The Department of Telecommunication (“DoT”), on 26th September 2022, notified the Prevention of tampering of the Mobile Device Equipment Identification Number (Amendment) Rules, 2022 requiring manufacturers and importers of mobile devices to mandatorily register the IMEI number of every mobile phone with the Indian Counterfeited Device Restriction portal of the DoT. Read More

SEBI, vide Circular dated 19th August 2022, has formally joined the Account Aggregator framework that was introduced by the Reserve Bank of India in the year 2016. Through the circular, SEBI has directed asset management companies and depositories to act as Financial Information Providers in the securities market and share financial information with the Financial Information Users through RBI’s registered Account Aggregators Read More

The Division Bench of the Delhi High Court in Lotus Pay Solutions Pvt. Ltd. & Anr. vs. Union of India & Ors. recently held that “payment aggregators” will fall within the definition of a “payment system” under Section 23A of the Payment and Settlement Systems Act, 2007. Read More

Advertising laws in India prohibit/regulate advertisement of goods, like cigarettes, alcohol, tobacco, and related products, that are injurious to health. For marketing these prohibited goods, advertisers use surrogate advertisements which, although generally prohibited in India, are allowed under limited conditions as ‘brand extensions’ under various laws which permit the use of the brand/logo of such prohibited products in advertisements of products that are not prohibited under law. While the recently released guidelines on misleading advertisement by the Central Consumer Protection Authority (“CCPA”) appear to be completely banning the use of, inter alia, brand, logo etc. of the prohibited goods and services in advertisements, the proviso to the guideline on surrogate advertisement potentially provides discretion to the CCPA to decide whether an advertisement would be objectionable under the guidelines. Read More

In view of the Supreme Court’s judgment in Siddharth v. The State of Uttar Pradesh dated 16th August 2021, the Central Board of Indirect Taxes and Customs recently issued guidelines regarding arrest and bail for the offences that are punishable under Section 132 of the Central Goods and Services Tax Act, 2017. Read More

: The Ministry of Corporate Affairs recently notified the Companies (Incorporation) Third Amendment Rules, 2022 (“Amendment Rules”) on 18th August 2022. Under the Amendment Rules, the newly inserted Rule 25B provides the procedure for physical verification of a registered office of a company by the Registrar of Companies. Read More

The RBI has issued a Discussion Paper on “Charges in Payment Systems” (“Discussion Paper”) on August 17, 2022, for public feedback. Earlier, in the “Statement on Developmental and Regulatory Policies” dated December 08, 2021, the RBI, among other things, had discussed the need to issue a discussion paper on the said subject. Read More

The Legal Metrology Division of the Department of Consumer Affairs has invited public consultation on the proposed introduction of a provision to the Legal Metrology (Packaged Commodities) Rules, 2011 for declaring two or more prime constituents of a commodity with the brand name/logo on the front side of the package of the commodity. The deadline for submitting comments and suggestions on the proposed amendment is 31st August 2022. Read More

In February 2020, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) had issued Draft Battery Waste Management Rules, 2020 for public consultation. Subsequently, on 24th August 2022, the MoEFCC notified the Battery Waste Management Rules, 2022 (“BWM Rules”). The BWM Rules supersede the Batteries (Management and Handling) Rules, 2001 that dealt with the management of lead acid batteries. Read More

The RBI, through its circular dated 28th July 2022, has reinforced its timeline of 1st October 2022 relating to the storage requirements pertaining to Actual Card Data/Card-on-File data (“CoF data”) mandating all entities in the card transaction/payment chain, other than the card issuers and/or card networks to stop storing CoF data and any such data stored previously shall be purged. The circular demarcates interim measures for a limited category of transactions, to other entities in the card transaction chain, for the purposes of easy transition to an alternate system. Read More

The Supreme Court on 27th July 2022, in the case of Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. SLP (CRL) 4634 of 2014 upheld the constitutional validity of specific provisions of the Prevention of Money Laundering Act, 2002 (“PMLA”) relating to powers of the Enforcement Directorate (“ED”) under Sections 5, 8(4), 15, 17, and 19 and the ‘twin-conditions’ for bail under Section 45 of the PMLA. Read More

The Reserve Bank of India (“RBI”), on 10th August 2022, released guidelines for digital lending (“Digital Lending Guidelines”) to provide a regulatory framework pertaining to lending activities conducted by FinTech and Digital Lending Applications (“DLA”). Read More

The Department of Consumer Affairs has set up a committee to develop a comprehensive framework on the Right to Repair in India. The committee held its first meeting on 13th July, 2022 and identified various sectors, including, Farming Equipment, Mobile Phones/Tablets, Consumer Durables, and Automobiles/Automobile Equipment, for constructing the R2R framework. Read More

