Navigating Data Minimization Requirements under India’s DPDP Act

While the provisions of India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”) and its rules are yet to be notified, organizations need to prepare for a new set of compliance obligations and plan ahead. In large part, the DPDP Act follows global regulatory templates like the EU’s GDPR and embodies similar overarching principles such as data minimization and purpose limitation. The procedural implications of such principles reflected in the DPDP Act will translate into specific obligations and practices related to data collection, processing, sharing, and storage, especially in the context of Big Data analytics – including through the use of artificial intelligence and machine learning techniques.
This note analyzes the principle of data minimization under the DPDP Act, its interface with other laws (including with respect to consumer protection), and discusses potential learnings from other jurisdictions, including for the purpose of implementing such principle at an operational level.


Fiber Opportunity in India: Regulatory Framework and Right-of-Way Management

With increasing demand for high-speed internet, 5G roll-out and data center growth, deployment of a robust and reliable optic fiber cable (“OFC”) infrastructure has become essential to support India’s expanding digital ecosystem. Fueled by this market opportunity, companies are focusing on expanding their OFC networks and investors are exploring potential opportunities for fiber investments in India. Several telecom operators have already consolidated their fiber assets in a path towards monetization of such assets.
This note explores the legal framework and recent developments regarding Right-of-Way for OFC in India.


Carbon Border Adjustment Mechanism

Implementation of the EU’s Carbon Border Adjustment Mechanism and its Implications

The European Union’s Carbon Border Adjustment Mechanism (“CBAM”), applicable to imports from ‘third countries’ (i.e., non-EU countries), endeavors to impose a price on emissions in respect of the production and supply of carbon-intensive goods. By ensuring that a price is paid for such embedded emissions, the CBAM aims to make the carbon price of imports equivalent to that of domestic production, especially when third countries do not appropriately impose such price.
Although the CBAM has been mainly presented as a climate measure, it may also end up operating as a unilateral trade restriction designed to protect EU manufacturing. Several countries, including India, have labeled the CBAM as protectionist. While the global implications of the CBAM appear to be diverse, certain countries, including developing and newly industrialized nations, have claimed to be the worst hit, while developed countries are likely to have less carbon-intensive production processes.
The CBAM’s compliance requirements are expected to reduce the profits of Indian exporters in key sectors. Indian manufacturers from key trade-exposed industries (including those that are energy-intensive) are further poised to incur an increase in fuel costs, leading to a decrease in export earnings.
While India has discussed retaliatory measures, it is also pursuing the option of getting its Carbon Credit Trading Scheme, 2023 recognized by the EU and aligning it with the CBAM. Separately, the EU and India are engaged in talks on a proposed Free Trade Agreement, where India has raised concerns about the CBAM being similar to non-tariff barriers.
However, consistent with India’s own goals, the CBAM could also offer potential synergies, including in terms of green hydrogen partnerships and increased renewable energy deployment. Indian producers and exporters could view the CBAM as an opportunity to scale up sustainability-driven practices, including to enhance their positioning in a globally competitive market. Going forward, while carbon reporting and emissions monitoring will be essential, Indian companies should also consider investing in appropriate R&D, including with respect to emerging technologies.


spectrum allocation in India

Accessing Space for Commercial Activities and Satellite Spectrum Allocation in India

The Government of India has been actively working towards liberalizing the space sector and enhancing private sector participation. In this regard, given the stakes involved and the positions taken by various interested parties, the process for allocation of satellite spectrum remains a contentious point.
There has been a major debate among service providers regarding the appropriate way to allocate satellite spectrum.
While the Telecommunications Act, 2023 (“Telecom Act”) favors administrative allocation of satellite spectrum, the details of such process are yet to be finalized. This note considers the debate involving auctions and administrative allocation and provides an overview of past and recent developments with respect to Supreme Court judgements, digital communications policy, frequency allocation plan, space policy and the Telecom Act. It also discusses past consultation papers and recommendations of the Telecom Regulatory Authority of India on satellite spectrum allocation, as well as the recent provisional satellite spectrum allocation approved by the Department of Telecommunications.


