Data protection in India

Ikigai Law

Ikigai Law  advises clients, including e-commerce platforms and major technology companies, on data governance frameworks, compliance strategies and drafting contracts in line with data protection regulations. Anirudh Rastogi has a wealth of experience advising emerging and incumbent technology companies on India's evolving data laws, including the proposed Personal Data Protection Act. Nehaa Chaudhari often acts for large multinationals in relation to non-personal data, emerging data protection laws, data governance and much more. Associates Tanya Sadana and Sreenidhi Srinivasan both have a strong working knowledge of technology law and the data protection regulations governing the sector in India.

Testimonials

‘Ikigai’s work on data protection matters exhibits a clear understanding of the law as well as technology.’

‘Nehaa Chaudhari is one of the foremost legal and technology experts in India. She exemplifies the qualities of a legal counsel who understands the business model, the technology and then arrives at the most suitable legal solutions.’

 

Key clients

Amazon Seller Services Private Limited

Mobile Premier League

Navi Technologies

Dvara Research Foundation

Cutting Chai Content

Swiggy

Udacity

Ghaswala Vision Foundation

Sequoia Capital

Work highlights

  • Advised Amazon on the evolving data governance framework in India, including localisation requirements, non-personal data governance, and the impact of the upcoming data protection law on the client’s business.
  • Advising Mobile Premier League on data handling practices in anticipation of India’s upcoming data protection law and GDPR, including advice on embedding data protection principles in the tech architecture and UI/UX.
  • Advised Navi on aligning the customer facing UI/UX with current law and future proofing for the upcoming law, in addition to providing advice on its privacy policy and terms of use.

IndusLaw

IndusLaw routinely advises domestic and international companies on data collection, storage, privacy and protection matters across India in various sectors, including information technology, diagnostics and gaming. The firm is also currently advising numerous clients on the potential implications of the new data protection bill going through parliament. Namita Viswanath has a wealth of experience advising fintech clients and major technology companies on regulatory matters, including data usage and data security. Avimukt Dar is instructed by clients to handle issues regarding data governance, consent requirements and data processing. Suneeth Katarki has a strong reputation in data privacy mandates.

Key clients

Google India

Honeywell Inc.

Workday Inc.

Oyo Rooms

Kingsoft Corporation

Medius Health

Edelman Financial Engines

Nielsen India Private Limited

Pine Labs

Zerodha Broking Limited

Work highlights

  • Advised Google on data privacy compliance regarding a suite of its products.
  • Assisted Pine Labs, a market leader in digital payments and e-money initiatives, in relation to data governance.
  • Advised Swasth on building an open-source platform that connects COVID-19 patients, doctors, hospitals, diagnostic centers, pharmacies and other healthcare service providers, and manages the orchestration of testing, case management, tele-medicine and hospital handover.

Khaitan & Co.

Khaitan & Co LLP advises domestic and international clients on data and privacy law issues and provides bespoke solutions. Supratim Chakraborty, whose expertise lies in corporate law and data privacy, has advised both the Ministry of Electronics and Information Technology and the Government of India on various aspects of the proposed Personal Data Protection Bill, demonstrating his strong reputation in this field. Harsh Walia carries out data protection due diligence for companies to ensure they are acting in accordance with regulatory standards; in addition to this, he often advises TMT clients on the data protection aspects of new product launches. Principal associate Shobhit Chandra and senior associate Sumantra Bose are also recommended.

Key clients

RingCentral Inc.

UCWeb Inc

Reliance Jio Infocomm Limited

Phillips Carbon Black Limited

Sonde Health Inc

Lam Research Singapore Pte Ltd

Course5 Intelligence Private Limited

Aleron Group

Muster Online Private Limited

Hex Social Club

GE Healthcare

Eatigo International PTE LTD

Work highlights

  • Advised Reliance Jio Infocomm in relation to incorporation of privacy by design principles for its various mobile applications and preparing relevant documentation.
  • Advised UCWeb on requirements pertaining to privacy policy and assisted in updating the policy coupled with suggestions on best practices to be followed.
  • Advised RingCentral on data protection laws in view of its proposal to provide telecom services in India.

