Trade & Regulatory Compliance Updates
Trade & Regulatory Compliance Updates
On 21st November 2024, the Delhi High Court issued an order directing the Central Government to nominate members to the committee constituted by the Government to address issues pertaining to deepfakes. To provide context, the Delhi High Court has been hearing two petitions namely Chaitanya Rohilla v. Union of India [W.P.(C) 15596/2023] and Rajat Sharma […] Read More
Trade & Regulatory Compliance Updates
Introduction On 6th September 2024, the Department of Pharmaceuticals (“DoP”) issued the Uniform Code for Marketing Practices in Medical Devices, 2024 (“Code”). This Code mandates all Medical Device Associations (“MDAs”) to disseminate its provisions to their respective members, ensuring strict adherence. Furthermore, the DoP directed MDAs to establish Ethics Committees for Marketing Practices in Medical […] Read More
Trade & Regulatory Compliance Updates
In a landmark judgement, the Bombay High Court, on 26th September 2024, struck down the amendment to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules (“IT Rules 2021”) and declared it as unconstitutional. The amendment to Rule 3(1)(b)(v) was notified on 6th April 2023 as per which an intermediary […] Read More
Trade & Regulatory Compliance Updates
While the Telecommunications Act, 2023 (“Telecom Act”) has been notified on 24th December 2024, it will come into force in a phased manner. The Ministry of Communications, vide gazette notifications dated 26th June 2024 and 4th July 2024, has brought into effect certain sections of the Telecom Act. Many provisions of the Telecom Act will […] Read More
Trade & Regulatory Compliance Updates
On 9th August 2024, a Single Judge Bench of the Delhi High Court, while dealing with a revision petition, passed a judgment in the case of Sundari Gautam v. State of NCT of Delhi, and held that an offence of penetrative sexual assault and aggravated penetrative sexual assault under the Protection of Children from Sexual […] Read More
Trade & Regulatory Compliance Updates
On 3rd July 2024, the Ministry of Information & Broadcasting (“MIB”) issued its third advisory on the mandate of the Supreme Court on Self-Declaration of Advertisements (“New Advisory”). The New Advisory supersedes MIB’s previous advisories on Self-Declaration Certificates (“SDC”) for advertisements which were issued on 3rd June 2024 and 5th June 2024. As reported in […] Read More
Trade & Regulatory Compliance Updates
On 3rd June 2024, the Ministry of Finance issued an Office Memorandum (“OM”) providing extensive guidelines for arbitration and mediation in contracts of domestic public procurement (“DPP Contracts Guidelines”). As per the OM, these guidelines have been issued considering the enactment of the Mediation Act, 2023 (“Mediation Act”) and the government’s experience with arbitration and […] Read More
Trade & Regulatory Compliance Updates
The Ministry of Heavy Industries notified a scheme to promote the manufacturing of electric passenger cars on 15th March 2024 (“EPV Scheme”). The EPV Scheme inter alia provides a concessional import tariff rate of 15% for global EV manufacturers that is contingent upon them setting up Electric Passenger Vehicle (“EPV”) manufacturing facilities in India with […] Read More
Trade & Regulatory Compliance Updates
On 15th March 2024, the Ministry of Information & Broadcasting notified the Cinematograph (Certification) Rules, 2024 (“2024 Cinematograph Rules”) under the Cinematograph Act, 1952 (“Cinematograph Act”). The 2024 Cinematograph Rules supersede the Cinematograph (Certification) Rules, 1983 (“1983 Rules”) and have been introduced after the passing and notification of the Cinematograph (Amendment) Act, 2023 which seeks to […] Read More
Trade & Regulatory Compliance Updates
The Department of Telecommunications (“DoT”) on 21st March 2024 amended the existing KYC instructions for Machine to Machine (“M2M”) connections to relax the restrictive features for M2M connections (“M2M KYC Amendment”). By way of background, the guidelines for the registration of M2M service providers & WPAN/WLAN connectivity providers for M2M Services dated 8th February 2022 […] Read More
Trade & Regulatory Compliance Updates
The Hon’ble Supreme Court, in the case of Indian Medical Association & Anr. v. Union of India [WP(C) No. 645/2022] pertaining to the misleading advertisements of Patanjali, issued a directive in its order dated 7th May 2024, mandating submission of a self-declaration by an advertiser/advertising agency before the printing/airing/display of any advertisement. The order was passed […] Read More
Trade & Regulatory Compliance Updates