sustainable finance

SEBI’s New Framework for Sustainable Finance: A Review Beyond Environmental Sustainability

In order to expand the asset class for which Indian entities can issue and list debt securities with a purpose of using the proceeds for developing sustainable projects, the Securities and Exchange Board of India recently amended the Securities and Exchange Board of India (Issue and Listing of Non-Convertible Recently Securities) Regulations of 2021 (“NCS Regulations”) on December 11, 2024. Previously, the framework under the NCS Regulation only covered issuances of green debt securities. The amendment has introduced the concept of ESG debt securities, which now includes a framework for issuances of social bonds, sustainability bonds, sustainability linked bonds and green debt securities under its ambit.
This note discusses the amendment in light of India’s commitment towards reducing its intended nationally determined contributions together with the implications for listed issuances of the ESG debt securities by Indian corporates to potential domestic and foreign investors as well as highlights the gaps in the current form of the NCS Regulations.


AI legal challenges

Addressing Legal Challenges on AI Development and Use

The recent lawsuit by Asian News International against OpenAI in the Delhi High Court mirrors global trends involving allegations that large language models (“LLMs”) are being trained on copyrighted material without authorization or licenses, leading to copyright infringement. For the purpose of balancing innovation with compliance, artificial intelligence (“AI”) developers in India must take proactive measures to navigate the complex interplay of copyright, data protection and liability issues. By securing licensing agreements, clarifying the scope of ‘fair use’ under copyright law, offering indemnities to users, and preparing for court-directed compliance actions, AI developers can mitigate risks and build legally compliant AI systems.


corporate restructuring

Jurisdiction of the National Company Law Tribunal in Corporate Restructurings: Protecting Tax Revenue as Public Interest

In India, the National Company Law Tribunal (“NCLT”) has, on several occasions, rejected or scrutinized schemes of corporate restructurings based on objections raised by the Income Tax Department (“ITD”). These objections often focus on whether the scheme is structured primarily to avoid taxes, taking advantage of set-off of losses or avoidance of tax liabilities by overvaluation of assets. This note discusses case law where the NCLT has taken into account tax matters and evaluated the impact of the General Anti Avoidance Rules (“GAAR”) as a matter of ‘public interest’, thus setting important precedents in Indian corporate jurisprudence.


branded residences

Branded Residences: An Overview of the Legal Framework in India

The rise of mixed-use development platforms has prompted hospitality brands to diversify their offerings, expanding into residential spaces such as resort villas and luxury apartments to cater to a broader audience. This note provides an overview of the concept of Branded Residences and explores how the Indian market is adapting and evolving with this trend. As the hospitality sector in India is still relatively new to Branded Residences, this note highlights key features, incentives, and regulatory considerations, serving as a guide for both the hospitality and real estate sectors to make informed decisions.


specialized investment fund

Regulatory Landscape for Specialized Investment Fund: A New Asset Class

The Securities and Exchange Board of India (“SEBI”) amended the SEBI (Mutual Funds) Regulations, 1996, to introduce a new asset class, the Specialized Investment Fund, effective December 16, 2024. The amendment aims to bridge the gap between Mutual Funds (“MFs”) and Portfolio Management Services (“PMS”) by offering a product suited for sophisticated investors with a risk-return profile between that of MFs and PMS.


new rights issue

SEBI Revitalizes the Indian Rights Issue Framework

A new rights issue framework proposed to be introduced by SEBI will allow timely access to capital and allow public shareholders to participate without significant dilution of their shareholding. Allowing promoters to renounce their rights entitlements in favor of select investors makes rights issues an attractive alternative to other methods of fund raising that may require shareholders’ approval. The SEBI proposal streamlines the rights issue process, significantly shortens timelines and rationalizes compliance requirements while introducing flexibility for companies to raise funds from select investors. This note provides an overview of the SEBI proposal for the new rights issue framework.