Introduction The enactment of the Digital Personal Data Protection Act, 2023 (“DPDP Act”), followed by the notification of the Digital Personal Data Protection Rules, 2025, represents a shift in corporate governance operations. For nearly a quarter of a century, data protection in India was governed by the 43A and the SPDI Rules of 2011 under…
For a decade, Indian enterprises hoarded data like oil. We scraped numbers, bought lists, and treated CRMs as goldmines. Under DPDPA , “Legacy Data” sitting in your servers from 2020–2025 is no longer an asset. It is a Toxic Asset. “If you have concerns about the legacy data, you may wish to ask your HR…
Year 2026 will be Foundation Year of Trust with Consent Management Framework in place. 1. Notice & Consent Basics Visual flow: Data Fiduciary sends Notice to Data Principal; Data Principal provides Consent back. 2. Purpose Register & Data Mapping Visual flow: Mapping Personal Data to Purpose for the Data Principal. 3. Processor/Vendor Controls (Part A…
The Hon’ble Supreme Court has held that merely if a party has participated in the arbitral proceedings does not per se constitute a waiver of its right to object to an arbitrator’s eligibility. The waiver to object should be express and in writing. I. Factual Matrix The dispute originated from a License Agreement executed in…
The High Court of Delhi has delivered a compelling ruling in the composite matter of HPCL-Mittal Pipeline Ltd. v. Coastal Marine Construction and Engineering Ltd., setting aside a majority arbitral award that deemed an entire defense “admitted” due to technical defects in pleading format. This decision, issued by Justice Prateek Jalan on May 5, 2025,…
The Hon’ble High Court of Calcutta in its Order dated 15th December 2025 in Rishi Chemical Works Pvt. Ltd. v. Enviro Cleanroom Projects Pvt. Ltd., AP-COM/828/2025, has held that a Court can grant a party relief under Section 9 of the Arbitration and Conciliation Act 1996 in spite of the Conciliation proceedings going on under MSME….
𝐀𝐈 𝐆𝐨𝐯𝐞𝐫𝐧𝐚𝐧𝐜𝐞 : 𝐈𝐧𝐝𝐢𝐚 & 𝐆𝐥𝐨𝐛𝐚𝐥 𝐑𝐨𝐚𝐝𝐦𝐚𝐩,𝟐𝟎𝟐𝟔 AI governance is no longer a value statement, rather it is a proof statement. That is why the India 𝐀𝐈 𝐈𝐦𝐩𝐚𝐜𝐭 𝐒𝐮𝐦𝐦𝐢𝐭 𝟐𝟎𝟐𝟔 𝐢𝐧 𝐍𝐞𝐰 𝐃𝐞𝐥𝐡𝐢 𝐚𝐭 𝐁𝐡𝐚𝐫𝐚𝐭 𝐌𝐚𝐧𝐝𝐚𝐩𝐚𝐦 𝐨𝐧 𝟏𝟗 𝐚𝐧𝐝 𝟐𝟎 𝐅𝐞𝐛𝐫𝐮𝐚𝐫𝐲 𝟐𝟎𝟐𝟔 𝐦𝐚𝐭𝐭𝐞𝐫𝐬, because it is positioned around impact, not hype, and around what can…
The Punjab & Haryana High Court, in Manoj Kumar & Ors. v. State of Haryana & Ors. (CWP-26643-2025 and connected matters) pronounced on 23.12.2025, affirmed that the refusal to regularise long-serving daily-wage employees of the Forest Department, who had rendered continuous service for twenty-five to thirty years, constitutes an unfair labour practice and contravenes constitutional…
𝐏𝐨𝐥𝐢𝐜𝐢𝐞𝐬 𝐝𝐨𝐧’𝐭 𝐞𝐧𝐬𝐮𝐫𝐞 𝐜𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞. 𝐌𝐢𝐧𝐝𝐬𝐞𝐭𝐬 𝐝𝐨. 1. Accountability Data Fiduciary duty; demonstrate compliance 2. Purpose limitation Specified purpose; no incompatible processing 3. Data minimisation Only necessary personal data; reduce access 4. Notice to Data Principal Provide notice; clear, itemised information 5. Consent management Free, specific, informed; easy withdrawal 6. Data Principal rights Access; correction/erasure; nominate;…
Introduction India’s Fintech ecosystem now operates like an extension of the traditional banking infrastructure. Financial data is not independently generated by apps like CRED, Groww, Zerodha, PhonePe, and many account-aggregator-enabled sites. On the contrary, they rely on ongoing, permission-based access via Application Programming Interfaces (“APIs”) to users’ bank-held data. The said architectural system has enabled…
