Tag: intermediaries
October 23, 2024
Data Privacy and Protection
Data Privacy and Protection
Balancing Privacy and Efficiency with SEBI’s New ...
On October 8, 2024, through a consultation paper released by the Securities and Exchange Board of India ("SEBI") a new policy has been proposed on data-sharing for the purposes of research and analysis ("Policy"). The Policy is applicable to all intermediaries and Market Infrastructure Institutions ("MIIs") and is aimed at streamlining business operations in India's financial markets while addressing critical data privacy challenges. . . . ...
March 21, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
AI in the Spotlight: Insight’s from MeitY’s...
The Ministry of Electronics and Information Technology ("MeitY"), on March 1, 2024, issued an advisory for all intermediaries under the Information Technology Act, 2000 ("IT Act") and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). ......
February 7, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Between the ‘Abyss of Unrestrained Power’ and the ‘Heav...
On January 31, 2024, a two-judge bench of the Bombay High Court delivered a split decision regarding the constitutional validity of Rule 3(i)(II)(A) and (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, which amend Rule 3(1)(b)(v) of the Information Technology Rules, 2021 (the "Impugned Rule"). ......
January 4, 2023
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Regulations on Online Gaming – Draft Amendments t...
In order to safeguard the users of online games against potential harm, draft amendments to the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 ("Draft Rules") pertaining to online gaming were released on January 02, 2023 by Ministry of Electronics and Information Technology ("MeitY") for public consultations. ......
December 7, 2022
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Standard Regulating Reviews on E-commerce Platforms
India has one of the fastest growing e-commerce markets in the world and e-commerce transactions have steadily increased across the nation during the past several years. Consumers heavily rely on reviews posted on e-commerce platforms to understand the experience of customers who have already purchased the goods or services, and online reviews have significant influence over purchasing decisions of the consumers. ......
November 1, 2022
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Enhanced Obligations of the Intermediaries: Amendment t...
Intermediaries store or transport data on behalf of others and include online marketplaces, search engines, social media platforms, telecom and internet service providers. In 2008, the Information Technology Act ("IT Act") was amended to protect intermediaries from accountability for any information belonging to third parties. ......
November 10, 2021
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Government released FAQs on the IT Rules, 2021: Explain...
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") were enacted in February 2021, imposing strict due diligence requirements on intermediaries. On various grounds, a spate of petitions were filed in India's High Courts contesting the constitutional validity of the IT Rules, 2021. ......
July 27, 2020
Corporate Law
Corporate Law
Safety Net for Online Shopping Woes
How many times have you resorted to tweeting or posting on Facebook, trying to grab the attention of a particular seller or brand for an online shopping transaction gone wrong? The newly notified Consumer Protection (E-Commerce) Rules, 2020 ("Rules") that were notified on July 23rd, 2020 may just be the answer to your troubles. These Rules, which have been issued pursuant to the enactment of the Consumer Protection Act, 2019 ("Act"), lay down stricter, tougher requirements for e-commerce entities/ electronic retailers to follow. ......
March 23, 2020
Intellectual Property | Trademark
Intellectual Property | Trademark
Delhi High Court reverses decision: e-Commerce platform...
In a landmark judgement in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Others, FAO(OS) 133/2019, a Division Bench of the Delhi High Court has permitted e-commerce platforms to sell and advertise products of Direct Selling Entities ("DSEs") without their consent....
Representations, Warranties and Covenants: What are the consequences of breach?
Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.
Pharmacyclics Continues the Divisional Applications Debate in India
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.
An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...
On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").
Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...
The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.
Timing it Right: Delhi High Court on Pre-Grant Oppositions in India
What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.
Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2
In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").
Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...
The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").
When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...
An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.
Navigating Share Transfer Restrictions in Shareholders’ Agreements
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
The Infringer’s Burden in Process Patent Suits in India
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
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