On 18th January 2024, the Advertising Standards Council of India (“ASCI”) issued the Guidelines for Advertisements Making Environmental/Green Claims (“Green Claims Guidelines”) which are effective from 15th February 2024. As per the preamble, the Green Claims Guidelines have been issued to do the following: Demonstrate the manner in which advertisers can make true, clear, evidence-based environment claims; Assist consumers in […] Read More
Trade & Regulatory Compliance Updates
On 14th March 2024, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) notified the Plastic Waste Management (Amendment) Rules, 2024 (“PWM Amendment Rules”) which amend the Plastic Waste Management Rules, 2016 (“PWM Rules“). The PWM Amendment Rules amend and introduce provisions for regulation of, inter alia, compostable and biodegradable plastics, and the manufacture and sale of plastic raw material. Salient features of the PWM […] Read More
Trade & Regulatory Compliance Updates
On 1st January 2024, the Directorate General of Foreign Trade (“DGFT”) under the Ministry of Commerce and Industry issued a notification (“Notification 56/2023”), amending Paragraph 2.31 (under Chapter 2) of the Foreign Trade Policy 2023 (“FTP 2023”), which deals with import policy for second-hand goods. Notification 56/2023 inserts Paragraph 2.31 [I (e)] to provide relaxations […] Read More
Trade & Regulatory Compliance Updates
The Department of Telecommunications (“DoT”) on 01st January 2024 issued an addendum to the guidelines dated 8th February 2022 for registration process of ‘Machine to Machine’ service providers & WPAN/WLAN connectivity providers for M2M Services (“M2M Guidelines”). The addendum extends the registration requirement under the M2M Guidelines to include all entities (including Government departments, institutions, […] Read More
Trade & Regulatory Compliance Updates
On 24th December 2023, the Telecommunications Bill, 2023 received the President of India’s assent after passage in both houses of the parliament and became a law i.e., The Telecommunications Act, 2023 (“Telecom Act”). The Telecom Act has now become the prevailing law for the development, expansion, and operation of telecommunication services and telecommunication networks, assignment […] Read More
Trade & Regulatory Compliance Updates
On 14th December 2023, the Advertising Standards Council of India (“ASCI”) updated the Guidelines for Qualification of Brand Extension – Product or Service (“Brand Extension Guidelines”) for the restricted category of products or services that are prohibited from advertising by law. These amendments have been introduced to target the brand extensions of restricted categories of products and […] Read More
Trade & Regulatory Compliance Updates
On 16th November 2023, the Advertising Standards Council of India (“ASCI”) released the Draft Guidelines on Environmental/Green Claims (“Draft Green Claims Guidelines”) inviting public feedback. ASCI, in its press release, outlined that the primary objective of these guidelines is to eradicate greenwashing practices and to ensure that advertisers present truthful and evidence-based environmental claims. As per the Draft Green Claims Guidelines, the […] Read More
Trade & Regulatory Compliance Updates
On 30th November 2023, the Department of Consumer Affairs (“DCA”), notified the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Dark Pattern Guidelines”). Earlier, in September 2023, the DCA along with the Advertising Standards Council of India (“ASCI”) had published the Draft Guidelines for Prevention and Regulation of Dark Patterns (“Draft Guidelines”), for public consultation. The Dark […] Read More
Trade & Regulatory Compliance Updates
On 12th October 2023, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) notified the Green Credit Rules, 2023, to promote market-based incentives for environmental actions. The Green Credit Programme aims to incentivize private sector entities, industries, and other stakeholders to undertake activities that have a positive impact on the environment, such as tree plantation, […] Read More
Trade & Regulatory Compliance Updates
Introduction On 30th October 2023, the Ministry of Environment, Forest and Climate Change notified the Plastic Waste Management (Second Amendment) Rules, 2023 (“PWM Amendment Rules”) to further amend the Plastic Waste Management Rules, 2016 (“PWM Rules“) which eases several compliance obligations for relevant stakeholders. The PWM Amendment Rules amends inter alia the marking and labelling […] Read More
Trade & Regulatory Compliance Updates
