TMT Law Practice

The Ministry of Electronics and Information Technology (MeitY) ushered in the new year with the release of the Draft Digital Personal Data Protection Rules, 2025 (“Draft Rules”) for stakeholder consultation last evening. Stakeholders can submit their comments to MeiTy by February 18, 2025. While we anticipate the Draft Rules to undergo changes during the consultation process, we seek to highlight the key takeaways from the Draft Rules which remain integral to operationalize the provisions of the DPDPA. 1⃣ The Draft Rules is in consonance with the broad global privacy principles where it emulates the regulation from other privacy first jurisdictions - to illustrate (a) it is mandated that the privacy notice to data subject must be presented in a strictly stipulated manner detailing the rights, purpose and details of processing, powers, remedies for the benefit of the Data Principals, (b) it emphasizes on security, trust, data minimization, public welfare, and purpose limitation, and (c) verifiable consent from parents or guardians for processing children's personal remains a key aspect of consideration for businesses, which may necessitate overhaul of IT architecture to be able to verify records of the consenting party, for processing of children data. 2⃣ The Draft Rules share indicative guidance about the classification of Significant Data Fiduciaries (SDFs) who will be responsible for actioning stricter measures to safeguard user privacy, including annual security audits, algorithmic software accountability, and Data Protection Impact Assessment, with a clear focus towards e-commerce, gaming and social media intermediaries. 3⃣ The Draft Rules prohibit conflicts of interest with Data Fiduciaries in respect of the promoters or key managerial personnel of the Consent Managers to ensure that Consent Managers operate independently. 4⃣ Draft Rules 16 to 20 take effect immediately upon notification, enabling the prompt establishment of the Data Protection Board while also outlining its operation as a digital office and specifying the terms and conditions governing the appointment and service of its Chairperson and members. 5⃣ The provisions around personal data breach do not adequately inform companies of their obligations, especially when all personal data breaches are intended to be treated the same under the Rules. That said, the Draft Rules defer several critical issues to future clarification for instance, leaving Cross Border Transfers subject to future government orders, thresholds for SDF classification, and providing no defined standards for algorithmic software accountability. TMT Law Practice will be reviewing the Draft Rules to advise on an active approach to compliance while making comprehensive submissions to MeitY. If you have insights as a stakeholder, please feel free to reach out to us at info@tmtlaw.co.in or reach out to our members. #DigitalPrivacy #DPDPA2025 #MeitY #DataProtectionRules #StakeholderConsultation

Excited to share our latest December newsletter, packed with insightful updates on the technology, media and entertainment, telecommunications, commercial space, defence, gaming and intellectual property rights sectors! Be it the newest advisory for OTT platforms on responsible portrayal of narcotics and psychedelic substances, or SEBI regulations for using AI tools in investment. New OTP tracing rules for the telecommunications sector, or spectrum pricing updates for commercial space and defense The latest on real-money gaming, and more! Stay informed, stay compliant! Read our December newsletter now and navigate the ever-changing landscape of media and entertainment with confidence! #mediaandentertainment #regulatoryUpdates #ottplatform #SEBI #AI #telecommunications #spectrumpricing #intellectualproperty #realmoneygaming #iprghts #regulatorynews #compliance #medialaw #entertainmentlaw #telecomregulations #digitalmedia #broadcasting #satellitecommunications #regulatorycompliance"

Happy New Year from TMT Law Practice ✨ Our team has been at the forefront of these developments, providing expert counsel to clients navigating the complexities of the legal world. As we welcome 2025, we will continue being committed to: - Staying ahead of the curve in TMT law and policy - Providing innovative, tailored solutions for our clients - Fostering strong relationships with industry leaders and stakeholders Our clients are our top priority. We're dedicated to delivering expert guidance and strategic counsel to help you navigate the ever-changing TMT landscape. Here's to a successful and innovative 2025! Thank you for trusting TMT Law Practice as your partner. #TMTlaw #LawFirm #HappyNewYear #Innovation #Technology #Media #Telecommunications

