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 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…
The Digital Personal Data Protection Act, 2023 (DPDPA) requires organisations that process digital personal data in India to provide a clear, accessible privacy notice before or at the time of collection. The form and manner are set by the Act and will be supplemented by rules under the Act. Earlier government communications indicated that formal…
OLD: Consent is a static checkbox exercise, sufficient for legal ‘satisfaction’. VIBE: Consent is a provable, real-time user journey, where every interaction is logged as irrefutable evidence of informed choice and ongoing intent. OLD: Compliance is an IT department’s operational burden, handled by technical staff. VIBE: Compliance is a C-Suite imperative, where proactive logging of…
The Hon’ble Delhi High Court, in the case of SpiceJet Limited v. Union of India and LG Electronics India Pvt. Ltd. v. Union of India, Writ Petition Numbers 2941 of 2012, decided on 04.11.2025, upheld the validity of the 2008 and 2010 Notifications introducing Paragraph 83 into the Employees’ Provident Fund Scheme, 1952 (hereinafter referred…
How to Align Your Contracts for DPDPA Compliance? The implementation of Digital Personal Data Protection Act, 2023 (DPDPA) requires organisations to adopt structured contractual safeguards with all third-parties who process personal data. Updating contracts is one of the fastest and most effective ways to strengthen compliance and reduce risk exposure. 1. Identify All Data Handling…
With the implementation of the four Labour Codes, all employment contracts and engagement agreements must now be realigned as follows: Mandatory Formalization Appointment letters mandatory for all employees, safety measures. in prescribed format. Must clearly capture designation, wages and benefits 2. Standardised Wage Structure Uniform definition of “Wages” applies. 50% Rule: Allowances cannot exceed 50%…
Introduction The legal status of cryptocurrencies in India has long existed within a zone of ambiguity, creating uncertainty for enterprises, custodians, exchanges, and investors seeking clarity on the classification, ownership, and enforceability of rights with respect to cryptocurrencies. This uncertainty has now been fundamentally changed by the landmark ruling of the Madras High Court in…
Introduction The implementation of the Digital Personal Data Protection (hereinafter referred to as “DPDP”) Act, 2023, will be significantly transforming the landscape of data governance for Indian organizations, with a particular focus on safeguarding personal data in compliance with global standards. For procurement and legal teams, vendor due diligence has emerged as a strategic priority,…
National Building Construction Corporation v. Sharma Enterprises Court – Delhi High Court Citation – O.M.P. (COMM) 215/2022 Date – 19.11.2025 The Hon’ble Delhi High Court has held that the Arbitral Tribunal is the master of facts and evidence and the Court in appeal cannot re-appreciate factual or evidenciary findings recorded in an arbitral award. The…
INTRODUCTION The Digital Personal Data Protection (hereinafter referred to as “DPDP”) Act, 2023, marks a transformative shift in how Indian banks manage personal data, particularly within the context of correspondent banking, where cross-border data flows are an operational necessity. Correspondent banking where banks facilitate financial services for other banks, often in different jurisdictions relies heavily…
The High Court of Karnataka at Bengaluru, in the case of Emmanuel Constructions Pvt. Ltd. v. Principal Secretary to the Government, Finance Department, Writ Petition No. 5827 of 2025, decided on 23.10.2025, held that a composite show cause notice covering multiple assessment periods and separate adjudication orders passed by different officers on the basis of…
INTRODUCTION India has taken an important step in reshaping its labour law system by bringing four new labour codes into force. These include the Code on Wages 2019, the Industrial Relations Code 2020, the Code on Social Security 2020 and the Occupational Safety, Health and Working Conditions Code 2020. This reform matters because earlier labour…
When I look back at the last three decades of regulatory transitions in India from excise to GST implementation, from IT Act amendments to sectoral cybersecurity standards, then one lesson has remained unchanged: Those who wait for the deadline always lose the advantage. Not legally, but operationally. The DPDPA is no different. On paper, the…
INTRODUCTION On a contemporary scale, India’s financial ecosystem has greatly evolved, accompanied by swift technological upgrades. One of the most important innovations influencing mass market participation is the Unified Payments Interface (hereinafter referred to as “UPI“). If in the distant past, digital payment was often restricted to the primary account holder, nowadays, UPI has gone…