On 7th November 2023, the Telecom Regulatory Authority of India issued a press release (“Press Release”) requesting Principal Entities (“PEs”) such as banks, other financial institutions, insurance companies, trading companies, business entities, real estate companies etc. to onboard the Digital Consent Acquisition (“DCA”) facility as per the timelines outlined in the direction issued by the TRAI […] Read More
Trade & Regulatory Compliance Updates
On 7th September 2023, the Department of Consumer Affairs (“DCA”), along with the Advertising Standards Council of India (“ASCI”), published the Draft Guidelines for Prevention and Regulation of Dark Patterns (“Draft Dark Patterns Guidelines”), for public consultation. The Draft Dark Patterns Guidelines seek to prohibit persons and platforms from engaging in dark patterns. By way of brief background, […] Read More
Trade & Regulatory Compliance Updates
On 10th August 2023, the Department of Consumer Affairs (“DCA”), under the Ministry of Consumer Affairs, Food and Public Distribution released Additional Influencers Guidelines for Health and Wellness Celebrities, Influencers, and Virtual Influencers (“Guidelines”). The Guidelines deal with misleading advertisements, unsubstantiated claims and ensure transparency in health and wellness endorsements and apply to medical practitioners […] Read More
Trade & Regulatory Compliance Updates
On 25th August 2023, the Ministry of Information & Broadcasting (“MIB”) issued an advisory to registered newspapers, private television channels, publishers of news and current affairs content on digital media, online advertisement intermediaries, and social media platforms asking them to refrain from publishing, broadcasting advertisements of online betting platforms and/or any such product/service depicting these […] Read More
Trade & Regulatory Compliance Updates
On 3rd August 2023, the Directorate General of Foreign Trade (“DGFT”) under the Ministry of Commerce and Industry issued a notification (“Notification 23/2023”) amending the Import Policy, restricting the import of laptops, tablets, All-in-one personal computers, and ultra-small form factor computers and servers falling under HSN 8471 of Chapter 84 of Schedule-I of the Import Policy. Read More
Trade & Regulatory Compliance Updates
On 11th August 2023, the Draft Digital Personal Data Protection Bill, 2023 received President of India’s assent, after passage in both the Houses of the Parliament, and became a law i.e. the Digital Personal Data Protection Act, 2023 (“DPDP Act”). The DPDP Act provides a framework for processing of digital personal data in a manner that recognises the right of individuals to protect their personal data and the need to process personal data for lawful purposes. The DPDP Act will be implemented in phases through separate notifications. Read More
Trade & Regulatory Compliance Updates
In May 2023, the National Commission for Protection of Child Rights ("NCPCR”) issued Guidelines for Child and Adolescent Participation in the Entertainment Industry ("Guidelines”). The Guidelines supersede its previous iteration of 2011 and have been revised to ensure the welfare of children who are working in the entertainment industry and have taken into consideration the nature of issues that were brought before the NCPCR as well as the growing use of social media platforms and OTT platforms for creating entertainment content. Read More
Trade & Regulatory Compliance Updates
On 27th June, The Ministry of Environment, Forest and Climate Change (“MoEFCC”) issued a notification pertaining to the Draft Green Credit Programme Implementation Rules, 2023 (“Green Credit Rules”) for public consultation. The Green Credit Programme aims to leverage a competitive market-based approach for Green Credits thereby incentivising voluntary environmental actions of various stakeholders such as private sector industries and companies as well as other entities. The Green Programme will enable such entities to meet their existing obligations, stemming from other legal frameworks, by taking actions which are able to converge with activities relevant for generating or buying Green Credits. The MoEFCC, vide notification dated 18th July 2023, has declared 31st July 2023 as the last date for seeking suggestions or comments regarding the Green Credit Rules. Read More
Trade & Regulatory Compliance Updates
On 13th June 2023, TRAI issued a direction requiring all Access Providers to deploy Artificial Intelligence and Machine Learning based UCC Detect System to detect, identify and act against senders of Commercial Communication who are not registered in accordance with the provisions of Telecom Commercial Communication Customer Preference Regulations, 2018. Read More
Trade & Regulatory Compliance Updates
