INSIGHTS

InFinance RegulationsFintech

PROTECTING THE “INTERMEDIARY”: CURRENT LAW TRENDS

The Government of India has issued a draft e-commerce policy titled Electronic Commerce in India:Draft National Policy Framework, 2018. This inter alia proposes to revisit and modify the exemption from liability granted to intermediaries under Section 79 of the Information Technology Act, 2000 (“I.T Act”). In this note, we highlight the current exemptions given to…
InCompetition LawE-CommerceFintech

DISCOUNTING PRACTICES IN E-COMMERCE IN INDIA: WALMART-FLIPKART CCI ORDER

This note analyses aspects of pricing control in the “marketplace” model of e-commerce. The “market-place” model is an important context for Indian foreign exchange control regulations because foreign direct investment is not allowed in the other model i.e. “inventory-based”. A market-place model of e-commerce is defined as: “providing of an information technology platform by an e-commerce…
InCyber CrimeData ProtectionE-CommerceFintechMedia & Copyright

PERSONAL DATA PROTECTION BILL, 2018: KEY COMPLIANCE POINTS

Apart from the requirement of obtaining consent and display of privacy notice, the following are certain key compliance required to be followed under the Personal Data Protection Bill, 2018 (“Bill”): – Security Safeguards: Both data fiduciary and data processor are required to implement “appropriate security safeguards”.There is no prescribed ‘appropriate’ security safeguard under the Bill….
InFinance Regulations

PRACTICE NOTE: THE CATEGORY II AIF

Alternative investment funds (“AIFs”) are regulated by the Securities and Exchange Board of India (“SEBI”) which is the regulator of the Indian securities market. In particular, the SEBI (Alternative Investment Funds) Regulations, 2012, (“AIF Regulations”) govern the formation as well as investment criteria of AIFs. In effect, any privately pooled vehicle established in India which…

Copyright © 2019 Verist Law.