The Screenwriters Rights Association of India (SRAI) has secured an official registration as a Copyright Society under Section 33 of the Copyright Act, 1957, for dramatic works, and literary works associated with dramatic works. While SRAI’s recognition paves the way for screenwriters to benefit from a structured mechanism for collecting royalties for their creative contributions, the journey towards achieving a fair reasonable balance between producers and writers is far from complete. This registration invites 2 big questions - what will be the works for which royalties, i.e., will exploitation of audio visual content comprising dramatic or literary works attract payment of royalties; and how will royalty rates be determined? Producers will likely seek to guard themselves from having to pay royalties to authors of dramatic works as these works lack mention in the provisos to Section 18. For more information contact Anushree Yewale, Urjitah Srikanth, and Piyusha Jain.

TMT Law Practice is pleased to share the November 2024 edition of Write to Information! This issue continues our tradition of delivering timely legal insights. As the legal landscape evolves, our focus remains on empowering you with the knowledge to navigate developments in technology, media, telecommunications, space, gaming, privacy, and more. Stay informed and ahead of the curve with updates tailored to your interests. #LegalUpdates #News #LegalDevelopments #TMT #TMTLawPractice #Telecommunication #Media #IPR #DisputeResolution #Space #Gaming #Technology #Privacy #Defence

In the age of rapid technological advancements, the need for a controlled environment to test new products, services, and business models is becoming vital to drive innovation, ensure regulatory compliance, and safeguard consumer interests. 'Regulatory sandboxes' provide this solution. As per the Telecommunication Act, 2023, a regulatory sandbox is a live testing environment for new technologies and business models on a limited user base, with specific relaxations from the provisions of the Act. To advance innovation in India's digital communication space, the Department of Telecommunication on November 27, 2024, notified the Draft Telecommunications (Regulatory Sandbox) Rules, 2024. This framework is a significant step toward fostering innovation, reducing regulatory burdens, and ensuring the safe integration of cutting-edge technologies like 5G networks, AI-powered communication tools, and blockchain applications, among others. Key Highlights of the Draft Rules: 1. Creation of Sandboxes: Proposed by the Central Government or upon application, each sandbox will have clear objectives, guidelines, exemptions, eligibility criteria, exit strategy, and reporting obligations. 2. Validity: The sandbox’s duration will be up to 2 years, extendable by 12 months. 3. Applicant Obligations: Ensuring data privacy, obtaining informed consent from participants, and maintaining liability insurance. 4.Governance Committee: Oversight of sandbox operations, evaluation of results, and recommendations for continuation or commercial viability. 5. Revocation of Approval: Non-compliance or misinformation by applicants may lead to revocation of sandbox approval. The consultation process invites stakeholders to provide feedback on the draft rules within 30 days of publication, i.e., before December 27, 2024. Alaqshendra Singh Gaurav Pandey #Telecommunications #RegulatorySandbox #Innovation #DigitalCommunication #5G #ArtificialIntelligence #Blockchain #TechPolicy #DigitalIndia #TelecomInnovation #EmergingTechnologies #PolicyFramework #ConsumerProtection #TelecomRegulations #TechnologyTesting #FutureOfTelecom #DepartmentofTelecommunication

We, at TMT Law Practice , are delighted to have represented WinZO Games Private Limited in a landmark case that has led the Competition Commission Of India (CCI) to order a detailed investigation into Google’s anti-competitive practices. This significant step comes after WinZO raised critical concerns about Google’s - ·        Restrictive Play Store policies excluding legitimate skill-based gaming apps. ·        Selective Pilot Programs that unfairly favored certain competitors. ·        Arbitrary advertising restrictions limiting market access for many app developers. ·        Misleading sideloading warnings and payment alerts affecting user trust and business. The real impact of this case was made possible by the persuasive and detailed submissions made by Mr. Abhishek Malhotra, assisted by Nishtha Chaturvedi, Srishti Gupta and Anukriti Trivedi, whose strategic insights and arguments were instrumental in achieving this milestone. The CCI’s directive underscores the importance of leveling the playing field for businesses and fostering an environment where innovation and competition can thrive. This investigation has the potential to set a precedent for safeguarding competition and promoting a robust ecosystem for Indian entrepreneurs and consumers alike. We have attached a detailed summary of the case and the key issues identified by the CCI for your reference. The order can be accessible at https://lnkd.in/gjNBwSSS Here’s to a more equitable future for India’s gaming and technology landscape! #CCI #Winzo #Google #Onlinegaming #Legalupdates #Tmtlawpractice

