New Law on Data Privacy Proposed: India takes a leaf from the GDPR book

Tuesday, July 31, 2018

SESSION: 20:30 PM to 21:30 PM (IST)

Wednesday, August 01, 2018

SESSION: 2:30 PM to 3:30 PM (IST)

INTRODUCTION

The much-awaited Personal Data Protection Bill, 2018 (“Bill”) was released on July 27, 2018 by the Committee on Experts on a Data Protection Framework for India (“Committee”). This Bill is a landmark development in the Indian legal landscape as it is the first of its kind, and has been a year in the making. The Committee, chaired by retired Supreme Court judge, Justice Srikrishna, was constituted in August 2017 to examine issues related to data protection, recommend methods to address them, and draft a new general data protection law. The Bill will now go through the motions of becoming a law; first to the Law & IT Minister Ravi Shankar Prasad, then to the Cabinet and finally the Parliament. The Bill finally addresses questions to which answers have been long awaited; such as cross border data flows, data localization, and its impact on multinational technology corporations.

Our detailed analysis of the Draft Bill is available here.

Focus Area

• Applicability of the Bill and extra-territorial jurisdiction

• New types of information aimed to be protected under the Bill

• Enhanced data controller obligations, including notice and consent requirements, purpose limitation

• Cross-border data transfers and data localization

• Child's consent

• Right to be forgotten

• Data portability

• Security and transparency: privacy by design, security safeguards, impact assessment and audits

• Data protection authority and enforcement mechanism

• Penalties

Flow of the session

JULY 31, 2018

AUGUST 01, 2018

Speakers

GOWREE GOKHALE

Senior Leader, IP, Technology, Media and Entertainment Law Practice, Nishith Desai Associates

Ms. Gowree Gokhale is a senior leader who heads the IP, Technology, Media and Entertainment law practice at NDA with 22 years of experience. She has been advising international and domestic clients in the TMT space on complex structuring, regulatory, IP, commercial law and litigation matters. During last few years she has been focusing heavily on policy and regulatory matters on behalf of the industry. In addition to leading industry efforts on the propose regulation of online content she also led the team that represented the largest association of technology companies (NASSCOM) and largest association of digital companies (IAMAI) to engage with the Government by drafting responses to the J. Srikrishna committee on the proposed law on data protection. She also led the representation before Law Commission on gaming law reforms.

The Legal 500 Asia Pacific rankings for 2017 have recommended Ms. Gowree Gokhale as number 1 leading Individual lawyer for the TMT practice.

She has been lecturing at colleges, and presenting in domestic and international seminars. She has also acted as mentor for several start ups in the TMT space.

VIVEK KATHPALIA

Senior Leader & Head of Singapore Office, Nishith Desai Associates

Mr. Vivek Kathpalia heads the Singapore office of the multiskilled, research-based international law firm, Nishith Desai Associates (www.nishithdesai.com). He globally leads the firms International Commercial Law Practice Group. He also is a leader in the M&A & PE practice group at the firm.

He globally co-leads the Information Technology, Telecommunications, New Media and Education Industry Practice Groups. He holds numerous management positions in the firm. Vivek divides his time between Singapore and India.

Vivek advises clients in complex cross-border transactions including, technology deals, M&A, private equity investments, regulatory & commercial matters across various industry sectors. As the partner in charge of the Singapore office, he leads the firm’s various initiatives in Asia and Japan. He actively writes articles and papers in the Indian and foreign press and is often invited to speak at conferences both in India and internationally.

Vivek earned a Bachelor’s degree in Law from the Government Law College, Mumbai and is a Solicitor affiliated with the Bombay Incorporated Law Society. He is a member of the Bombay Bar Association, Bar Council of Maharashtra & Goa & the International Bar Association. He is a registered foreign attorney in Singapore since 2007.

HUZEFA TAVAWALLA

Leader, International Commercial Law and Disruptive Technologies Practice, Nishith Desai Associates

Huzefa Tavawalla is a techno-enthusiast who heads the International Commercial Law and Disruptive Technologies Practice at the multi-skilled, research based international law firm Nishith Desai Associates.

He is also an integral member of the TMT & Corporate Practice Groups and focuses on matters pertaining to Payment Systems, Technology, Mergers & Acquisitions, and International Tax.

Huzefa has been at the forefront on advising on several cutting edge, complex and cross-border payments, telecom, regulatory and technology issues.

Further, Legal 500 accredited Huzefa as “an accomplished professional with a deep understanding of M&A transactions”.

Huzefa has also done extensive research and undertaken various matters in relation to cutting areas of technology such Artificial Intelligence, Driverless Cars, Drones etc. In addition, he has significant expertise in joint ventures, asset acquisitions and business transfers with a special focus on public private partnerships.

KARTIK MAHESHWARI

Leader, Regulatory and Start-up Practice, Nishith Desai Associates

Kartik Maheshwari is a Leader at Nishith Desai Associates where he is a senior member of the TMT and corporate investments practice group at the firm. Kartik leads regulatory and policy initiatives in the TMT space along with fronting the firm’s start up practice. He has worked closely with the Government as well as various industry bodies on the Government of India’s Startup India initiative.

Kartik has substantial experience in public policy matters and regularly works with the Department of Telecom, Department of Electronics & Information Technology, Ministry of Information and Broadcasting, Telecom Regulatory Authority of India apart from various other sectoral regulators. Apart from representing clients, he also works with the regulators in terms of providing inputs on a wide range of policy related issues spanning privacy, payments, telecommunications, content regulation amongst others.

He was also an integral member of the team that helped the Government of Mauritius on preparing its ‘National Innovation Framework’.

AARON KAMATH

Member, Technology–Media-Telecom (TMT) and International Commercial Law Practice Nishith Desai Associates

Aaron Kamath is qualified to practice law in India and is enrolled as an Advocate with the Karnataka State Bar Council. He is a member of the firm’s TMT and International Commercial Law Practice. He has advised a number of multi-national corporations on various aspects including data privacy compliances and also assisted on privacy related documentation. Further, he regularly advises payment gateways / operators from a legal and regulatory standpoint and structures their operations in India.

He has also played a key role in the firm’s regulatory and policy initiatives, including various speaking enragements and representations to the Indian Government.