The Privacy Paradox- Debunking 14 Critical Myths of Modern Data Protection! Stop treating the DPDPA like a legal homework assignment. Dismantling misconceptions to foster a culture of proactive compliance and strategic resilience. Common Myths vs. The Reality Common Myths Myth: Our business is too small to be a target. Myth: Privacy compliance is a barrier…
Introduction The Supreme Court of India in HT Media Ltd. v. Principal Commissioner of Goods and Service Tax, Civil Appeal Nos. 23525-23526 of 2017, 2026 INSC 66, decided on 16.01.2025, addressed the distinction between administrative facilitation and statutory “Event Management Services” under the Finance Act, 1994. The Court set aside a CESTAT order that had…
Introduction The Supreme Court decision in Union of India v Heavy Vehicles Factory Employees’ Union and Another Civil Appeal Nos.5185-5192 of 2016 wherein it was held that, in calculating the overtime payments under Section 59 of the Factories Act, 1948 (hereinafter referred to as the “Act”) compensatory allowances are to be included has not only…
AI Models now know when they’re being tested. And they fake compliance. The 2026 International AI Safety Report, chaired by Turing Award winner Yoshua Bengio, documents something every techno lawyer and AI Systems deployers, creators, importers should understand. Some frontier AI models can now distinguish between evaluation and deployment contexts and alter their behavior accordingly….
How the novel ‘Consent Manager’ framework under India’s DPDPA aims to centralize and simplify user data permissions, reducing repetitive requests. Current Reality: Decentralized & Overwhelming. Allow Cookies? Accept Terms & Conditions? Share Location Data? Marketing Opt-in Required Access Contacts? Enable Notifications? Track Activity? Data Principal Users are bombarded individually by every Data Fiduciary, leading to…
Introduction Mandatory arbitration clauses in FinTech user agreements often serve as a strategic hurdle to bypass public litigation in favor of private, institution-led forums. However, under the legal landscape of 2026, these provisions cannot override the non-derogable jurisdiction of Indian consumer commissions. The Consumer Protection Act, 2019, functions as a welfare statute that grants users…
Introduction The discourse on Artificial Intelligence (“AI”) has moved decisively from the realm of capability to that of governance architecture. The White Paper released by the Office of the Principal Scientific Adviser, titled “Strengthening AI Governance Through Techno-Legal Frameworks,” depicts India as an adopter of AI but as a country that is seeking to build…
Under the Union Budget 2026–27, localisation of data through Indian data centres has clearly emerged as the central pillar for operationalising the DPDP Act. By aligning data localisation with fiscal and tax incentives for foreign companies setting up data centre operations in India, the Budget also signals that compliance and investment can go hand in…
Introduction Arbitration is fundamentally a creature of consent. But what happens when the very document containing the consent, the arbitration agreement, is alleged to be a forgery? In the recent judgment of Rajia Begum v. Barnali Mukherjee, decided on February 2, 2026, the Supreme Court of India clarified the threshold for refusing arbitration when the…
Introduction The Supreme Court’s decision in Adani Power Ltd. v. Union of India [(2026) 38 Centax 90 (SC)] is not merely another tax dispute arising out of India’s Special Economic Zones (“SEZ”) regime. It is a restatement of fundamental constitutional principles governing taxation, such as the requirement that all levies have explicit legislative sanction, the…