The Digital Personal Data Protection Act, 2023, and its accompanying Rules have fundamentally altered the compliance landscape for India’s healthcare sector. For hospitals, diagnostic centers, and telemedicine platforms processing patient data, the stakes have never been higher. With penalties reaching up to ₹250 crore for serious contraventions and regulatory enforcement now operational, the time for…
INTRODUCTION The price, output, and quality are three primary parameters that competition law has traditionally focused on. The advent of zero price digital services, however, has changed this classical framework. Consumers in the digital economy do not use money to obtain anything, but rather their personal data, which serves as the business model for online…
The Digital Personal Data Protection Rules, 2025 were notified in the Gazette on 13 November 2025 (G.S.R. 846(E)). Some provisions are already in force, while the core compliance obligations kick in over the next 12–18 months: Rules 1, 2 and 17–21 apply from publication; Rule 4 (Consent Managers’ registration) starts one year after publication; Rules…
The Hon’ble Supreme Court, in the case of General Manager, U.P. Cooperative Bank Limited. vs. Achchey Lal & Anr., Civil Appeal Numbers 2974 of 2016, decided on 11.09.2025, clarified the legal principles governing the determination of an employer-employee relationship where workers are engaged through an intermediary, in this case, a registered employees’ cooperative society running…
INTRODUCTION The Goods and Services Tax (hereinafter referred to as “GST”) cancellation of registration has been noted to be one of the most contested matters in the GST regime. Businesses often dispute cancellation orders on the basis of flawed Show Cause Notices (hereinafter referred to as “SCN”), absence of factual specifics, mechanical argument and breach…
The Delhi High Court, in the case of Abhijit Mishra v. Wipro Limited, Civil Suit (OS) Number 31 of 2021, decided on 14.07.2025, addressed the extent to which employers can exercise their contractual termination rights without violating an employee’s right to reputation. The Court held that while the Defendant was entitled to terminate the employment…
13 November 2025 will be remembered as the day India crossed into a new digital era, a Privacy Singularity. For the first time, the rights of the Indian citizen are codified, actionable, and backed by statutory duties on every Data Fiduciary and Processor. This is bigger than compliance. It is a redistribution of digital power….
Introduction FinTech apps make money movement feel effortless, but the moment you sign up they start collecting a lot of personal and financial details. This can include your phone number, bank information, ID proofs, transaction history and even how you use your device. All of this sits behind the smooth buttons and screens you tap…
The High Court of Orissa in the case of Aruni Stone Crusher v. Superintendent, Central GST and Central Excise (2025) 35 Centax 284 (Ori.), decided on 25.09.2025, examined whether a rectification application filed under Section 161 of the Goods and Services Tax (hereinafter referred to as “GST”) Act, 2017 must be considered before continuing with…
INTRODUCTION The Ministry of Skill Development and Entrepreneurship (hereinafter referred to as the “Ministry“) issued a notification on September 3, 2025. This notification amends the Apprenticeship Rules, 1992 (hereinafter referred to as the “Apprenticeship Rules“) through the Apprenticeship (Amendment) Rules, 2025 (hereinafter referred to as the “Amendment Rules“). This reform represents a significant policy intervention…
Himachal Pradesh State Electricity Board Limited v. HCL Infotech Limited Court – Himachal Pradesh High Court Citation – OMP (M) No. 55 of 2024 in CARBC No.13 of 2025 Date – 10.10.2025 The Hon’ble Himachal Pradesh High Court has held that bureaucratic delays and internal movement of files cannot be ground for condoning delay in…
Introduction Over the past years, the financial technology (hereinafter referred to as “FinTech”) industry in India recorded an unprecedented growth due to regulatory developments, a swift digitalization process, and the increasing access to financial services. However, this change has not been fairly shared. The inaccessibility of digital platforms still poses a barrier to the access…
MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited Court – Supreme Court Citation – Civil Appeal no. 13321 of 2025 Date – 03.11.2025 The Hon’ble Supreme Court has held that the the execution of an Arbitral Award can be objected to only if decree is void or without jurisdiction. The Court held, “97. We…
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