Nishith Desai Associates

Nishith Desai Associates predominantly advises multinationals on compliance with existing and developing data protection laws in India. The team also advises clients in connection with investments and acquisitions of data driven companies in emerging sectors such as IoT and AI. Gowree Gokhale often advises media, gaming and life sciences clients on data protection, IP and e-commerce matters. Vivek Kathpalia, who splits his time between Singapore and India, often assists TMT clients with cross-border transactions. Huzefa Tavawalla is also a key member of the team, having recently advised clients in relation to the data law aspects of launching new services, the data breach notification process and various other matters.

Other key lawyers:

Huzefa Tavawalla

Key clients

Paysafecard.com

Work highlights

  • Advised Paysafe on its ongoing collaboration with a global fintech company from a legal and regulatory standpoint, including on various RBI payment regulations, payment localisation directives, data processing requirements and on cross border data flows.

Spice Route Legal

Spice Route Legal advises a diverse range of clients on the implications of the proposed data protection bill, the regulatory aspects of launching products and undertaking data transfers, data breaches and various other matters. Mathew Chacko regularly assists TMT clients, including fintech companies, navigate India's data protection and data privacy laws. Senior associate Aadya Misra advises clients on their data protection and privacy policies and handles risk mitigation for clients following data breaches.

Practice head(s):

Matthew Chacko

Other key lawyers:

Aadya Misra

Key clients

IBM

Disney + Hotstar

Dell Corporation

Adobe

Quintype

Milaap

Sahamati

VeriSign

Blockchain India Consortium

Instamojo Inc.

Moët Hennessy

Miner’s Inc.

Impelsys Inc.

ICICI Bank

Strand Lifesciences

Cathay Pacific

Locus

Farmify

yBanq

Emptech

Work highlights

  • Provided extensive data support to Sahamati, a collective of the account aggregator ecosystem, which is a completely new class of Non-Banking Financial Companies approved by the Reserve Bank of India to manage consent sharing for financial data.
  • Advising Locus on the applicable data laws in 30 countries across the Americas, Asia Pacific, Africa and the Middle East, to identify risks in the client’s plans to expand the availability of its SAAS based data analysis platform.
  • Advising Californian company Emptech on the launch of its VerifyFast product in India; including advice on cross-border data transfer mechanisms, analysis of consent architectures for sharing of data, review of commercial contracts with clients, and advice on considerations under the upcoming data protection law in India.

Trilegal

Trilegal's team advises domestic and multinational technology, telecoms and media companies on data privacy and protection laws in India, including the Personal Data Protection Bill currently under legislative review. The firm also has experience handling outsourcing and data processing contracts, and acting for clients in IT disputes. Rahul Matthan regularly assists the government with significant policy developments, including the new privacy law and the Unique ID law. Nikhil Narendran often advises major tech companies on their data protection policies. Associate Jyotsna Jayaram is also a key member of the practice.

Other key lawyers:

Jyotsna Jayaram

Key clients

Amazon

Google

Facebook

Accenture

Government of India

Intel

Standard Chartered Ventures

Tencent

Wells Fargo

Symantec

L&T Constructions

Adobe

Blackhawk Networks

Anheuser-Busch Inbev

PayPal

Truecaller International LLP

PayU Fintech Investments B.V.

Adobe

LinkedIn

Work highlights

  • Advised BHP Group on the implications of requiring employees to use a smartphone tracing app to mitigate the impact of COVID-19 on its workforce.
  • Advised and assisted Truecaller International with setting up loans on Truecaller, including reviewing and negotiating its agreements with service providers.
  • Advised Accenture on the implications of the Personal Data Protection Bill, 2019 in terms of its global privacy policies as well as hiring and recruitment statements.

Kochhar & Co.

