data protection

Deepfake Rules Mark a Thoughtful Turn

Introduction India is facing a surge in AI-generated content (including deepfakes), causing reputational abuse, financial fraud, and electoral/ political misinformation. To counter this, the Ministry of Electronics & IT (“Meity”) released the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules, 2021 (“IT Rules, 2021”), which propose a due diligence mechanism […]

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Interpreting “In Relation To”: Towards a Functional Test for Personal Data under India’s DPDP Act

Introduction The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is India’s first dedicated data privacy law. The Act applies only to digital personal data, leaving out other categories of data from its ambit. However, even in this limited category, the meaning of personal data is not entirely clear. Section 2(t) of the act defines

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Artificial Empathy, Tangible Risks: Consent, Confidentiality and Compliance in AI-Enabled Therapy

Introduction Recently, approximately 1.5 million regular users of the mental health chatbot ‘Woebot’ were confronted with the platform’s termination. Founder Alison Darcy cited regulatory hurdles coupled with the immense disparity between the pace at which Artificial Intelligence (“AI”) and legal frameworks are evolving as reasons for Woebot’s discontinuation. While accessibility and timely responses are being

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RBI’s 2025 Digital Lending Directions: A New Framework for Trust and Transparency

Abstract The Reserve Bank of India (Digital Lending) Directions, 2025 aims at enhancing transparency, borrower protection, and systemic accountability, marking a significant evolution in regulating the digital lending industry from not only a financial but also from a data-governance perspective. This article analyses the key changes introduced and critically evaluates their strengths and drawbacks. While

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Bridging Regulatory Gaps for PwDs in Data Protection Rules 2025

Introduction The much awaited draft Digital Personal Data Protection Rules 2025 (“DPDP Rules”) have been finally released for public consultation by the Ministry of Electronics and Information Technology (“MEITY”). There are several issues lawyers and activists are flagging on the implementation and clarity of specific rules read with the Digital Personal Data Protection Act 2023

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India’s Draft Data Protection Rules 2025: An analytical primer of what lies ahead in the Indian Privacy Paradigm: Part II

Introduction  The introduction of the Draft Data Protection Rules 2025 (“Draft Rules”) under the Digital Personal Data Protection Act, 2023 (“DPDPA”) marks a significant step in India’s data protection journey. In the previous part of the article, we looked at the provisions and rules related to the protection of Children’s Data, intimation of personal data

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India’s Draft Data Protection Rules 2025: An analytical primer of what lies ahead in the Indian Privacy Paradigm: Part 1

Introduction The Draft Digital Data Protection Rules, 2025 (DPDP Rules), enacted under the framework of the Digital Data Protection Act, 2023 (Principal Act), signify a landmark shift in India’s approach to digital privacy and data governance. These rules offer a structured mechanism for addressing contemporary challenges, particularly in the domains of children’s data, breach management,

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A Functional Taxonomy On Online Intermediaries In India

  Introduction The 21st century has witnessed the rapid proliferation of online intermediaries. However, this expansion has also exposed significant regulatory gaps, particularly in how these platforms are legally classified and held accountable. The current Indian taxonomy largely treats intermediaries as passive facilitators, granting them negative or limited liability under the assumption that they do

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BNPL in India: A Convenient Solution with a Dark Side

In this post, the author addresses the exponential growth of India’s fintech sector, particularly highlighting the rise of Buy Now Pay Later (BNPL) services driven by a lack of specific regulatory frameworks. They elucidate how while some companies offering BNPL are under NBFC regulations, there’s a need for tailored guidelines to oversee and protect consumers engaging in BNPL transactions. The article further discusses the burgeoning concerns in India’s BNPL market, advocating for a more encompassing regulatory approach to mitigate issues like transparency, fraud, and data protection, aiming to bolster consumer confidence and legitimacy in these services.

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THE NEW PRIVACY REGIME FOR STARTUPS A DREAMY VISION OR A WAKE up call

The New Privacy Regime For Startups: A Dreamy Vision or a Wake-up Call?

In this post, the Author aims to delve into a complete analysis of what changes have been introduced (in the form of duties of Data Fiduciaries) that will cause corporate data processors to up their game, with a special focus on the position of Startups in the status quo, and the exemptions with respect to the desirability of the same vis-à-vis rights of citizens under the Privacy Law.

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