Top 14 Insights from “Techno Legal Whitepaper on Strengthening AI Governance” by the Office of the Principal Scientific Adviser to the Government of India (Released on 23rd January, 2026) 1. Techno Legal Framework: It integrates legal instruments and rule-based conditioning directly into the technical architecture of an AI system by design. 2. Objectives : It…
In the age of Human-In-Loop (HIL) and Human-On-Loop (HOL), Moltbook is a social media for AI Agents to post, and Human can Observe!! Here is why it is a legal ticking time bomb in force? 1.You own what your AI bot says. If your agent leaks a trade secret or smears a competitor in a…
The Union Budget 2026-2027 represents a tectonic shift in India’s legislative and economic framework, pivoting decisively from procedural rhetoric to a regime of structural performance. For business leaders, the message is clear: the administration has prioritized “Action Over Ambivalence,” targeting a sustained growth rate of 7% through a strategy that balances aggressive global ambition with…
Key Legal Shifts Section 15 CGST: Simplification of post-sale discount eligibility. Inverted Duty Structure: Provisional refunds now provide immediate liquidity relief. IGST Intermediary Services: Default “place of supply” rules now apply, reducing litigation. Appellate Tribunals: Full operational empowerment effective April 2026. Legislative Amendments and Simplification Simplified Post-Sale Discounts: Requirements for linking post-sale discounts with specific…
Introduction In the modern Indian economy, with the rise of the gig economy and flexible work arrangements, businesses are increasingly employing a diverse workforce. However, this flexibility creates a major legal problem: the proper classification of workers as either ‘employees’ or ‘independent contractors.’ This classification is more than just a matter of semantic accuracy; it…
Statutory & Litigation Reforms New Income Tax Act, 2025: Replaces the 1961 Act effective April 1, 2026, with simplified language and forms. Unified Assessment & Penalty Orders: Integrates assessment and penalty proceedings into a common order to reduce multiplicity. Decriminalization of Procedural Omissions: Non-production of books and certain TDS payment delays are now decriminalized. MACT…
Introduction The enforceability of non-compete clauses in employment relationships has long occupied a fraught space in Indian contract law. Employers have attempted to safeguard economic interests with restrictive covenants that go beyond the duration of employment as businesses become more competitive and talent becomes more mobile. Section 27 of the Indian Contract Act, 1872, which…
Introduction Fintech compliance in India has offered a comforting assurance for many decades whereby if you checked the boxes and adhered to the guidelines, you were essentially safe. With audit trails, internal policies, and paperwork serving as the foundation of legal risk management, compliance was viewed as a technical Endeavour. However, a quiet but profound transformation…
Most Indian boards think they have NOW full 15 months and few days, as of now, to comply with DPDPA. If MeitY compresses the runway from original 18 months to 12, transition will become a nightmare. Three uncomfortable truths I am seeing in the field: You are suffering from “Bandwidth Bankruptcy.” If your DPDPA lead…
The “Engine Room” of India’s AI Impact Revolution is No Longer a Secret in 𝟐𝟎𝟐𝟔! I always emphasise that 𝐭𝐡𝐢𝐧𝐤 𝐨𝐟 𝐭𝐡𝐞 𝐃𝐚𝐭𝐚 𝐏𝐫𝐢𝐯𝐚𝐜𝐲 𝐅𝐢𝐫𝐬𝐭 𝐈𝐧𝐟𝐫𝐚𝐬𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐞 𝐚𝐬 𝐭𝐡𝐞 “𝐞𝐧𝐠𝐢𝐧𝐞 𝐫𝐨𝐨𝐦”. It can be further summarised as under: India is architecting a “Privacy-First” infrastructure by embedding Privacy by Design principles under the DPDPA, which mandates that…
