bill will be brought into force in a phased manner,[4] operative portions of it may come into effect relatively quickly.Continue Reading Preparing for the DPDA

Digital Personal Data Protection Bill, 2023

The Digital Personal Data Protection Bill, 2023 (“Bill”)[1] tabled before Parliament on August 3, 2023 is the culmination of a decade long process for evolving general data protection regime for India.

By withdrawing an elaborate, prescriptive draft which was under consideration by Parliament until 2021, to introducing a new, lean, principles based draft for consultation on November 18, 2022 (“Draft”),[2] and then engaging an extensive consultation process which reportedly involved in excess of 20,000 submissions,[3] and several dozen discussions involving personal participation at the highest levels of the Ministry, the Ministry of Electronics and Information Technology has set the stage for the evolution and adoption of a customized and Indian legislation that seeks to find a balance between enabling ease of doing business, and protecting sovereign imperatives and citizens’ rights, which has proved elusive globally.[4] Continue Reading The DPDP Bill Overview: A New Dawn for Data Protection in India

Data Protection Bill 2022

The Ministry of Electronics and Information Technology (“MEITY”) has released a draft of the Digital Personal Data Protection Bill, 2022 (“The Bill”) for public consultations along with an explanatory note for each provision and the underlying principles that guide the drafting[1]. The public consultations are open till December 17, 2022[2].  This is Part II of our analysis on the Bill.  Click here to read Part I of this postContinue Reading The Digital Personal Data Protection Bill, 2022 – Part II