The Bombay High Court, in the case of Surendra vs. Agrofab Machineries Pvt. Ltd, Writ Petition No. 5656 of 2021, decided on 15.09.2025, held that employees cannot be forced to deposit retrenchment compensation as a precondition for challenging their termination. FACTS The present writ petitions arose out of retrenchment of employees of the Agrofab Machineries…
𝐓𝐨𝐩 𝟏𝟎 𝐓𝐡𝐢𝐧𝐠𝐬 𝐭𝐨 𝐊𝐧𝐨𝐰 𝐢𝐧 𝐓𝐡𝐞 𝐀𝐫𝐭𝐢𝐟𝐢𝐜𝐢𝐚𝐥 𝐈𝐧𝐭𝐞𝐥𝐥𝐢𝐠𝐞𝐧𝐜𝐞 (𝐄𝐭𝐡𝐢𝐜𝐬 𝐚𝐧𝐝 𝐀𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲) 𝐁𝐢𝐥𝐥, 𝟐𝟎𝟐𝟓. It will have an impact on DPDPA as well. It is a proposed Indian legislative framework designed to regulate the development and deployment of automated systems Creation of an Ethics Committee: The Bill establishes a dedicated Ethics Committee for Artificial Intelligence…
The Mandate of “Specified Purpose” Under the Digital Personal Data Protection Act, 2023, processing personal data is only permissible for a lawful purpose for which the Data Principal has given consent or for certain legitimate uses. A “Specified Purpose” is the fundamental anchor of every data interaction it is the explicit reason mentioned in the…
We are after roughly one month and ten days into the DPDPA implementation countdown. Since, the notification dropped in November, 𝐈 𝐡𝐚𝐯𝐞 𝐰𝐚𝐭𝐜𝐡𝐞𝐝 𝐦𝐚𝐧𝐲 𝐨𝐫𝐠𝐚𝐧𝐢𝐳𝐚𝐭𝐢𝐨𝐧𝐬 𝐭𝐫𝐞𝐚𝐭 𝐭𝐡𝐢𝐬 𝐩𝐞𝐫𝐢𝐨𝐝 𝐚𝐬 𝐚 𝐯𝐚𝐜𝐚𝐭𝐢𝐨𝐧 𝐫𝐚𝐭𝐡𝐞𝐫 𝐭𝐡𝐚𝐧 𝐚 𝐬𝐩𝐫𝐢𝐧𝐭. 𝐋𝐞𝐭’𝐬 𝐛𝐞 𝐩𝐫𝐞𝐜𝐢𝐬𝐞 𝐚𝐛𝐨𝐮𝐭 𝐰𝐡𝐚𝐭 𝐭𝐡𝐢𝐬 𝐬𝐢𝐥𝐞𝐧𝐜𝐞 𝐜𝐨𝐬𝐭𝐬 𝐲𝐨𝐮. The 12 Months Milestone (November 2026): This isn’t a ‘soft launch.’…
Introduction The health technology ecosystem is expanding at a faster rate than any other segment within consumer and medical innovation. From smartwatches and continuous glucose monitors to cardiac telemetry patches, sleep monitoring bands, post-surgery recovery trackers and elder-care remote monitoring systems, the industry has shifted from occasional data collection to continuous and intimate surveillance of…
The Madras High Court, in M/s Antony Projects v. Superintendent of GST & Central Excise, Writ Petition No.42706 of 2025, decided on 12.11.2025, examined the maintainability of a writ petition challenging a show cause notice issued under the Goods and Services Tax regime. The dispute arose from alleged belated availment of Input Tax Credit and…
The Bombay High Court, in the case of B.T. Kadlag Constructions Pvt. Ltd. v. Employees’ Provident Fund Organisation & Ors., Writ Petition No. 12754 of 2025, decided on 18.11.2025, held that a prohibitory order under Section 8-F of the Employees’ Provident Funds and Miscellaneous Provisions (hereinafter referred to as “EPF”) Act, 1952 cannot be issued…
The Bombay High Court in the case of Foundever CRM India Private Limited & Anr. V. Employee State Insurance Corporation & Ors., Writ Petition (L) Numbers 36012 of 2024, decided on 19.09.2025, held that principles of natural justice cannot be circumvented by Employees’ State Insurance Corporation (“ESIC”). Coercive recovery is prohibited without notice, a hearing,…
Introduction The infrastructure for real-time digital payments in India has grown to be essential to daily financial transactions. Near-frictionless transactions at previously uncommon scales have been made possible by platforms like UPI, fast card settlements, and embedded fintech payment rails. However, the same accessibility and quickness that drive financial inclusion have also increased fraud risk….
