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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...
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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.
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The regulation of virtual currencies (“VCs”) has encumbered a chequered history throughout the world and India is no exception. The Indian government has been moving back and forth between the decision of completely banning all VCs to introducing stringent regulations. While a bill was to be introduced in the 2021 winter session of the Parliament,...
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India does not have a dedicated privacy and data protection law and its draft maiden law, the Personal Data Protection Bill, 2019 (PDP Bill) created much anticipation. PDP Bill was referred to a Joint Parliamentary Committee (JPC) for further review and discussion.
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Social media marketing has disrupted traditional forms of sales promotion so much so that presently the Indian influencer market is valued at about INR 900 Crore.[1] In common parlance, an “influencer” is an individual who leverages her “followers” on platforms such as Instagram, TikTok to review, promote and endorse products or brands.
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By Arya Tripathy on October 29, 2021 Introduction Conversion of different kinds of preference shares into equity is a well-recognized practice for Indian companies, and is specifically permitted under the Companies Act, 2013 (CA 2013). The reverse scenario involving conversion of equity into preference shares has been a bit of a thorny issue as there is no...
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Article 46 of the General Data Protection Regulation (GDPR) lays out the alternative grounds that would allow a controller or processor to transfer personal data (PD) to a foreign jurisdiction which is not recognised as adequate. One of them is standard data protection clauses adopted by the European Commission.
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On May 25, 2021, the European Union General Data Protection Regulations completed 3 years. In these 3 years, multiple orders have been pronounced including some where high fines have been imposed. Article 83 of GDPR provides for two kinds of administrative fines depending on the nature of default:
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Fantasy sports refer to a wide range of virtual gaming contests where typically, users create their virtual teams comprising of real-life players, and compete against teams of other users. Users act as managers and score fantasy points based on the actual performance of real players in a real-life sports match coupled with other algorithm-based determinations....
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