Technology & Data Privacy

Technology Law

The technology law ecosystem is complex on account of the cross-border nature of technology. Technology law solutions require a deep understanding of various other streams of law such as intellectual property, transactions, and regulatory law. Our team is adept at advising on technology law issues from a multi-disciplinary perspective in both Indian and global context. The team endeavours to provide solutions that will conform to global best practices while also giving pragmatic solutions keeping in mind enforceability from an Indian perspective.

The scope of our work extends to the following areas:

• Transactions: We advise on complex legal issues around transactions pertaining to technology licensing/ assignment for both domestic and cross border clients and provide innovative structures adhering to legal, regulatory and commercial needs of the client.
• Regulatory: The regulatory technology law landscape is rapidly evolving. Often, the applicable regulations are issued by different regulators and are not always consolidated into one repository. We facilitate clients seeking to implement technology-based solutions by ensuring that regulatory requirements are identified and complied with. We offer practical solutions to reduce the regulatory burden on enterprises. We also assist in setting up processes and training client’s employees in order to comply with regulatory obligations.
• Dispute Resolution: Other than a few highly specialized institutions most judicial fora are not equipped to adjudicate on complex questions of technology law. In scenarios where there is likely to be a potential dispute, we assist clients in drafting a litigation strategy that takes into account nuances of technology law and also keep in mind that a middle ground needs to be achieved between the client and the adjudicating authority, in order to maximize effective dispute resolution.

Data Privacy

India’s minimalist data privacy regime under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 is now replaced with a robust data privacy regulation in the form of the Digital Personal Data Protection Act, 2023. In view of the change in law there are numerous nuances of the present regime that require enterprises to be aware of and be compliant with.

We assist clients with the following:

• Structuring and compliance: We work closely with the client to understand the manner under which personal data is processed by the client and suggest measures that can be adopted by clients to be compliant with Indian data privacy norms. We strive to maintain a balance between a client’s commercial objectives while ensuring strict compliance with data protection laws. We also offer to set up processes and train employees in best practices that can be adopted.
• Incident Management: Our dispute resolution experience gives us the expertise to advise and assist clients who have suffered a data breach or have had issues with the regulators for non-compliance with data protection laws in order to minimize losses, ensure compliance with post-breach requirements and ensure that directors and key stakeholders are not further affected.
• Data privacy audits: Certain classes of enterprises are required to conduct annual data privacy audits in order to be compliant. We assist clients in carrying out audits, identifying the key issues and suggesting steps that can be adopted for rectification.