The Telecom Regulatory Authority of India (“TRAI”) has issued a consultation paper (“CP”) on the “Rationalization of Entry Fee and Bank Guarantees” and has sought comments from stakeholders by 23rd August, 2022 and counter-comments by 6th September, 2022. Read More

The Ministry of Communications (“MoC”) has issued a consultation paper on the “Need for a new legal framework governing Telecommunication in India”. While issuing the consultation paper, the MoC noted that the “India needs a new law which is clear, precise, and attuned to the realities of the sector for realizing the potential of telecommunication.” The MoC has sought suggestions from the public regarding the consultation paper until 25th August 2022. Read More

The Department of Commerce, on 14th July 2022, notified the Special Economic Zones (Third Amendment) Rules, 2022 (“SEZ WFH Rules”), amending the Special Economic Zones Rules, 2006 (“SEZ Rules”) by inserting Rule 43A for “Work from Home”/“WFH” in Special Economic Zones (“SEZ”) with the intent to align the ‘Work from Home’ policies across all SEZs in India. Read More

After a 22-month consultation, the UK Government has decided not to ban loot boxes in video games and has asked the stakeholders in the gaming industry to self-regulate loot box purchases. Read More

On 14th July, 2022, the Department of Consumer Affairs notified, with immediate effect, the Legal Metrology (Packaged Commodities) (Second Amendment) Rules, 2022 (“Second Amendment Rules”). Read More

The Ministry of Health and Family Welfare (“MoHFW”) has issued the Draft “Drugs, Medical Devices and Cosmetics Bill, 2022” (“ DMDC Bill”) which specifically regulates medical devices apart from Drugs and Cosmetics. While issuing the draft DMDC Bill, the MoHFW noted that the “Drugs and Cosmetics Act, 1940 is a pre-independence legislation enacted by the Central Legislative Assembly. Review of obsolete laws and updating of the existing laws is a continuing process to accommodate changed requirements and adaptation of new technology.” Read More

In January 2022, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) had issued Draft Plastic Waste Management Rules, 2022 for public consultation which proposed amendments to the Plastic Waste Management Rules, 2016 (“PWM Rules, 2016”). Read More

The Central Consumer Protection Authority (“CCPA”) established under the Consumer Protection Act, 2019 has issued Guidelines to prevent unfair trade practices and protection of consumer interest with regard to levy of service charge in hotels and restaurants (“Guidelines”) on 4th July 2022. Read More

The Ministry of Environment, Forest and Climate Change (“MoEFCC”), on 1st July 2022, sought comments and suggestions on the proposed draft amendments to some of the provisions of the Environment (Protection) Act, 1986 (“EPA”), particularly those related to penalty and imprisonment. Read More

The National Commission for Protection of Child Rights (“NCPCR”) on 24th June 2022 has released the Draft Regulatory Guidelines for Child Participation in the Entertainment Industry or Any Commercial Entertainment Activity (“Draft Guidelines”), which is available on its website for 30 days for public comments. The Draft Guidelines have been developed with the aim of ensuring a healthy work environment with minimal physical and psychological stress for children. Read More

The Ministry of Environment, Forest and Climate Change (“MoEFCC”)had notified the Plastic Waste Management Amendment Rules, 2021 (“2021 Amendment Rules”) on 12 August 2021, prohibiting the manufacture, import, stocking, distribution, sale and use of specific and identified single use plastic (“SUP”), including polystyrene and expanded polystyrene. Read More

Union Minister of State for Commerce & Industry launched the Indian Business Portal (“IBP”), an international trade hub for Indian Exporters and Foreign Buyers designed by the Federation of Indian Export Organisations (“FIEO”) in partnership with GlobalLinker. The IBP is a B2B digital marketplace to empower SME exporters, artisans and farmers to identify new markets for their products and grow their sales globally. Read More

The Department of Telecommunications (“DoT”), on 13th June, 2022, issued a notification extending the deadline for testing and certification of telecom equipment under Phase III and Phase IV of Mandatory Testing and Certification of Telecom Equipment (“MTCTE”) as well as acceptance of reports issued by labs accredited to the International Laboratory Accreditation Cooperation (“ILAC”) by one year, i.e. till 1st July 2023. Earlier this year, the DoT had, vide an amendment notification, modified compliance requirements pertaining to Phase III and Phase IV of the MTCTE. Read More

In furtherance of the powers of the Central Consumer Protection Authority (“CCPA”) under Section 18 (2)(l) of the Consumer Protection Act, 2019 (“CPA 2019”), the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (“Advertisement Guidelines”) were notified on 9th June 2022 with an objective to “curb misleading advertisements and protect the consumers, who may be exploited or affected by such advertisements”. Read More