Introduction Customs classification disputes often appear technical, but they lie at the intersection of statutory interpretation, fiscal discipline, and commercial reality. Another topic repeatedly discussed by judges of the Supreme Court of India involved in Commissioner of Customs (Import) v M/s Welkin Foods (2026) (hereinafter referred to as the “judgment”) was whether imported goods should…
Introduction India’s labour law landscape has long been criticised for its fragmentation, outdated enforcement mechanisms, and inadequate deterrence against wage-related violations. While employees continued to experience underpayment, delayed payments, and unequal compensation with little corrective effectiveness, employers frequently had to navigate a thicket of overlapping statutes. In light of this, the Code on Wages, 2019…
Introduction The operationalisation of the Payments Regulatory Board (“PRB”) in May 2025, in its inaugural meeting on January 5, 2026, represents a significant structural intervention in India’s financial governance. Replacing the erstwhile Board for Regulation and Supervision of Payment and Settlement Systems (“BPSS”), the PRB introduces a multi-stakeholder governance model that institutionalises the tension between…
A very interesting decision of 𝐇𝐢𝐠𝐡 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐒𝐨𝐮𝐭𝐡 𝐀𝐟𝐫𝐢𝐜𝐚 in Zulu Nyala Game Ranch v Beukes where 𝐚 𝐟𝐨𝐫𝐦𝐞𝐫 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐰𝐚𝐥𝐤𝐞𝐝 𝐨𝐟𝐟 𝐰𝐢𝐭𝐡 𝐚 𝐜𝐮𝐬𝐭𝐨𝐦𝐞𝐫 𝐥𝐢𝐬𝐭 𝐭𝐨 𝐛𝐞𝐧𝐞𝐟𝐢𝐭 𝐚 𝐜𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐨𝐫. 𝐁𝐲 𝐭𝐫𝐞𝐚𝐭𝐢𝐧𝐠 𝐭𝐡𝐞 𝐝𝐢𝐬𝐭𝐢𝐧𝐜𝐭𝐢𝐨𝐧 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 “𝐩𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧” 𝐚𝐧𝐝 “𝐜𝐨𝐧𝐟𝐢𝐝𝐞𝐧𝐭𝐢𝐚𝐥 𝐢𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧” 𝐚𝐬 𝐛𝐞𝐢𝐧𝐠 𝐨𝐟 𝐧𝐨 𝐬𝐢𝐠𝐧𝐢𝐟𝐢𝐜𝐚𝐧𝐜𝐞, 𝐭𝐡𝐞 𝐣𝐮𝐝𝐠𝐞 𝐞𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞𝐥𝐲 𝐮𝐬𝐞𝐝 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐨𝐟 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐈𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐀𝐜𝐭…
Introduction In a significant ruling concerning the procedural nuances of the Arbitration and Conciliation Act, 1996 (the “A&C Act”), the Supreme Court of India has clarified the scope of Section 21 regarding the commencement of arbitral proceedings. The Court held that the failure to issue a formal notice under Section 21 is not fatal to…
𝗧𝗵𝗲 “𝗕𝗹𝗮𝗰𝗸 𝗕𝗼𝘅” 𝗼𝗳 𝘀𝗺𝗮𝗿𝘁𝗽𝗵𝗼𝗻𝗲 𝗺𝗮𝗻𝘂𝗳𝗮𝗰𝘁𝘂𝗿𝗶𝗻𝗴 𝗶𝘀 𝗯𝗲𝗶𝗻𝗴 𝗽𝗿𝗶𝗲𝗱 𝗼𝗽𝗲𝗻! As per media reports, India’s draft proposal to mandate government access to source code and proprietary software updates represents a seismic shift in the doctrine of digital sovereignty. We are moving beyond standard compliance into a realm where the State acts not just as a…
𝐌𝐨𝐬𝐭 𝐀𝐈 𝐬𝐲𝐬𝐭𝐞𝐦𝐬 𝐚𝐫𝐞 𝐧𝐨𝐭 “𝐡𝐢𝐠𝐡-𝐫𝐢𝐬𝐤” 𝐛𝐲 𝐝𝐞𝐬𝐢𝐠𝐧. Don’t be generic in risk assessment, rather the micro level dynamics of stack of an AI System needs to be focussed upon to have actual perspective of risk assessment. Hence, if not taken care of, they become high-risk by architecture. Traditional AI, Agentic AI, and Agentic RAG…
Introduction India has produced one of the most radical public digital infrastructures in the global financial ecosystem in the Unified Payments Interface (“UPI”). Incorporating interoperability and real-time payments, UPI has not only fundamentally redefined how people and businesses operate but also led to a major promotion of financial inclusion and digitisation. What started out as…
Regenta Hotels Private Limited v. Hotel Grand Centre Point and Ors. Court – Supreme Court Citation – SLP (CIVIL) NO. 30212 OF 2024 Date – 07.01.2026 The Hon’ble Supreme Court has held that Arbitration proceedings commence from the date of receipt of invocation notice by the Respondent and not from the date of appointment of…
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…
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