Summary: This article examines the legality of recent circulars issued by the Delhi government, which includes imposing a 0.1% stamp duty on dematerialised share issuances in Delhi (which is contrary to the centrally prescribed 0.005% rate).Continue Reading Demat Shares, Legal Snare: Delhi’s Stamp Duty Directives Examined
On July 9, 2024, Asian News International (“ANI”) filed a civil suit before the Delhi High Court against Wikimedia Foundation, which runs the popular free online encyclopaedia Wikipedia. The suit is for defamatory statements about ANI published on Wikipedia. Continue Reading Wikipedia and The Safe Harbour Question
Member states of the United Nations approved the draft text of the United Nations Convention Against Cybercrime (‘Draft Convention’) by consensus, in August 2024, after five years of deliberations. It is the UN’s first consolidated attempt at regulating crimes on the internet. The move has attracted its fair share of controversy, with tech companies and human rights organisations protesting against the lack of safeguards.Continue Reading Fighting Cybercrime: Global UN Convention on the Anvil
India’s private healthcare entities are increasingly participating in government initiatives, in a sector historically dominated by private players. This synergy is evident in public-private partnerships like the Ayushman Bharat National Health Protection Mission and the Pradhan Mantri Jan Arogya Yojana. The aim of the programmes is to expand healthcare access and affordability, reflecting a significant policy shift towards inclusive health coverage.Continue Reading Mind Your Meds and Metrics: Navigating the Indian Health Data Protection Labyrinth
India has been preparing for the Digital Personal Data Protection Act, 2023 (“DPA”), for almost a year now. During this time, companies have realised that relying on consent as a long-term basis for processing may be difficult, and instead, using ‘legitimate uses’[1], as the bases for processing may be a better alternative.Continue Reading Handle with CARE: Relying on “Purposes of Employment” for Processing Employee Data
The 22nd Law Commission of India issued a report titled “Trade Secrets and Economic Espionage” (“LCR”), on March 5, 2024, to recommend a new legal framework to adjudicate claims related to disclosure of trade secrets, and the key provisions that it should encompass. Through this article, we intend to briefly summarise the legal framework applicable to trade secrets in India, highlight significant perspectives considered by the Law Commission and the recommendations thereof.Continue Reading The 22nd Law Commission Report on Trade Secrets: Call for a balancing Act?
The Telecommunications Act, 2023 (“Act”) has received presidential assent and has been notified for information.[1] When rulemaking under the Act is completed, and it is notified as being in force, it will replace existing legislation governing telecommunications in India, namely the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950 (collectively, “Telegraph Laws”).Continue Reading The Telecommunications Act, 2023
The division bench of the Hon’ble Delhi High Court recently agreed with the findings of the single judge of the Hon’ble Delhi High Court in Google LLC Vs. DRS Logistics and held that Google cannot escape liability in case of trademark infringement by an AdWord, by claiming benefit of safe harbour provisions under the Information Technology Act, 2000.Continue Reading Evaluating principles in use of trademark as keyword and intermediary liability
This is in continuation to the series analysing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Rules”). In the first part, we traced the evolution of intermediary liability and the key changes brought about by the 2021 Rules. In the second part, we discussed the consequences of non-compliance by intermediaries which, inter alia, disentitle them from claiming the safe harbour protection under Section 79 of the Information Technology Act, 2000 (“Act”).Continue Reading From Harbour to Hardships? Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 Part III
This is in continuation of the series analysing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Rules”) and their impact. In the first part, we traced the evolution of intermediary liability and the key changes brought about by the 2021 Rules.
In this part, we attempt to identify the implications of the 2021 Rules on intermediaries, mainly focussing on the consequences of non-compliance which could entail criminal liability, and aspects relevant to investigative authorities.
Continue Reading From Harbour to Hardships? Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Part II