On March 1, 2024, the Ministry of Electronics and Information Technology (MeitY) issued due diligence related advisory to platforms and intermediaries regarding the deployment and use of AI algorithms and software on their platforms (1st Advisory).

In our previous post, we dealt with the scope of the Digital Personal Data Protection Act, 2023 (DPDP Act), the potential impact of consent as primary processing basis, and how Data Fiduciaries are likely to engage with Data Processors. In this second post, we aim to analyze Data Fiduciary’s obligations, Data Principal’s rights, and the...

On August 11, 2023, India notified the Digital Personal Data Protection Act, 2023 (DPDP Act), paving the way for new digital personal data processing norms. DPDP Act primarily aims to provide statutory recognition to some aspects of informational privacy, while balancing the need to process personal data on lawful grounds.

On July 10, 2023, European Commission (“EC”) adopted the EU-US Data Privacy Framework (“DPF”) for regulating transatlantic data transfers. US and EU share an extensive trade and investment relationship necessitating transfer of personal data across borders, and this has highlighted the need for a transfer structure that is sustainable and aligned with the General Data...

Earlier this year, Singapore based Digital Collectibles Pte Ltd (“Rario”) and five well-known Indian cricketers (“plaintiff cricketers”) filed a case in the Delhi High Court (“HC”) against Galactus Funware (“MPL”) and Phoenixplay Tech Pvt Ltd (“PTPL”). The suit was initiated due to the creation and sale of NFTs using the name, likeness, and information of...

By Arya Tripathy on November 24, 2022 Introduction On November 18, 2022, the Ministry of Electronics & Information Technology (MeitY) issued the draft Digital Personal Data Protection Bill, 2022 (DPDB), which is open for public consultation till December 17, 2022. Earlier on August 4, 2022, MeitY withdrew the Data Protection Bill, 2021 on the premise...

In April 2022, Dream Capital, the investment arm of the company that owns Dream 11, invested $120 million in Rario, a cricket non-fungible tokens (“NFTs”) platform, thus setting the tone for the next frontier of growth in the fantasy sports sector. The use of NFTs in gaming has been an emerging trend since late 2021,...

The Indian Computer Emergency Response Team, commonly referred as CERT-In was established in 2004 as the national agency responsible for acting in the face of cyber incidents, including making forecasts, undertaking emergency measures for handling such incidents, and issuing guidelines for infosec practices. Historically, CERT-In has been often criticized for its inaction on reported cyber...

During the Covid-19 pandemic, we witnessed a rapid shift in the way legal and business community interpret Force Majeure (“FM”) clauses in commercial contracts. These are no longer perceived as standard boilerplate clauses, but hold significance especially where performance of contracts is hindered due to socio-economic and geopolitical tensions.