𝐄𝐱𝐩𝐥𝐨𝐫𝐢𝐧𝐠 𝐅𝐢𝐧𝐚𝐥 𝐅𝐫𝐨𝐧𝐭𝐢𝐞𝐫𝐬 𝐓𝐨𝐠𝐞𝐭𝐡𝐞𝐫!!! Mr. Abhishek Malhotra will be driving the dialogue regarding the 𝐟𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐬𝐩𝐚𝐜𝐞 𝐭𝐞𝐜𝐡𝐧𝐨𝐥𝐨𝐠𝐲 𝐚𝐧𝐝 𝐀𝐈-𝐝𝐫𝐢𝐯𝐞𝐧 𝐚𝐝𝐯𝐚𝐧𝐜𝐞𝐦𝐞𝐧𝐭𝐬 at the India-US Tech Conclave during #𝐁𝐓𝐒𝟐𝟎𝟐𝟒! The session, "US - India Commercial Space Working Group & Opportunities for Business & AI Applicability in Space Tech", will bring together global leaders, including policymakers and industry experts, to discuss collaborative opportunities in commercial space and cutting-edge AI applications. 📅 𝐃𝐚𝐭𝐞: 20th November 2024 📍 𝐋𝐨𝐜𝐚𝐭𝐢𝐨𝐧: Bangalore Palace, Bengaluru. #indiauspartnership #bts2024 #spacetech #artificialintelligence #commercialspace #innovation #aiinspace #spaceexploration #techconclave #futureofspace #globalcollaboration #spacebusiness #aiinnovation #techsummit #usindiarelations #spacetechnology #innovationsummit #aiforfuture #spaceai #breakingboundaries #bangalore #bengaluru #satellitecommunications #earthoberservation

We’re excited to present the October 2024 edition of 'Write to Information' from TMT Law Practice. This issue, building on the strengths of previous editions, offers fresh insights, compelling case analyses, and practical guidance to keep you informed and empowered amidst evolving legal landscapes. #LegalUpdates #News #LegalDevelopments #TMT #TMTLawPractice #Telecommunication #media #IPR #DisputeResolution #Space #Gaming #Technology #Privacy #Defence

✨ 𝐖𝐢𝐬𝐡𝐢𝐧𝐠 𝐞𝐯𝐞𝐫𝐲𝐨𝐧𝐞 𝐚 𝐣𝐨𝐲𝐟𝐮𝐥 𝐃𝐢𝐰𝐚𝐥𝐢 𝐟𝐢𝐥𝐥𝐞𝐝 𝐰𝐢𝐭𝐡 𝐏𝐫𝐨𝐬𝐩𝐞𝐫𝐢𝐭𝐲, 𝐋𝐢𝐠𝐡𝐭, 𝐚𝐧𝐝 𝐑𝐞𝐬𝐢𝐥𝐢𝐞𝐧𝐜𝐞. ✨ This Diwali, let's renew our commitment to safeguarding innovation, connectivity, and fairness in technology, media, and telecommunication sectors. #diwali2024 #festivaloflights #happydiwali #diwaligreetings #celebrationofjustice #tmtlaw #innovationandintegrity #diwalivibes #legalinnovation #techlaw #justiceforall #commitmenttofairness #diwalipost #legalcommunity #lawfirmdiwali #diwaliblessings #telecomlaw #medialaw #diwalicelebration