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Moonlighting

Introduction

Moonlighting is the colloquial term used to refer to the practice of employees working a second job, in addition to their primary job. The last few weeks saw myriad news reports on this practice in start-ups and the IT/ITES industry. Most companies have released statements opposing the practice and some have even taken action against moonlighting employees. Some companies have, however, indicated that they are open to allowing employees to moonlight within a defined framework.…

Continue Reading Moonlighting – Legal Considerations and Contractual Regulation

FIG Papers

The recent Master Directions issued by the Reserve Bank of India (RBI) on Credit cards and Debit cards – Issuance and Conduct Directions, 2022, dated April 21, 2022, is a consolidation of existing guidelines on the subject, except that it has brought about greater clarity by providing definitions on what is a credit card, credit limit and other related terminologies. In addition, it has spelt out more explicitly the scope of co-branding arrangements and the roles of card issuers and co-branding partners.…

Continue Reading FIG Papers (No. 12: Series-1) RBI Master Directions on Credit and Debit Cards

Metaverse

The metaverse and its use-cases

There are many ways to describe the ‘metaverse’: a post-reality universe that allows several users to participate in a shared virtual environment, an immersive 3-D extension of the internet itself, or even as the next frontier of the digital economy. In due course, the metaverse may align itself with its initial usage, as described in Neal Stephenson’s 1992 sci-fi novel Snow Crash, as a vast digital environment where users could interact with each other. While the Metaverse may escape the contours of a universally accepted definition (for some time at least), it will, by present trends, continue to capture popular culture, imagination and increasingly, various aspects of life. As early as 2005, the metaverse had begun to be considered as something more than simply being centered around MMORPGs (or massively multiplayer online role-playing games). Today, the Indian market already bears witness to the proliferation of augmented reality, virtual reality, and elements of the ‘metaverse’ across several B2B, B2C and C2C applications. Indian tech firms and start-ups have been quick to respond.…

Continue Reading FIG Papers (No. 11: Series-1) Into the Metaverse: Legal and regulatory considerations in India

Whatsapp Group Admin

The modern genesis of vicariously attributing culpability to a creator or administrator of a WhatsApp group for offensive, defamatory or objectionable content posted by a group member can be found in the recent decision of the High Court of Kerala on February 23, 2022, in the matter of Manual versus State of Kerala and another[1]. The High Court of Kerala has largely followed the bright line laid down by the High Court of Bombay[2], the High Court of Delhi[3] and the High Court of Madras[4] in their previous decisions on this subject. As a rule, most common law jurisdictions have traditionally applied vicarious liability by employing the common law doctrine of respondent superior. It is noteworthy that superior courts have also authoritatively held in successive judgments that vicarious criminal liability can be attributed only if a penal provision of such nature is specifically provided in the underlying statute.…

Continue Reading Can the admin of a WhatsApp group be held vicariously liable for an objectionable post by a group member?

FAQs on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 The Way Ahead

From their abrupt promulgation[1] to their unusual administration by two ministries[2], to being the subject of widespread protests, and the staying of several operative portions by courts[3], the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) have had a brief and tumultuous existence.…

Continue Reading FAQs on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: The Way Ahead

Interplay of Data Analytics, AI and Infrastructure Investment

Artificial Intelligence and Data Analytics

The global race to augment capabilities of artificial intelligence (AI) is intensifying in both advanced and emerging economies. From optimising power generation and transmission, diagnosis and drug discovery, improving learning environment, enhancing design and functionality, to automation in logistics, AI will not only continue to evolve but possibly surpass human intelligence in the near future. Today’s digital age is overflowing with valuable data which if appropriately analyzed can predict results, making data analytics an indispensable tool for any corporate to sustain in the economy.
Continue Reading Tomorrow’s Technology in Today’s Infrastructure: Interplay of Data Analytics, AI and Infrastructure Investment

LEGAL PROTECTION OF SOFTWARE IN INDIA

Introduction

As businesses strive to shift from paper to digital, there is an increasing penetration of software products across industries. This is particularly true in India. The NASSCOM Report evinces that the software products market was the fastest-growing segment amongst all IT services in India in FY2019.[1] While the making of software requires a considerable amount of human, technical, and financial resources; it can be copied within seconds, at infinitesimal cost. Thus, there is a need to protect software with the strongest available intellectual property protections. In India, the intellectual property regime provides a number of tools to protect such innovations. These include, patents and copyright. Each of these tools have their own set of peculiarities and will be discussed vis-à-vis protection of software, within the framework of cross-jurisdictional analysis.
Continue Reading Grooming the Law with Technology: Legal Protection of Software in India

Legal Conundrum of Real Money Online Poker 

Indian mythology suggests that playing and losing at a game of dice led to the Pandava brothers, their wife and mother being sent to exile. Regardless of this cautionary tale, the online gaming market in India has taken off in India with revenues reaching Rs. 43.8 billion in FY 18 and expected to grow to Rs. 118.8 billion by 2023.[1]

The question of whether the state should permit businesses relating to betting and gambling was hotly debated in the Constituent Assembly Debates, with several members opposing constitutional sanction to betting and gambling activities. Members drew support for their argument from sources as varied as the apocryphal sufferings of the Pandavas to the ideals of Mahatma Gandhi.

Notwithstanding their opposition, List II of the Seventh Schedule to the Indian Constitution places matters relating to betting and gambling within the legislative purview of state governments. This compromise allowed state governments to choose to either prohibit or regulate (and tax) activities relating to betting and gambling.
Continue Reading All In or Fold – The Legal Conundrum of Real Money Online Poker

data protection indian insurance regulations

In the first part of this two part series we discussed about the regulatory frameworks governing insurance companies and insurance intermediaries. In this part we will look at the guidelines applicable to both insurance companies and insurance intermediaries which includes cyber security and ecommerce guidelines.

Guidelines Applicable to Both Insurance Companies as well as Insurance Intermediaries

In addition to the previously-mentioned regulations, the IRDAI has also issued certain guidelines pertaining to data security and protection that are applicable to both insurance companies as well as insurance intermediaries. These are the Guidelines on Information and Cyber Security for Insurers[i] (Cyber Security Guidelines) and the Guidelines on Insurance E-Commerce[ii] (E-commerce Guidelines) and have been discussed below.
Continue Reading Data Protection in the Indian Insurance Sector – Regulatory Framework Part II

 Data Protection in the Indian Insurance Sector – Regulatory Framework Part I

A shift towards digitisation has been the central theme for the insurance industry in recent years. Digitisation lowers the cost of transacting business, helps increase penetration, and brings higher efficiencies. However, the convenience of digitisation brings with it concerns related to data protection.

The Information Technology Act, 2000 (IT Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (SPDI Rules) set out the general framework with respect to data protection in India. However, given the nature of the business of insurance companies and intermediaries, the Insurance Regulatory and Development Authority of India (IRDAI) has prescribed an additional framework for the protection of policyholder information and data, which is required to be followed in addition to the general framework under the IT Act.
Continue Reading Data Protection in the Indian Insurance Sector – Regulatory Framework Part I