The Telecommunications Act, 2023: A Brief Overview

The Telecommunications Act, 2023 (the “Act”) received Presidential assent on 24 December 2023. The Act gives the discretion to the Central Government to bring into effect different provisions at different points in time. The provisions are likely to come into force soon and accordingly, certain key aspects introduced / changed by way of the Act are captured in the article.

Online Gaming - Have the reins been pulled?

By way of a recent notification, Ministry of Electronics and Information Technology has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Intermediary Rules”) through the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, to include online games within the ambit of the IT Intermediary Rules and the Information Technology Act, 2000.

Making sense of regulatory sandbox for Fintech startups

Over the past few years, India has seen rapid development in the financial technology sector, and it has the second highest number of Fintech startups in the world. According to certain estimates, India’s Fintech sector added about 1,300 startups from 2015 to 2018. According to the National Association of Software and Services Companies, India’s Fintech market is expected to be worth US$2.4 billion by 2020.

Inclusion of Virtual Asset Service Providers as reporting entities under the Prevention of Money Laundering Act, 2002 

On March 7, 2023, the Department of Revenue (DoR), Ministry of Finance, included virtual asset service providers (VASPs) as "Reporting Entities" within the scope of the Prevention of Money Laundering Act, 2002 (PMLA). A Reporting Entity refers to a banking company, financial institution, intermediary, or an individual engaged in a designated business or profession. According to the PMLA, the Central Government has the authority to designate specific activities' practitioners as "persons carrying on a designated business or profession" through an official notification.

National Geospatial Policy, 2022

A Guiding  Light for Implementation of Geospatial Regulations in India

Laws Governing Virtual Digital Assets - India Guide 2022

The popularity of digital currency and virtual digital assets are on the rise in India. As per the United Nations Conference on Trade and Development’s report in 2022, India ranked 7th on the  list of countries ranked as per digital currency adoption with 7.3% of India’s population owning digital currency in 2021. However, the regulations in this sector are still in their nascent stages, with no law currently in place, dedicated to regulation of crypto assets in India. This article sets out the latest laws and developments in the crypto sector in India.

Regulatory Uncertainty Stifling Fintechs? Crucial Regulatory Changes in 2022

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A User's perspective on the Draft Telecommunication Bill

The final part in the series on the analysis of the Draft Indian Telecommunication Bill, the post directs attention to the User and the regulatory framework. Covering an array of issues ranging from the measures of protection afforded for the users to the wide and open-ended powers attributed to the Government, the post explores the regulatory choices made by the lawmakers and their consequences.

A Licensee's perspective on the draft Indian Telecommunication Bill, 2022. 

In a bid to simplify and make the regulatory framework understandable by those players within the market, the Bill has broadly divided permissions to be sought for telecom operations into four sections, that is, License, Registration, Authorization, and Assignment. Each of these operates within the regulatory boundaries assigned to them. Therefore, a clear understanding of these limits would assist in better compliance and implementation of the proposed Bill when it is enforced.

CERT-Ins’ Directions on Mandatory Cyber-Incidents and Information Security Practices

The recent CERT-In directions were issued to enhance the overall cybersecurity and enable safe internet use in the country. However, these directions will have larger implications for cloud computing services, virtual private networks, and crypto-services providers. Read a detailed analysis by our partners, Rohan K George and Nivedita Nivargi, and Sr. Associate Preethi Sharma on CERT-Ins’ Information Security Directions

Breakdown of the Draft Indian Telecommunication Bill, 2022

Through a series of future posts, Partner Rohan K George, Associates Nathaniel Andrews, and Anietia Tom will bring a complete and comprehensive analysis of the Bill aligned according to the interest of the various stakeholders. This series covers everything from Bill's significant advancements to an in-depth inquiry into the regulatory approach adopted to enable a market-relevant outlook.

CERT-Ins’ Directions on Mandatory Cyber-Incidents and Information Security Practices

The recent CERT-In directions were issued to enhance the overall cybersecurity and enable safe internet use in the country. However, these directions will have larger implications for cloud computing services, virtual private networks, and crypto-services providers. Read a detailed analysis by our partners, Rohan K George and Nivedita Nivargi, and Sr. Associate Preethi Sharma on CERT-Ins’ Information Security Directions

CERT-Ins’ Directions on Mandatory Cyber-Incidents and Information Security Practices

The recent CERT-In directions were issued to enhance the overall cybersecurity and enable safe internet use in the country. However, these directions will have larger implications for cloud computing services, virtual private networks, and crypto-services providers. Read a detailed analysis by our partners, Rohan K George and Nivedita Nivargi, and Sr. Associate Preethi Sharma on CERT-Ins’ Information Security Directions

Primer on Data Protection Bill

India's first dedicated legislation for data protection has been long-awaited and has taken several forms in the past few years. As on December 16th, 2021, the Joint Parliamentary Committee constituted for the review of the Personal Data Protection Bill, 2019 has tabled its report before Parliament and proposed a draft 'Data Protection Bill' significantly revising the scope of the legislation. Our Partner, Mr. Rohan K George, with Associate, Ms. Sriya Sridhar have prepared this detailed primer on the Data Protection Bill in its latest form to aid all entities who will be affected by the legislation in navigating the numerous compliance requirements which may need to be implemented. The primer also highlights key takeaways and action items for entities with respect to data protection compliance.

Update on Information Technology Rules - FAQs

The Ministry of Information and Technology had on 1st November 2021, released Frequently Asked Questions (“FAQs”) about Part II of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (“the Rules”).

 

Since the enactment of the Rules, they have been challenged before multiple courts in India, and have seen significant controversy due to the ambiguity in relation to several compliance requirements.  This update analyses the FAQs and the key takeaways for entities affected by the Rules. In addition, this update examines the key aspects which remain in need of clarification.

Primer on laws regulating e-commerce in India

This Primer provides an insight into the regulatory framework governing the e-commerce sector and is a ready reckoner for setting up an e-commerce business in India. Please click on 'Read More' for the complete publication.