Publications
COVID-19 – Latest Legal Position in India on Reduction of Workforce, Wages and Benefits
On May 17, 2020, the Indian government has issued guidelines to be implemented during the extended lockdown period in India from 18 May until 31 May, replacing all the prior guidelines issued by the government for the lockdown period.
COVID-19 – Questions on Reduction of Workforce and Benefits in India
Indian businesses have been no exception to the pandemic induced economic crisis. While discussing about frustration of contracts, force majeure and data privacy issues, one of the key legal subjects discussed by many international and Indian companies currently is reduction of workforce and/or variation of terms of employment in India.
Sprinkler Controversy – Legal Aspects
Legal Aspects of Data Process Outsourcing – some comments in the context of the Sprinkler Controversy in Kerala
Cybersecurity – India – 2020
India does not currently have a comprehensive cyber security law. Cybersecurity, data breach notification and incident response are governed under the Information Technology Act, 2000 (ITA) and the ITA rules in India. The ITA defines “cyber security“ as “protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction“.
Data Protection & Privacy – India – 2020
The Constitution of India guarantees the right to privacy to all citizens as part of the right to life and personal liberty under Articles 19 and 21, and as part of the freedoms guaranteed by Part III of the Constitution. This was also upheld by the Supreme Court of India (SCI) in 2017 in its landmark judgment of Justice K S Puttaswamy (Retd) and Another v Union of India and Others (2017) 10 SCC 1 (privacy judgment).
Making Cert-in more certain
Indian media has been reporting security/data breach with WhatsApp, inter alia, impacting more than 100 Indians. The reports also indicate that WhatsApp did not adequately report the security breach to the government. This situation gives rise to various questions from legal perspective, such as…
Data Protection & Cyber Security – India [ANA Law Group] April 2019
India is set to enforce the PDP Bill. The government and organisations will rely on trends such as machine learning and artificial intelligence for cybersecurity solutions, anomaly detection and response, and on IoT infrastructure for automation and efficiency, specifically for the CII. Concepts such as blockchain to prevent data theft may also be in demand.
Employment Law and Practice – India 2019
ANA Law Group has a well-established labour and employment practice and one of the specialities is the experience in handling the employment law assignments for international companies in India and the ability to walk them through the practical aspects on Indian law compliances.
Employment Law and Practice in India 2018
ANA Law Group has a well-established labour and employment practice and one of the specialities is the experience in handling the employment law assignments for international companies in India and the ability to walk them through the practical aspects on Indian law compliances.
India to adopt a new data protection regime
The Supreme Court of India’s recent landmark judgment has declared the right to data privacy as a fundamental right under the Indian Constitution. This judgment has also directed the Central (Federal) Government to create an exclusive stringent data protection regime, as the existing law is unable to keep up with the increasing digitization…
A snapshot of the employment law and practice in India
India’s employment infrastructure has been subjected to continuous changes during the past three decades. The globalization brought several global employers into India and the shift from manufacturing to a variety of service industries has raised new challenges
Foreign online service providers and India’s goods and services tax (GST) law
The present business world mostly operates on the internet. The supply of online services such as music, movies, books, games, data storage/exchange, etc., is booming all over the world. Although such services can be provided from anywhere in the world, they may result in cross border transactions attracting tax liabilities in India.
Alternatives for brand protection in India
Counterfeiting has been a serious issue globally since many years, and it affects many businesses including some of the world’s most well-known brands. There are many instances where certain brands and companies end up with no practical solution to fight against the huge volume of counterfeits and infringements, and eventually end up losing their brand.
Who owns the intellectual property developed in India
India has been a favourite destination for global companies for information technology activities, research and development, resulting in a variety of intellectual property (“IP”) development. To ensure effective ownership of IP developed in India, it is imperative that the companies understand the legal and practical aspects.
Well-known Designation in India
India has introduced a new set of rules for trade mark prosecution under the Trade Marks Rules, 2017 (the “New Rules“), effective 6 March 2017.
NEW RULE TO OFFICIALLY DECLARE TRADE MARKS AS WELL-KNOWN IN INDIA
India has introduced a new set of rules for trade mark prosecution under the Trade Marks Rules, 2017 (the “New Rules“), effective 6 March 2017. One of the major changes introduced by the New Rules is an option for official declaration of trademarks’ well – known status.
India Telecoms and Media Law update 2016
Earlier this year, TRAI issued the Prohibition of Discriminatory Tariffs for Data Services Regulations 2016. This effectively prohibits internet service providers from offering data plans to subscribers on the basis of the content accessed by the subscribers. This regulation came in the wake of intense debates on the issue of net neutrality and differential pricing for internet data packs.
India Telecoms and Media Law update 2015
The current Indian government has proposed to take strong initiatives for a digital India. For instance, the Department of Telecom (DoT) proposes to launch highly advanced products to enable internet accessibility in the remotest part of India, such as solar-powered Wi-Fi set-up, a long-distance Wi-Fi system
Right of Publicity under Indian Law
Is the right of publicity recognised?
Yes, the right of publicity is recognised in India, but not as a distinct legal right. While there is no specific statute relating to right of publicity, the Indian courts have recognised the right of publicity as a form of enforceable right through case law.
A brief overview of Data Security Law in India 2016
India has an omnibus privacy law that is similar in many respects to the existing EU data protection law. The obligations under the Indian data privacy regime that require the companies to provide privacy policies, restrict the processing of sensitive personal data, restrict international data transfers and require additional security measures
Indian Language Labelling requirements on packaged goods
Indian packaging and labelling laws have been revamped to keep up with the constantly changing Indian market and global trade. The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (the “Packaging Rules“) have replaced the Standards of Weights and Measures Act.
Transfer of Foreign Owner’s Trademarks not Taxable in India
The Delhi High Court (HC) has held that the transfer of trademarks registered and used in India by the overseas owner is not taxable in India. The HC has passed this order in a writ petition filed by CUB Pty Ltd (formerly, Foster’s Australia Ltd) in 2008,