Tech Regulation in India – Has it Come of Age?

FriDay, november 15, 2019

SESSION: Palo Alto - 08:30 AM - 10:00 AM PT

                New York - 11:30 AM - 01:00 PM ET

                India - 10:00 PM - 11:30 PM IST

VENUE: 220 California Avenue, Suite 201
             Palo Alto, CA 94306-1636

 

INTRODUCTION

A number of developments in India relating to regulation of technology have come up in the last two years, including:

  • A crucial turning point in 2017 with the Supreme Court recognizing privacy as a fundamental right protected by the Constitution.
  • The government has released a draft personal data protection bill which it is planning to table in the Parliament in a month or so.
  • The government has set up a Commission to look into the regulation of “community/non-personal” data.
  • The government is considering revamping the intermediary safe harbor rules and has published a draft of the proposed rules for public comment.
  • The Supreme Court has agreed to hear arguments to mandate ‘traceability’ on social media, including decryption of communication and linking government IDs with user accounts.
  • Earlier this year, some video streaming platform members of the Internet And Mobile Association of India (IAMAI) voluntarily adopted a code of conduct.
  • A number of public interest litigations have been filed to regulate content on curated streaming platforms.

These developments suggest that the legal and regulatory framework for technology in India may look very different within a year or two. In this Roundtable, we will discuss the potential future directions on privacy, intermediary safe harbor, and content regulation and their implications for technology companies and investors in India.

Focus Area

  • Personal data privacy regulation
  • Regulation of “community/non-personal” data
  • Intermediary liability rules and guidelines
  • Regulation of decryption of communication and traceability on social media
  • Content regulation on online curated video streaming platforms

Suggested Reading

NDA PANEL

Vaibhav Parikh

Head – US Operations, Leader – Corporate Transaction and Technology Law Practice,

Nishith Desai Associates

Vaibhav Parikh is an engineer and a lawyer with around 25 years of experience. He leads the practice areas of Technology, Mergers & Acquisitions, Private Equity and Blockchain.

Over the years, Vaibhav has been advising many leading Indian e-commerce companies in their operations from a legal and regulatory standpoint. Tying in his expertise in advising several private equity players and venture capitalists navigate their way to successful investments, Vaibhav has facilitated some of India’s largest e-commerce transactions.

 

Gowree Gokhale

Head and Leader – Intellectual Property and Information Technology Practice,

Nishith Desai Associates

A practicing lawyer for more than 23 years, Gowree Gokhale leads the IP, Technology, Media and Entertainment law practice of research and strategy driven international law firm, Nishith Desai Associates. Gowree specializes in navigating through the intricacies that line the complex laws around Technology, Media, Telecom. Recognized for her efforts in shaping and structuring of India operations for a number of international conglomerates, including Media houses and Pharmaceutical giants, Gowree has spearheaded several IP centric M&A transactions in the given areas.

 

Siddhartha Sarangal

Senior Member – Intellectual Property and Information Technology Practice,

Nishith Desai Associates

Siddhartha Sarangal is a technology lawyer in the Silicon Valley office whose practice focuses on internet and high technology transactions, advisory and policy. He has advised on a number of critical legal and transactional aspects of technology businesses like intermediary liability, data protection, cloud services, advertising technology, app development and distribution, and data analytics. He has also developed policy positions and made submissions to the government on issues like network neutrality, online content regulation, privacy and data protection, and e-commerce regulation. Siddhartha started his career in the nascent legal and policy team of one of India’s largest online video streaming platforms before graduating with a Master’s degree in technology law and policy from Stanford University.

 

Mihir Parikh

Leader – Strategic Legal Consulting Practice

Nishith Desai Associates

Dr. Mihir A. Parikh is Strategic Thought Leader based in Palo Alto (Silicon Valley) office of Nishith Desai Associates. With his expertise at the intersection of strategy, technology, and law, he advises companies and investors on strategic implications of technologies. He helps them to use law as a strategic asset to create new business and growth opportunities, defend competitive position and manage risks in highly competitive industries.

 

MCLE/CLE CREDIT

An application requesting MCLE/CLE credit for this activity is pending for approval by the State Bar of California.

Official Record of Attendance for MCLE/CLE
Provider: Nishith Desai Associates
Subject Matter/Title: Technology Law and Policy in India
Date and Time of Activity: 15 November 2019. 8.30 AM – 10 AM PT
Location: Palo Alto, CA
Length of Activity: 90 minutes