Are you stuck in the “No-Brain Data Discovery” tools trap? If your “data discovery” is an Excel chase send sheet, collect inputs, merge tabs then understand this plainly: You have an inventory. Not accountability. And under DPDPA, inventory won’t survive the first grievance or incident. If discovery doesn’t produce evidence, it produces liability. The one…
The Gujarat High Court, in the case of Pratik Surendrakumar Shah vs. State of Gujarat & Anr, Special Civil Application No. 2496 of 2024, decided on 02.05.2025, held GST proceedings initiated against a dissolved company do not survive under the established Principle of Law. FACTS Pratik Surendra Kumar Shah (hereinafter “Petitioner”), was a former Director…
Lubna Shah v. B. M. Jayeshankar & Others Court – Karnataka High Court Citation – Civil Misc. Petition No. 155 of 2025 Date – 14.11.2025 The Hon’ble Karnataka High Court has held that non-parties to an agreement can only be added to an arbitration under exceptional circumstances. The Court held, “12.6. The sanctity of arbitration…
Introduction The digital finance ecosystem of India has grown remarkably over the last decade, amply supported by the pervasive adoption of UPI, digital wallets, account aggregation frameworks, and blockchain-based solutions. The host of fintech innovations has not only expanded access to financial services among retail and under-served groups, but catalysed efficiency, transparency, and inclusivity across…
Introduction In India’s democracy few laws have been as empowering such as the Right to Information (“RTI”) Act, 2005. It acts like a tool in the hands of citizens to cut through the opacity of bureaucratic secrecy, thereby allowing citizens to hold power to account. However, this transparency is now threatened by a change made…
The Supreme Court in the case, Armour Security (India) ltd. Vs. Commissioner, CGST, Delhi East Commissionerate and Ors. through a Special Leave Petition (C) No. 6092 of 2025 decided on 14.08.2025, held that the restriction imposed under Section 6 (1)(b) of CGST Act on parallel proceedings is triggered when a Show Cause Notice (hereinafter referred…
We click ‘Accept’ thousands of times a day, yet almost no one truly understands what they are agreeing to. Consent isn’t dead rather it never really lived.” A Realising Moment A Fortune 500 client’s consent form had approximately 12,000 words. I asked the concerned professional, “Have you read this fully?” And “Will your users?” Though…
INTRODUCTION When the Employees’ Provident Fund Organisation (hereinafter referred to as “EPFO”) announced its August 2025 changes, many people assumed it was just another procedural tweak. A small fix here, a portal update there. But the changes go much deeper. They reshape the way workers tap into their own Provident Fund (hereinafter referred to as…
Introduction The Alternative Investment Fund (hereinafter referred to as “AIF”) ecosystem, an important engine for funding startups, high-growth private companies and infrastructure, has experienced a prominent growth. However, this significant market requires equally significant and efficient regulatory tools to function in alignment. The introduction of Regulation 17A into the SEBI (Alternative Investment Funds) Regulations, 2012,…
Introduction India, a country which has become more and more digitalized over the years, faces critical issues like data security and privacy, especially with such a large population. The security of the data on mobile phones is more crucial than ever since they are becoming an essential part of both our personal and professional lives….
Evidence Based Compliance: The New Currency Under DPDPA The Digital Personal Data Protection Act, 2023 marks a decisive turn in how organisations will be evaluated. The future standard is clear: Compliance will be judged by evidence, not paperwork. Policies, notices, and contracts matter but they no longer determine regulatory outcomes. What matters is the organisation’s…
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