Category: Data Protection/Privacy

Section 245 Derivative Suits: Independence, Good Faith, and the Governance Paper Trail That Wins Dismissals

Author: Nitin Jain Independence : Did Deciding Directors Have Conflicts That Compromised Judgment? Derivative petitions often target transactions where board composition raises independence questions. The practical standard for independence in these suits is more demanding than technical definitions: courts look at relationships, incentives, and context that could reasonably affect judgment. The defense is built not... Continue Reading →

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The Draft Amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Introduction Due to recent advancements in technology and artificial intelligence there have been numerous incidents of misuse of synthetically generated information like deepfakes, misinformation and other unlawful content. This has caused damages to numerous individuals, violating their privacy and harming various users. Generative artificial intelligence has the ability to create false information infringing on the... Continue Reading →

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Can Global Wallets Be Legally Interoperable Before They Become Technically Interoperable?

Last month, the CEO of PayPal made headlines with a bold statement: imagine a world where your Indian UPI wallet could seamlessly buy a product in Brazil or send money to a friend in France. The soundbite was powerful. The headlines called it "UPI goes global." But the real question is: Can global wallets be... Continue Reading →

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Data Localization Laws in India: Balancing Compliance with Global Business Operations

India's data localization landscape has significantly evolved over the past few years, with the government enforcing regulations that aim to secure personal data, maintain data sovereignty, and safeguard national security. However, these efforts have placed global businesses operating in India under increased compliance scrutiny, requiring them to adapt their data storage and processing methods. This... Continue Reading →

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Decoding Compliances with Reserve Bank of India’s IT Outsourcing Master Direction

Understanding the IT Outsourcing Master Direction The Reserve Bank of India’s (“RBI”) Master Direction on Outsourcing of Information Technology Services released on April 10, 2023 (“Master Direction”) sets out the regulatory framework for outsourcing of information technology services by RBI regulated banks and financial institutions. The guidelines prescribed by the Master Direction are structured on... Continue Reading →

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Rethinking Data Security in a Quantum Computing Era

The IT sector is on the cusp of a paradigm shift with the emergence of quantum computing. While its potential to revolutionize drug discovery, materials science, and financial modeling is undeniable, it presents a significant challenge to traditional data security practices. Quantum computers leverage the principles of superposition and entanglement to solve complex problems beyond... Continue Reading →

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