On 31st May 2023, the Ministry of Health and Family Welfare notified the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023 (“COTPA 2023”). COTPA 2023 requires publishers of online curated content to display anti-tobacco health spots, warning messages, and audio-visual disclaimers while displaying any tobacco products or their use. These rules will come into force by 31st August 2023. Read More
Trade & Regulatory Compliance Updates
On 2nd June, 2023, TRAI issued a Direction under the Telecom Commercial Communication Customer Preference Regulations, 2018 to all the Access Providers to develop and deploy a Digital Consent Acquisition (“DCA”) facility. A DCA facility is a unified platform and process to register customers' consent digitally across all service providers and Principal Entities to curb spams through Unsolicited Commercial Communication. A period of two months has been allocated for the development of the DCA facility and will be implementing the same in a phased manner. Read More
Trade & Regulatory Compliance Updates
In March 2023, the Indian Council of Medical Research (“ICMR”) released the Ethical Guidelines for Application of Artificial Intelligence in Biomedical Research and Healthcare. These guidelines have been issued to provide a framework for ethical conduct and to address ethical challenges pertaining to artificial intelligence (“AI”) in the field of biomedical research and healthcare. As per the ICMR, the guidelines are a “living document and will be updated as ethics in AI evolve”. Read More
Trade & Regulatory Compliance Updates
The Ministry of Commerce and Industry (“Ministry”) notified the Foreign Trade Policy 2023 (“FTP 2023”) on 31st March 2023 which came into effect on 1st April 2023. FTP 2023 seeks to inter alia promote ease of doing business for exporters and improve the business environment in the country. Unlike its predecessors, the FTP 2023 is a dynamic policy with a long-term focus that will be revised as and when required. The 2023 policy is based on four pillars: (i) Incentive to Remission, (ii) Export Promotion through Collaboration – Exporters, States, Districts, and Indian Missions, (iii) Ease of Doing Business, reduction in transaction cost, and e-initiatives, (iv) Emerging Areas – E-commerce Developing Districts as Export Hubs. Read More
Trade & Regulatory Compliance Updates
On 8th December 2021, the Telecom Regulatory Authority of India (“TRAI”) had suo-moto issued a consultation paper to undertake a holistic review of all licenses, approvals, authorisations, etc. in the Telecom and Broadcasting sectors. Previously, TRAI had undertaken consultations only with respect to the Department of Telecommunications (“DoT”) and the Ministry of Information (“MIB”) from an ease of doing business perspective. However, the current exercise undertaken by TRAI spans multiple ministries/ departments wherein the “application process, compliance process, information submission and payment process through the life-cycle of licenses have been studied”. Based on the inputs and comments received from various stakeholders, the TRAI has released its recommendations on “Ease of Doing Business in Telecom and Broadcasting Sector” on 2nd May 2023. Read More
Trade & Regulatory Compliance Updates
On 26th April 2023, the Union Cabinet approved the National Medical Device Policy 2023 (“Policy”). The Policy aims to ensure access to patent-centric, innovative and affordable healthcare products of excellent quality for better healthcare outcomes and is also aimed at achieving a 10-12% share in the expanding global market over the next 25 years. Read More
Trade & Regulatory Compliance Updates
Snippet: On 6th April 2023, the MeitY notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 to regulate online gaming and the implementation of a fact checking unit by the Government. The Notified Rules introduce definitions of online games, online real money game (“online RMG”), permissible online real money game, online gaming intermediary (“OGI”), etc. The Notified Rules further specify additional obligations to be adhered to by OGIs and seek to designate as Self-Regulatory Bodies for verifying permissible online RMGs. Read More
Trade & Regulatory Compliance Updates
On 10th April 2023, the Reserve Bank of India ("RBI”) issued the Master Directions on Outsourcing of Information Technology Services. These directions have been released in furtherance of the relevant proposal made in the Statement on Development and Regulatory Policies dated 10th February 2022 as well as the consultative process undertaken by the RBI in June 2022 in this regard. As per RBI’s notification, the underlying principle for issuing these directions is to ensure that the ability of Regulated Entities to fulfil their obligations is not diminished and that the outsourcing arrangement(s) do not impede effective supervision by the RBI. These directions will come into effect from 1st October, 2023. Read More
