What India’s Transition to New Data Protection Law Means for Global Businesses

Thursday, January 23, 2025
(6:00 PM – 7:00 PM (IST))

 

INTRODUCTION:

The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is India’s first standalone data protection legislation intended to regulate the collection, processing, and transfer of personal data. The DPDP Act has extra-territorial applicability to non-Indian entities dealing with personal data of individuals in India as well as to Indian entities processing personal data. Though enacted, the DPDP Act is not in force as it is subject to finalization of the rules of compliance – which have now been issued in draft form. Earlier this January, the government introduced the draft Digital Personal Data Protection Rules, 2025 (“Draft Rules”) for public consultation.

It appears that we are nearly there and have some visibility over what the new data protection regime would look like, with a few operational compliance points that may be addressed or clarified by the Government. Once the Draft Rules come into play, the compliance period for businesses begins. Join us for an engaging discussion on how these developments will shape the future of data governance in India and their impact on global businesses.

FOFOCUS AREA

• How does the new law apply extra-territorially to a global business with a physical or electronic presence in India? What exemptions are available for outsourcing arrangements?
• How should global players approach consent and notice requirements basis principles of data minimization?
• How will cross-border data transfers evolve under the new law? What is the scope for potential data localization requirements?
• How will the mechanism for obtaining and managing verifiable consent for processing children’s data function? How would the exemption to this obligation be applicable?
• What is the role of consent managers and how would they function between data fiduciaries and data principals?
• What are the grounds for Government access? How does this impact adequacy and impact assessments?
• How will the new Data Protection Board shape-up and how would the enforcement regime pan out?
• What are the key points for feedback or further clarification that can be put-forth to the Government on the Draft Rules during the consultative process?

Suggested Readings

India’s Digital Personal Data Protection Act, 2023: History in the Making (here)

India’s New Data Protection Regime, One Step Closer: Draft Compliance Rules Issued (here)

Flow of the session

06:00 PM to 06:45 PM (IST)	Panel Session
06:45 PM to 07:00 PM (IST)	Audience Q&A

 

Speakers

Vaibhav Parikh Lead – TMT Practice Nishith Desai Associates

Vaibhav Parikh heads our US office and leads the practice areas of Technology, Telecom, Mergers and Acquisitions, and Private Equity. He has rigorously embraced the practice of Technology Law, with an emphasis on corporate transactions. He has consistently been engaged in advising several top end Technology and Telecom companies.

Over the years, Vaibhav has also been advising several leading Indian e-commerce companies in their operations from a legal and regulatory standpoint and has facilitated some of India’s largest e-commerce transactions. Vaibhav has often played the role of key advisor to leading Cryptocurrency exchanges in India and continues to do so. Several leading financial publications often turn to him for his valuable insights on the subject.

 

Huzefa Tavawalla Lead –Technology Practice Nishith Desai Associates

Huzefa heads the Technology Practice and the Bangalore office of the firm. He is also an avid techno enthusiast. He has worked on several matters relating Gen AI, VDAs, Drones, Space Imagery, Geospatial Data, Driverless Cars, AR/VR etc. With a strong IP, data and regulatory background he has been able to successfully provide solutions and risk assessments on several cutting edge and cross-border horizon technologies and TMT matters.

 

Aaron Kamath Lead – Technology & Privacy Practice Nishith Desai Associates

Aaron leads the firm’s tech transactions, fintech and privacy law practice in the United States. For over a decade, he has been advising clients on a host of subjects ranging from market entry and incorporation in India, investments and technology deals, product launches, privacy, data protection, data localization, cyber security, IP structuring, digital payments, commercial communications, consumer protection and commercial contracts. He also advises on sectoral regulations such as in the IT/ITES, fintech, telecom, insurance, banking and government procurement sectors.

He plays a key role in the firm’s advocacy and policy initiatives and has been involved in making representations to the Indian Government such as on foreign direct investment conditions for the e-commerce sector, cyber security framework and regulatory conditions for e-wallets, intermediary due diligence and liability, proposed data protection law and non-personal data governance.

 

Tanisha Khanna Lead – TMT and Gaming Nishith Desai Associates

Tanisha heads the gaming practice and advises clients on regulatory compliances, IP protections, data privacy issues, and structured transactions and investments in the TMT industry. Apart from transactional and advisory work, she has also been integrally involved in a number of litigations and arbitrations in the TMT industry.

Tanisha plays a key role in the firm’s policy initiatives and representations to the Government. She regularly writes thought leadership and research articles and papers for internationally acclaimed publications in these industries. She has been a featured speaker at numerous legal conferences and industry events.

 

Varsha Rajesh Senior Member – TMT and Healthcare Nishith Desai Associates

Varsha’s practice primarily focuses on advising clients on legal and regulatory issues related to cross-border data transfers, sectoral non-personal data compliances, fintech, personal data privacy, outsourcing, e-commerce, digital advertising and import-export. She also routinely handles regulatory matters pertaining to pharmaceutical and food manufacturing and import.

Varsha regularly contributes to national and international publications, writing on various topics on health data privacy, digital health, med-tech, pharmaceutical, medical device and healthcare regulations.