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 post

Continue Reading The Digital Personal Data Protection Bill, 2022 – Part II

Data Protection Bill

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].

Continue Reading The Digital Personal Data Protection Bill, 2022 – Part I

FIG Paper

Pursuant to the Report of the Reserve Bank of India (“RBI”) Working Group on Digital Lending, issued on November 18, 2021, and the RBI Press Release on ‘Recommendations of the Working Group on Digital Lending – Implementation’, dated August 10, 2022 (“August Press Release”), the RBI released the Guidelines on Digital Lending on September 2, 2022 (“Guidelines”). Our Alert examines the key changes introduced and industry implications.

Continue Reading FIG Paper (No. 17 – Series 2) – New Digital Lending Guidelines – Industry Implications

The RBI’s Digital Lending Recommendations A Sign of the Road Ahead

The journey to a new general data protection law in India is more than a decade long and has seen several milestones ranging from the reports of Committees headed by Justice A.P. Shah[1], Justice B.N. Srikrishna[2], and a Joint Parliamentary Committee (“JPC”) to draft legislation in 2018[3], 2019 (“PDP Bill”)[4] and 2021 (“DPB”)[5].

While the recent withdrawal of the PDP Bill[6] is seen as a sign of a long and twisted road ahead, regulators in sectors such as banking, financial services and insurance have not had the luxury of taking the scenic route.

Continue Reading The RBI’s Digital Lending Recommendations: A Sign of the Road Ahead?

Policyholder Data Sharing in India

Introduction

With a vision to transform India into a digitally empowered society and knowledge economy, the Indian government[1] launched the Digital India initiative and mindful of its impact, it has been taking several steps to ensure greater accessibility as well as greater safety around internet based services. This, coupled with heightened internet based services and digital connectivity,[2] led the government to launch several digital services[3] and some are remarkably successful – these range from unified payments interface (UPIs) to DigiLocker[4]. According to India Brand Equity Foundation, the rising use of UPIs strongly indicate that more and more people in India are adopting a digital lifestyle[5] – UPI saw its highest ever number of transactions in April 2022 at 5.58 billon, amounting to INR 9.83 trillion. DigiLocker hit the mark of 101 million users on March 19, 2022, evidencing the adoption and success of this initiative[6].

Continue Reading Policyholder – Data Sharing in India – Time for Consent – Based Regime?

FIG Paper

Background:

A Working Group on Digital Lending (“RBI WG”), constituted by the Reserve Bank of India (“RBI”), had published its Report in November 2021. It had made recommendations on (i) the legal and regulatory framework for digital lending; (ii) technology; and (iii) financial consumer protection, implementable over the near-term (up to one year) and medium-term (beyond one year).

Continue Reading FIG Paper (No. 16 – Series 1) – Impact Analysis of RBI’s Recommendations of the Working Group on Digital Lending – Implementation

Payment System Operators New M&A Implications

Background:

On July 4, 2022, the Reserve Bank of India (“RBI”) clarified to all banks and non-bank payment system operators (“PSOs”) that its prior approval would be required for any (a) takeover/ acquisition of control, which may or may not result in change of management; and (b) sale/ transfer of payment activity to an entity not authorised for undertaking similar activity (“Circular”).

Continue Reading FIG Paper (No. 15 – Series 1) – Payment System Operators (PSOs) – New M&A Implications

Of Gambling and Gaming

India’s Ministry of Information and Broadcasting (“MIB”), on June 13, 2022, issued an advisory (“Gambling Advisory”)1 to the media, including newspapers, private satellite television channels and publishers of news and current affairs on digital media, which has been the subject of much discussion and reporting.

Continue Reading Of Gambling and Gaming: A Tale of two Advisories

The Cert-In Cyber Security Directions More Questions Than Answers

On April 28, 2022, the Indian Computer Emergency Response Team (“CERT-In”) under the Ministry of Electronics and Information Technology issued extensive directions to service providers, intermediaries, companies, firms, and government organisations (collectively, “Entities”, and each an “Entity”) specifying various ‘cyber security directions’ that they are required to follow (“Directions”)[1].

Continue Reading The Cert-In Cyber Security Directions: More Questions Than Answers?