Trade & Regulatory Compliance Updates
On 10th April, 2023 the Department of Telecommunications notified the Indian Wireless Telegraphy (Cell Broadcasting Service for Disaster Alerts) Rules, 2023 introducing mandatory “cell broadcast” of messages on smartphones and feature phones for providing alerts during disasters/emergencies. Read More
Trade & Regulatory Compliance Updates
The State of Uttar Pradesh (“UP”) recently notified the Electric Vehicle Manufacturing & Mobility Policy 2022 (“EV Policy”). The EV Policy is notified with the aim of promoting the adoption of EVs and clean mobility solutions in the state of UP. Further, the EV Policy seeks to make UP a preferred investment jurisdiction at a global level for the development of the electronic vehicle ecosystem. It has identified the creation of charging infrastructure, faster EV adoption, and the manufacture of EV/batteries as the three pillars for promoting the EV industry in the state of UP. The notification of the EV Policy repeals the Electric Vehicle Manufacturing and Mobility Policy that was released in August 2019. Read More
Trade & Regulatory Compliance Updates
On 10th March 2023, the Union Minister of State for Skill Development and Entrepreneurship and Electronics and Information Technology held public consultations with stakeholders on the architecture and framework of the proposed “Digital India Act 2023” (“DIA”), which is expected to replace the Information Technology Act, 2000 (“IT Act”). The Hon’ble Minister gave a presentation outlining the principles of the proposed DIA to the concerned stakeholders and subsequently published the same on the website of Ministry of Electronics and Information Technology (“MeitY”). Broadly, the proposed DIA is likely to adopt a ‘principles & rule-based approach’ and less prescriptive to rapidly create, modify, and enforce regulations. A principle-based regime, under the proposed DIA would provide a legislative framework to be governed by certain principles and effective measures would be prescribed for securing compliance with the ever-evolving rule of law. Read More
Trade & Regulatory Compliance Updates
On 9th November 2022, the Ministry of Information & Broadcasting (“MIB”) issued the “Guidelines for Uplinking and Downlinking of Television Channels in India, 2022” (“Guidelines”). The Guidelines stated that private broadcasters may undertake public service broadcasting for 30 minutes every day. Accordingly, on 30th January 2023 the MIB has issued an “Advisory” outlining the manner in which private broadcasters may undertake the public service broadcasting through voluntary compliance and self-certification. The advisory further states that private satellite TV Channels are advised to report public service broadcasting in the manner prescribed with effect from 1st March 2023. Read More
Trade & Regulatory Compliance Updates
On 30th January 2023, the Telecom Regulatory Authority of India (“TRAI”) released a Consultation Paper on Regulating Converged Digital Technologies and Services – Enabling Convergence of Carriage of Broadcasting and Telecommunication Services (“CP”) inviting public consultation on the same. The last date for the submission of comments is 27th March 2023 and the counter comments is 10th April 2023. The CP inter alia discusses concerns pertaining to the convergence of the telecommunication and broadcasting sector due to technological advancements. It specifically highlights that the difference in policy structure and regulatory framework for the regulation of telecommunication and broadcasting sectors causes governance challenges, such as the requirement to obtain multiple licenses for the same technology, regulatory ambiguity with respect to the outcomes of converged technologies, and demarcated administration of the converged digital services. In light of the same, it suggests the introduction of a single code to govern these technologies since the convergence of telecommunication and broadcasting services at the statutory and administrative levels will help in the implementation of ease of doing business. Read More
Trade & Regulatory Compliance Updates
On 7th March 2023, the Department of Revenue in the Ministry of Finance issued a notification bringing certain activities related to virtual digital assets (“VDA”) within the ambit of the Prevention of Money Laundering Act, 2002 (“PMLA”). As per the notification, activities including, inter alia, exchange between VDAs and fiat currencies, exchange between different forms of VDAs, transfer and safekeeping of VDAs, when carried out in the course of business, for or on behalf of another person, would be subject to the provisions of the PMLA. Read More