The Ministry of Electronics and Information Technology (“MeitY”), on 6th June, 2022, published proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”), which were notified on 25th February, 2021, for public consultation and stakeholder comments. Read More

The Ministry of Information and Broadcasting (“MIB”) on 9th May 2022, notified certain events as sporting events of national importance. Read More

The Company Law Committee presented its Report (“CLC Report”) to the Ministry of Corporate Affairs on 21st March 2022, making recommendations to the Government of India on, inter alia, changes aimed at facilitating and promoting greater ease of doing business in India and effective implementation of the Companies Act, 2013, the Limited Liability Partnership Act, 2008 (“LLP Act”) and the Rules made thereunder. Read More

The Department of Telecom (“DoT”) in consultation with Ministry of Electronics and Information Technology (“MeITy”), vide notification dated May 24, 2022, decided to exempt the following products (“exempted products”) from the ambit of Mandatory Testing and Certification of Telecommunication Equipment (“MTCTE”) regime Read More

The Ministry of Environment, Forest and Climate Change ("MoEFCC") published the Draft E-Waste (Management) Rules ("Draft Rules") for public consultation. The Draft Rules will be taken into consideration by the Central Government on/after 18th July, 2022, and if notified, shall supersede the E- Waste (Management) Rules, 2016 ("2016 Rules"). Read More

On 26th May 2022, the Ministry of Electronics and Information Technology ("MeitY") published the Draft National Data Governance Framework Policy ("NDGFP") for public consultation. The last date for submission of comments is 11th June 2022. The Preamble of the Draft NDGFP highlights the rapid growth of the economy and digitization of governance in India. It notes the value of data-driven governance during the COVID-19 era while recognising the accelerating rate of digitization and the volume and velocity of data generated in present times. The Draft NDGFP has been published with the aim to utilise this data to improve citizens' experience and engagement with the government. Read More

The Ministry of Information and Broadcasting (“MIB”), in exercise of its powers under Rule 16 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Digital Media Rules”), issued two orders on 22nd April 2022 for blocking of 16 YouTube based news channels and 1 Facebook account for spreading fake news on India’s foreign relations, national security, public order and communal harmony. The MIB had earlier issued similar orders for blocking websites, channels and social media accounts. Read More

The CERT-In has published Frequently Asked Questions (“FAQ’s”) in furtherance of its Cyber Security Directions dated 28th April 2022 (“CERT-In Directions”). The FAQ’s are a response to the general queries received by the CERT-In. Read More

The India-UAE Comprehensive Economic Partnership Agreement ("CEPA") has been entered into with the intent to pursue a wide-ranging economic partnership as opposed to a less expansive Free Trade Agreement ("FTA"). Read More

The Ministry of Consumer Affairs, Food and Public Distribution notified the Legal Metrology (Packaged Commodities) Amendment Rules, 2022 on 28th March 2022. Read More

A Public Interest Litigation (“PIL”) has been filed in the Delhi High Court in April 2022, challenging the constitutional validity of the Criminal Procedure (Identification) Act, 2022 (“the Act”).Read More

Dr. Jacob Puliyel ("Petitioner"), a former member of the National Technical Advisory Group on Immunization ("NTAGI") had filed a public interest litigation challenging the constitutional validity of vaccine mandates imposed by States, particularly Delhi, Tamil Nadu, Madhya Pradesh, and Maharashtra. Read More

In exercise of its powers under Sections 35A and Section 56 of the Banking Regulation Act, 1949 and Chapter IIIB of the Reserve Bank of India Act, 1934, the Reserve Bank of India (“RBI”) issued the Credit Card and Debit Card – Issuance and Conduct Directions, 2022 (“Directions”) on April 21, 2022. The Directions shall become effective from July 01, 2022. Read More

On 28th April 2022, the Indian Computer Emergency Response Team ("CERT-In") issued 'Directions under Section 70B (6) of the Information Technology Act, 2000 ("IT Act") enlarging reporting obligations of several categories of corporate organizations in relation to information security practices, procedure, prevention, response and reporting of cyber incidents for Safe & Trusted Internet' ("Directions"). Read More

The Ministry of Information and Broadcasting ("MIB") on 23 April 2022, issued an advisory to private TV news channels, for coverage of events and incidents in a manner violative of the Programme Code framed under the Cable Television Networks (Regulation) Act, 1995 ("the Act") and advised them to refrain from airing such content. Read More

In a significant development for the film industry, the Kerala High Court has ruled that each film production unit would have to constitute an Internal Complaints Committee (“ICC”), to deal with complaints of harassment against women. Read More

