Publication Archive - Page 8 of 13

Antitrust 2.0 – Competition (Amendment) Bill, 2022 and other changes

The Dialogue organised a roundtable discussion on competition law ‘Antitrust 2.0’ on November 1, 2022. The discussion revolved around three key themes: i) Changes pertaining to anti-competitive agreements, abuse of dominant position, and merger control in the Competition (Amendment) Bill, 2022 (the Bill); ii) ex-ante regulation and gatekeeping rules and; iii) Introduction of Commitments and […]

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Principle-based Framework Towards Cross-Border Data Transfers

Dialogue Editor

The report discusses the impact of a restrictive approach towards cross-border data transfers. It highlights that adopting a principle-based framework could be one of the best possible options that India could consider, which fulfils the objectives of deploying safeguards to ensure the security, privacy and data protection of Indian users while allowing data to flow

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Parliamentary Committee on Finance’s 52nd Report on Competition (Amendment) Bill 2022

Dialogue Editor

The report is a laudable and progressive step for the competition framework of the country. The recommendations are a call for clarity and reasoned analysis in the Indian competition landscape. The recommendations, if incorporated in the Bill, will ensure the protection of innovation nuanced analysis by the CCI as well as enhance compliance with competition

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Submission in Response to ONDC Consultation Paper

Dialogue Editor

In our response, we brought attention to the three paradigmatic shifts the ONDC attempts – interoperability, decentralisation and the unbundling of the e-commerce value chain and the tools it chooses for the purpose. We suggested an effective and statutory e-commerce regulator along with updated e-commerce rules, which would go a long way in fulfilling the

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Comments on Draft Indian Telecommunication Bill, 2022

Dialogue Editor

The Draft Indian Telecommunication Bill, 2022 (Draft Bill) aims to consolidate the current regulations into a singular framework. This proposed legislation would replace the Indian Telegraph Act 1885, Wireless Telegraphy Act 1933 and the Telegraph Wires (UnlawfulPossession) Act, 1950. The bill introduces major reforms in the telecom sector. Provisions relating to providing relief to the

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The Institutionalisation of India’s Data Protection Authority

Dialogue Editor

As India is contemplating legislating in the sphere of data rights, with recent iterations such as the Draft Personal Data Protection Bill, 2019, it is evident that next in the pipeline (post-enactment) would be the setting up of the Data Protection Authority for India (DPA). To bring off a robust DPA for India, we suggest

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Bilateral Discussion between Australia and India on Data Protection Regimes

Dialogue Editor

The Dialogue organised a bilateral discussion between Australia and India on data protection regimes on 12th April 2022. For this discussion, we were delighted to host Ms Angelene Falk, Australian Information Commissioner and Privacy Commissioner; Dr Amar Patnaik, Member of Joint Parliamentary Committee on Personal Data Protection Bill, 2019; Rahul Matthan, Partner, Trilegal.As India is

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Policy Brief: Navigating the Fundamental Right to Privacy in India

Dialogue Editor

The Supreme Court’s ruling in the Justice K.S. Puttaswamy v. Union of India & Ors case marked a pivotal moment in India’s privacy jurisprudence, affirming the right to privacy as a fundamental right under Article 21 of the Constitution. The judgment addressed various aspects of privacy, including informational privacy, decisional autonomy, surveillance, and data protection,

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Response to Consultation Paper on ‘Need for a New Legal Framework Governing Telecommunication in India

Dialogue Editor

At the outset, we would like to congratulate the Department of Communications, Government of India, on the consultation paper on ‘Need for a new legal framework governing Telecommunication in India’. The paper adopts a forward-looking approach with a key focus on simplifying the regulatory framework and reforming right of way and spectrum management. Further, the

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Response: National Health Authority’s Draft Data Sharing Guidelines

Dialogue Editor

The National Health Authority (‘NHA’) has developed Data Sharing Guidelines to regulate the use of personal data of beneficiaries of the PM-JAY scheme. As highlighted in the guidelines, the scope of application extends to data across the digital health ecosystem that includes PM-JAY as well as Health Wellness Centres and the ecosystem partners. It is

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