Trade & Regulatory Compliance Updates
On 9th January 2023, the Ministry of Information and Broadcasting ("MIB”) issued an advisory to private satellite television channels cautioning them against broadcasting distressing images and disturbing footage in a manner that violates the Programme Code enshrined under the Cable Television Networks (Regulation) Act, 1995. MIB noted that showing such images and footage without taking appropriate precautions, such as blurring the images or showing them in a long shot, compromises “good taste and decency” which goes against the spirit of the Programme Code. Read More
Trade & Regulatory Compliance Updates
On 27th January 2023, the Centre notified three Grievance Appellate Committees (“GAC”) under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Centre appointed three members each to the three GACs so notified. The Press Release that accompanied the notification reiterates that the operations of the GAC will be completely online including the filing of appeals and the decisions pertaining to such appeals will also be digitally delivered. The press release also provides the link to the website where such appeals are required to be filed. The website is scheduled to be operationalized from 1st March 2023. Read More
Trade & Regulatory Compliance Updates
The Ministry of Electronics and Information Technology will hold a public consultation on an amendment proposed to rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 with respect to due diligence obligations of social media and other intermediaries, regarding fact checking misinformation by Government to prevent sharing false, untrue or misleading information. Read More
Trade & Regulatory Compliance Updates
The Ministry of Electronics and Information Technology ("MeitY”) has proposed amendments in relation to ‘online games’ and ‘online gaming intermediaries’ to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules”). The proposed amendments follow the amendment to the Government of India (Allocation of Business Rules), 1961, notified on 23rd December 2022, that brought “matters relating to online gaming” within the jurisdiction of the MeitY. Read More
Trade & Regulatory Compliance Updates
On 9th January, 2023, the Bureau of Indian Standards established and notified the Indian Standard i.e. “IS/IEC 62680-1-3:2022 Universal Serial Bus Interfaces for Data and Power Part 1 Common Components Section 3 USB Type-C Cable and Connector Specification” for USB Type C receptacles, plugs and cables. The Standard has been established to assist with the Government’s mission to reduce e-waste and move towards sustainable development as it would provide common charging solutions for smartphones and other electronic devices, in turn, reducing the number of chargers per consumer. Read More
Trade & Regulatory Compliance Updates
On 3rd January 2023, the Ministry of Communication notified the Indian Telegraph (Infrastructure Safety) Rules, 2022 (“Rules”). The Rules require any persons excavating land in pursuance of their legal right to provide telecom licensees a notice prior to such excavation. This is to ensure that such excavation does not damage any component of the telegraph infrastructure that falls under, over, or along the property that the person seeks to excavate. The Rules seek to prevent the losses incurred due to the damage caused to telecom infrastructure as a result of digging or excavation activities. Read More
Trade & Regulatory Compliance Updates
On 3rd January 2023, the Ministry of Communication notified the Indian Telegraph (Infrastructure Safety) Rules, 2022 (“Rules”). The Rules require any persons excavating land in pursuance of their legal right to provide telecom licensees a notice prior to such excavation. This is to ensure that such excavation does not damage any component of the telegraph infrastructure that falls under, over, or along the property that the person seeks to excavate. The Rules seek to prevent the losses incurred due to the damage caused to telecom infrastructure as a result of digging or excavation activities. Read More
Trade & Regulatory Compliance Updates
On 22nd December 2022, the Hon’ble Minister for Industry and Commerce introduced the Jan Vishwas (Amendment of Provisions) Bill, 2022 (“Bill”) which seeks to decriminalise minor offences and rationalise monetary penalties by amending 183 provisions across 42 acts. The Bill has been referred to a Joint Parliamentary Committee which is expected to submit its report in the upcoming budget session of the Parliament. Read More