The Ministry of Information and Broadcasting ("MIB"), on 4th April 2022, launched the revamped Broadcast Seva Portal as a single point facility for various stakeholders of the broadcasting sector. Read More

The Ministry of Corporate Affairs has introduced a new form for Corporate Social Responsibility (“CSR”) reporting, i.e. the CSR-2 form. The new form, CSR-2, was notified by the Ministry of Corporate Affairs on 11th February, 2022 vide the Companies (Accounts) Amendment Rules, 2022. Read More

The Department of Pharmaceuticals has released Draft Uniform Code for Medical Device Marketing Practices 2022 (“Draft Code”). Read More

The Department of Consumer Affairs recently notified the Consumer Protection (Direct Selling) Rules, 2021 (“Direct Selling Rules”) on December 28, 2021, in accordance with Section 101 (2) (zg) read with Section 94 of the Consumer Protection Act, 2019 with the intent to regulate the Direct selling industry (engaged in activities involving multi-level marketing, pyramid schemes etc.) which was largely unregulated. A Direct Selling Entity (“DSE”) is a principal entity, which sells or offers to sell goods or services through direct sellers who undertake direct selling business on a principal-to-principal basis. Read More

The Ministry of Environment, Forest and Climate Change (“MoEFCC”) inserted Schedule II, Guidelines on Extended Producer Responsibility for Plastic Packaging (“EPR Guidelines”) as an Amendment to the Plastic Waste Management Rules, 2016 (“PWM Rules”). This is in furtherance to the responsibility of Producers, Importers and Brand Owners (“PIBO’s”) demarcated under Rule 9 (1) of the PWM Rules. Extended Producer Responsibility is a regulatory approach as per which PIBO’s are required to ensure responsible collection channelisation, treatment and/or disposal of plastic waste. Read More

In a significant step, the Government has clarified in Parliament that there is no proposal at present to bring in a separate law to ensure and authenticate all social media accounts or for linking a government identity with social media accounts of individuals. Read More

The Department of Telecommunications (“DoT”) has, vide an Amendment Notification dated 31 January 2022 (“Amendment Notification”), modified certain important compliance requirements pertaining to Phase III and Phase IV of the Mandatory Testing and Certification of Telecommunication Equipment (“MTCTE”) regime. These modifications amend certain requirements previously notified by the DoT on 22 September 2021. Read More

The Department of Consumer Affairs, Legal Metrology Division had invited stakeholder consultations on the proposal for decriminalization of the Legal Metrology Act, 2009 (“LM Act”) on 13 July, 2020. The LM Act is the primary instrument which establishes, enforces and regulates the standards of weights and measures in the country. Revisions have been suggested for penalties between Sections 25 and 53 of the LM Act governing the manufacture or sale of non standard weights, selling of non-standard packaging with incorrect mandatory declarations, etc. Read More

The Ministry of Electronics and Information Technology (“MeitY”), on 21st February 2022, released a Draft India Data Accessibility and Use Policy ("Draft Policy"), along with a Background Note on the same. The Draft Policy is aimed at transforming India’s ability to harness public sector data, in pursuit of the higher goal of social transformation. It envisages both government to public data sharing through the existing open data sharing portal as well as government to government data sharing. Read More

The amendments to the Legal Metrology (Packaged Commodities) Rules, 2011 (“LMPC Rules”), notified on 2nd November 2021 are set to take effect on 1sT April 2022. The LMPC Rules provide for, among other things, the mandatory declarations that should appear on labels of prepackaged commodities, where the declarations should appear and the manner in which they should appear. Read More

The massive growth in the cryptocurrency market in India has led to a steep rise of advertisements in cryptocurrency exchanges. With the aim to prevent misleading advertisements and present the end consumer Read More

The Department of Telecommunications (“DoT”) on 18th February 2022 released ‘Guidelines for registration process of ‘Machine to Machine' service providers & WPAN/WLAN Connectivity Provider for M2M Services' (“Guidelines”). Read More

The Advertising Standards Council of India (“ASCI”) on 27 May 2021 released the 'Guidelines for Influencer Advertising in Digital Media' (“Guidelines”). The objective of the Guidelines is to enable the consumers to differentiate between the content created by influencers in the general scheme of things to that from content created with a promotional/profit-making intent. Contextually, the Guidelines have been created to prevent the circulation of promotional posts and campaigns that may exploit the lack of knowledge of the consumer, mislead the consumer and abuse their trust. Read More

"Consumerism" as a concept is universal and has been in existence since the origin of trade and commerce in human civilisation. Every individual is or has the potential to be a "consumer" irrespective of age, social order, gender or region. Read More