Category: Information Technology

Information Technology, Posts

The Data Overlap: Competing For Jurisdiction

By: Vidushi and Dristant Gautam INTRODUCTION Data’s role in gaining a competitive advantage has become increasingly important in the digital age. While this relationship is clear in practice, its legal acceptance has evolved. Indian jurisprudence on data privacy in competition law has progressed from denial to recognition. In Vinod Kumar v. WhatsApp, the commission failed to acknowledge the connection between the Information Technology  Act, 2000 … Continue reading The Data Overlap: Competing For Jurisdiction

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Information Technology, Mergers & Acquisitions, Posts

Data Privacy in M&A: Navigating Compliance under India’s DPDP Act

By: Aishwarya S. Nair and Kushal Agarwal INTRODUCTION In 2019, Marriott International was fined £18.4 million under the General Data Protection Regulation (hereinafter ‘GDPR’) for data breaches linked to one of its acquisitions, Starwood Hotels. The FTC alleges that failure to comply with the GDPR regulations resulted in three breaches, out of which two were completely before the acquisition of Starwood by Marriott. Most importantly, the third … Continue reading Data Privacy in M&A: Navigating Compliance under India’s DPDP Act

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Information Technology, Securities

Addressing Market Rumors via the LODR Amendment: Necessity of the Hour or a Regulatory Flaw?

In this article, the authors discuss the recent amendments to India’s securities regulations, particularly focusing on the introduction of mandatory verification of market rumors by top-listed companies. They examine the objectives behind this amendment, which aim to enhance transparency, market stability, and fairness. The authors also present concerns about the practicality and potential unintended consequences of requiring companies to confirm, deny, or clarify every piece of information reported in mainstream media, especially regarding rumors. They compare this approach to the United States’ stance on addressing rumors in the securities market, highlighting the challenges and complexities associated with the new Indian regulation. Ultimately, the article raises questions about the feasibility and effectiveness of the amendment and calls for a shift in mindset to successfully implement these changes. Continue reading Addressing Market Rumors via the LODR Amendment: Necessity of the Hour or a Regulatory Flaw?

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Information Technology, Medical Law

Technological Implants and the Need for Sufficiency of Legislation

In this article the author, explores the implications of technological implants, particularly microchip implants, for both restorative and non-therapeutic purposes. The author identifies two main issues that arise with such implants: (a) affixing liability in case of product failure and (b) protecting the data acquired through these devices. The article discusses the need for specific legislation to address these challenges, while analyzing the Indian framework governing such spheres and suggesting calibrated reforms. It highlights the importance of balancing individual rights, privacy concerns, and economic considerations in implementing such technology. Additionally, the author emphasizes the significance of obtaining valid consent and the role of regulatory oversight in safeguarding sensitive medical data. Ultimately, the piece advocates for a comprehensive legal framework to regulate technological implants in India. Continue reading Technological Implants and the Need for Sufficiency of Legislation

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Call for Papers, Information Technology, Posts

Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 10]: Submit by 11th February, 2023(Extended)

The Journal Committee is pleased to announce the call for papers for The RMLNLU Journal on Communication, Media, Entertainment & Technology Law, Volume X. Continue reading Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 10]: Submit by 11th February, 2023(Extended)

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Constitutional Law, COVID-19, Human Rights, Information Technology

A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

In the second part of this series, the authors examine the necessity of various surveillance measures that have been introduced in recent times and look at various domestic and international legislations to propose a robust and right-based framework to safeguard employees’ privacy.
Continue reading A Watchful Eye at Work: Evolving Workplaces and Emerging Employee Privacy Concerns (Part-2)

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Criminal Law, Criminal Procedure and Evidence, Information Technology

Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

In the second part of this series, the authors highlight the existing legal recourse available in India against sexual harassment in virtual reality and then discuss the limitations of these remedies and laws in general. They then suggest measures and a way further for dealing with sexual harassment in virtual reality before providing their concluding thoughts. Continue reading Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

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Criminal Law, Information Technology

Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 1)

In the first part of this series, the authors analyse the criminal implications of ‘crimes’ committed in the Metaverse in light of recent reports of alleged sexual harassment experienced by users within the Metaverse. The authors draw a comparative analysis between real life experience of sexual harassment vis-a-vis harassment in VR. Further, they explore the lack of jurisprudence in this area and go on to suggest legal and technical solutions to tackle this new age crime. Continue reading Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 1)

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Competition Law, Information Technology

Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps

In this article, the author looks at the Proposed Amendments to the E-commerce Rules, 2020. The author argues that due to the ambiguous nature of the amended provisions and regulatory overlaps with the Competition Act, 2002, the amendments have the potential of harming both business and consumer interest. The author thus suggests that a clear definition of certain terms needs to be provided and the regulatory overlaps removed.
Continue reading Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps

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Information Technology, International Law

The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

In the second part of this series, the author makes an argument for elimination of subjectivity in terms of understanding of data and looks in to the necessity for introduction of standard elements and provides suggestions for the same. Following this the author undertakes a comparative analysis between four major corporations operational in the Netherlands to illustrate the differences in the content, placement, and presentation of the cookie settings on their websites and analyses how it results in greater subjectivity around data. The author concludes the series by providing suggestions and the way forward. Continue reading The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

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