Trade & Regulatory Compliance Updates
The Telecom Regulatory Authority of India (“TRAI”) released Recommendations on Regulatory Framework for Promoting Data Economy Through the Establishment of Data Centres, Content Delivery Networks, and Interconnected Exchanges in India (“Recommendations”) that seek to create a framework for the same. Among other things, TRAI recommends incentive schemes, the establishment of a National Single Window System, and the creation of a statutory body called the Data Digitization and Monetization Council. Read More
Trade & Regulatory Compliance Updates
The Central Pollution Control Board issues a General Framework for Imposing Environmental Damage Compensation. Read More
Trade & Regulatory Compliance Updates
On 21st November 2022, the Department of Consumer Affairs launched a standard developed by the Bureau of Indian Standards ("BIS”), namely Indian Standard (IS) 19000:2022 ‘Online Consumer Reviews — Principles and Requirements for their Collection, Moderation and Publication’ (“Standard”), to provide a framework for safeguarding and protecting consumer interest from fake and deceptive reviews on e-commerce platforms. Read More
Trade & Regulatory Compliance Updates
After the launch of the pilot program of the Central Bank Digital Currency ("CBDC”) in the wholesale segment, the Reserve Bank of India (“RBI”), vide a press release issued on 29th November 2022, launched the first pilot program of the CBDC in the retail segment ("CBDC-R”) on 1st December 2022. The CBDC-R has been launched in four cities, for participating customers and merchants in a closed user group, in the form of a digital token that represents legal tender with features of physical cash like “trust, safety and settlement finality”. Read More
Trade & Regulatory Compliance Updates
On 28th October 2022, the Ministry of Information and Technology notified the Information Technology (Intermediary Guidelines and Digital Media and Ethics Code) Amendment Rules, (“Amended Rules”). The notification of the Amended Rules was preceded by circulation of draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code), 2021 (“IT Rules”) which was released for public consultation on 6th June 2022. Read More
Trade & Regulatory Compliance Updates
On 2nd November 2022, the Ministry of Environment, Forest and Climate Change (“MoEFCC”) notified the E-Waste (Management) Rules, 2022 (“New Rules”) in furtherance of the Draft E-Waste (Management) Rules published in May 2022 for public consultation. Read More
Trade & Regulatory Compliance Updates
The Union Cabinet approved the "Guidelines for Uplinking and Downlinking of Television Channels in India, 2022" (“Guidelines”) on 9th November 2022. The Guidelines have been issued with the intent to liberalise, consolidate and simplify the erstwhile 2011 and 2005 Guidelines on the subject, and inter alia deals with permissions to entities for Uplinking and Downlinking of Television (“TV”) Channels, setting up of Teleports, Teleport Hubs, use of Digital Satellite News Gathering (“DSNG”)/ Satellite News Gathering (“SNG”) Electronic News Gathering (“ENG”) systems, uplinking by Indian News agencies and temporary uplinking of a live event. Read More
Trade & Regulatory Compliance Updates
On 1st November 2022, the Reserve Bank of India (“RBI”) commenced its pilot program on Digital Rupee in the wholesale segment. The use case for this pilot programme is “settlement of secondary market transactions in government securities”. As per RBI’s Press Release, “settlement in central bank money would reduce transaction costs by pre-empting the need for settlement guarantee infrastructure or for collateral to mitigate settlement risk”, making the inter-bank market more efficient. Read More
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
The Ministry of Information and Broadcasting (“MIB”) on 9th May 2022, notified certain events as sporting events of national importance. Read More
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
The Ministry of Consumer Affairs, Food and Public Distribution notified the Legal Metrology (Packaged Commodities) Amendment Rules, 2022 on 28th March 2022. Read More
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
The Department of Pharmaceuticals has released Draft Uniform Code for Medical Device Marketing Practices 2022 (“Draft Code”). Read More
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Trade & Regulatory Compliance Updates
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
Content Authored by Firm Attorneys
"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
Content Authored by Firm Attorneys
Content Authored by Firm Attorneys
"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
Recognition
