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Trade & Regulatory Compliance Updates

MIB has issued an advisory to private satellite television channels against airing distressing images and disturbing footage

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

Centre Notifies three Grievance Appellate Committees under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

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

Government to hold public consultation on proposed amendment of IT rules with respect to fact checking misinformation by Government and due diligence by intermediary to prevent sharing of false, untrue or misleading information

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

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

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

Bureau of Indian Standards publishes standard for USB Type C receptacles, plugs and cables.

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

The Department of Consumer Affairs releases ‘Endorsement Know-hows!’ For Celebrities, Influencers, and Virtual Influencers on Social Media Platforms

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

Ministry of Communications Notifies the Indian Telegraph (Infrastructure Safety) Rules, 2022

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

Jan Vishwas (Amendment of Provisions) Bill 2022 – A brief review

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

TRAI releases Recommendations on Regulatory Framework for Promoting Data Economy Through Establishment of Data Centres, Content Delivery Networks, and Interconnected Exchanges in India

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

The Central Pollution Control Board issues a General Framework for Imposing Environmental Damage Compensation

Trade & Regulatory Compliance Updates

The Central Pollution Control Board issues a General Framework for Imposing Environmental Damage Compensation. Read More

The Department of Consumer Affairs Launches the Framework for Safeguarding and Protecting Consumer Interest from Fake and Deceptive Reviews on e-Commerce Websites in the form of an Indian Standard developed by the Bureau of Indian Standards

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

The Reserve Bank of India Launches the Digital Rupee Pilot Program in the Retail Segment

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

Ministry of Information and Technology Notifies the Information Technology (Intermediary Guidelines and Digital Media and Ethics Code) Amendment Rules, 2022

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

MOEFCC notifies E-Waste (Management) Rules, 2022

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

The Union Cabinet approves the Guidelines for Uplinking and Downlinking of Television Channels in India, 2022

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

The Reserve Bank of India’s Digital Rupee Pilot Program Commences in the Wholesale Segment

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

The Department of Telecommunications Notifies Rules Requiring Manufacturers and Importers of Mobile Devices to Mandatorily Register the IMEI Number of Mobile Phones

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

SEBI has issued a circular announcing its participation in RBI’s Account Aggregator framework

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

Delhi High Court confirms that Payment Aggregator will fall within the definition of “Payment System”

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

Surrogate Advertisements in India – Progress or Overkill?

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

Central Board of Indirect Taxes and Customs issues Guidelines for Arrest and Bail.

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

Ministry of Corporate Affairs notifies the Companies (Incorporation) Third Amendment Rules, 2022 introducing the Procedure for Physical Verification of Registered Office Addresses under Rule 25B .

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

RBI seeks public feedback on its discussion paper on Charges in Payment Systems.

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

Department of Consumer Affairs invites public consultation on a proposed amendment to the Packaged Commodities Rules for declaring two or more prime constituents of the commodity with the brand name/logo

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

MoEFCC notifies the Battery Waste Management Rules, 2022

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

RBI reinforces timeline of 1st October 2022 for purging Actual Card Data/Card-on-File data for all entities other than the card issuers/card networks and provides limited interim measures for easy transition

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

Apex Court upholds Enforcement Directorate’s Power of Arrest, Attachment, Search and Seizure and the ‘twin-conditions’ of Bail under the Prevention of Money Laundering Act, 2002

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

RBI issues Guidelines to Regulate Digital Lending

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

Department of Consumer Affairs sets up a committee to construct the Right to Repair Framework in India

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

The Telecom Regulatory Authority of India has issued a consultation paper on the “Rationalization of Entry Fee and Bank Guarantees” – a brief review of the proposed framework

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

The Ministry of Communication issues a consultation paper on the “Need for a new legal framework governing Telecommunication in India” – a brief review of the proposed legal framework

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

The Department of Commerce notifies the Special Economic Zones (Third Amendment) Rules, 2022 for making a provision for ‘Work from Home’

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

UK Government Decides Against Banning Video Game Loot Boxes

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

Department of Consumer Affairs notifies the Legal Metrology (Packaged Commodities) (Second Amendment) Rules, 2022

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

The Ministry of Health and Family Welfare seeks comments on the Draft Drugs, Medical Devices and Cosmetics Bill 2022 – a brief review on proposed Medical Devices related implications

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

MoEFCC notifies the Plastic Waste Management (Second Amendment) Rules, 2022

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

The Central Consumer Protection Authority has issued guidelines to prevent unfair trade practices and protection of consumer interest with regard to levy of service charge in hotels and restaurants

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

MoEFCC seeks comments on the proposed amendments to the Environment (Protection) Act, 1986

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

Draft Regulatory Guidelines for Child Participation in the Entertainment Industry or any Commercial Entertainment Activity

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

Ban on Identified Single Use Plastic comes into effect from 1st July 2022

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

Union Minister of State for Commerce & Industry launches the Indian Business Portal

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

DoT extends the deadline of Mandatory Testing and Certification of Telecom Equipment for Phase III and Phase IV products

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

Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022

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

MeitY publishes amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for public consultation

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

Ministry of Information and Broadcasting Notifies Sporting Events of National Importance

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

Report of The Company Law Committee (2022)

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

The Department of Telecom exempts certain products from mandatory testing requirements

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

MoEFCC publishes Draft E-Waste (Management) Rules for public consultation

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

MeitY publishes the Draft National Data Governance Framework Policy for public consultation

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

Blocking of Youtube Channels and Facebook Accounts by the Ministry of Information & Broadcasting

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

CERT-In publishes Frequently Asked Questions in furtherance of its Cyber Security Directions

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

India-UAE Comprehensive Economic Partnership Agreement 2022

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

Ministry of Consumer Affairs Notifies the Legal Metrology (Packaged Commodities) Amendment Rules, 2022

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

PlL in Delhi HC Challenges Criminal Procedure (Identification) Act, 2022

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

Nobody can be forcefully vaccinated – Supreme Court rules against Mandatory Vaccination

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

The Reserve Bank of India issues Credit Card and Debit Card – Issuance and Conduct Directions, 2022

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

CERT-In issues Directions for information security practices, procedure, prevention, response and reporting of cyber incidents

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

Ministry of Information and Broadcasting issues Advisory to private TV News Channels on scandalous headlines, false claims and unparliamentary language.

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

Production units in film industry to constitute committees for complaints on sexual harassment – Kerala High Court

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

Ministry of Information & Broadcasting Launches Broadcast Seva Portal

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

Ministry of Corporate Affairs introduces CSR-2 Form

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

Draft Uniform Code for Medical Device Marketing Practices 2022

Trade & Regulatory Compliance Updates

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

Consumer Protection (Direct Selling) Rules, 2021

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

Plastic Waste Management (Amendment) Rules, 2022

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

Addressing Misinformation and Rumours on Social Media – Authentication of Social Media Accounts not to be made Mandatory

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

Modifications to compliance obligations under Phase III and Phase IV of the MTCTE Regime

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

Proposed decriminalization of the Legal Metrology Act, 2009

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

Draft India Data Accessibility and Use Policy 2022

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

Legal Metrology (Packaged Commodities) Amendment Rules, 2021

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

The Advertising Standards Council of India ‘Guidelines for advertising of Virtual Digital Assets and Linked Services’

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

M2M Service Provider Guidelines

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

The Advertising Standards Council of India ‘Guidelines for Influencer Advertising in Digital Media’

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

Protection and Enforcement of the Rights of Consumers as a “Class” in India

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

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