Kochhar & Co. predominantly advises international law firms on data privacy law in India, particularly in relation to changes in the way they intend to process personal information. The firm also advises clients in the manufacturing, banking, healthcare and telecoms sectors regarding cyber security, privacy, confidentiality and data localisation. Stephen Mathias has a wealth of experience in data privacy mandates, including matters involving multinationals seeking to navigate India's developing data regime. Associate Naqeeb Ahmed Kazia specialises in data localisation and data retention.

Practice head(s):

Stephen Mathias

Other key lawyers:

Naqeeb Ahmed Kazia

Key clients

Hogan Lovells

Mayer Brown

Littler Mendelson

Hunton Charter

Kyriba

Onfido

Bird & Bird

Fluor

Taylor Wessing

Nuance

Work highlights

  • Advised Hogan Lovells on data privacy, information technology issues, content liability, breach notifications, employment privacy issues and various other matters.
  • Advised Nuance Communications on obtaining a civil injunction against an employee who committed data and IP theft during their time at the company.
  • Advised Cisco on data localisation issues.

Samvad Partners

Samvad Partners has particular expertise in online privacy and data protection issues, including data breaches and IP theft. Neela Badami  shows particular expertise in international data privacy regulation, media and fintech matters. Rohan K George often advises clients on data privacy, including the implications of the new bill pending parliamentary approval. Nivedita Nivargi has a strong working knowledge of GDPR.

Key clients

ADReS

Altlifelab Solutions Private Limited

Dhiway Networks Private Limited

GILDEMEISTER Beteiligungen GmbH (DMG Mori AG)

Hevo Technologies India Private Limited

FA Consulting

Joveo Inc

Mahua Moitra

Moveinsync Technology Solutions Private Limited

Socion Advisors

Vyng Inc

Work highlights

  • Advising HDFC on its end-to-end GDPR compliance requirements, which involves close coordination with the EU Counsel.
  • Advised Vyng, an LA based company, on the different legal issues that may arise regarding its video ringtones available in India, including data privacy and data protection considerations.
  • Advised Gildemeister on the applicable data protection and privacy issues relating to its roll-out of a new online customer portal in India.

ALMT Legal

ALMT Legal's ambit of work includes drafting privacy policies for clients, providing advice on data breaches, and ensuring clients' collection, storage and use of data complies with regulatory standards. Statira Ranina has a strong track record of advising clients on data privacy breaches. Recently, she has advised several clients on the implications of the Personal Data Protection bill under legislative review.

Fox Mandal

Fox Mandal predominantly advises clients in the technology sector, including fintech companies, on various data protection issues, including the proper use of publicly available data, employee data storage, and GDPR requirements applicable to Indian firms with EU customers. Rajesh Vellakkat regularly assists clients with drafting policies and contracts that comply with India's evolving data privacy laws.

Key clients

Mphasis Ltd.,

Datrux Systems Pvt Ltd

Mobisy Technologies Private Limited

Matrimony.com Ltd

Accord Software & Systems Pvt Ltd

Cyient Limited

Ridgetop Healthcare Practice Pvt Ltd

Providence Global Center LLP

Work highlights

  • Advised Datrux Sysems on their influencer database creation using publicly available data.
  • Assisted Mphasis with preparing its work from home protocols while keeping privacy issues in mind.
  • Advised Mobisy Technologies on using consumer behaviour related data in compliant manner.

Khurana & Khurana, Advocates and IP Attorneys

Khurana & Khurana, Advocates and IP Attorneys focuses primarily on reviewing and drafting data privacy policies and agreements for companies and advising on GDPR compliance. Tarun Khurana and Vinod Khurana both have a wealth of experience in IP related mandates, including patent law.  Mohinder Vig is a trade mark attorney, known for assisting clients with licensing, assignment, distribution and other agreements.

Key clients

Vadsoft Private Limited

InvesQ Advisors

Freedom Automation LLP

Gohash travels Pvt. Ltd

RIP-IT Solutions Pvt. Ltd.

VoIP Office Telecommunications Pv. Ltd.

Jumpsteam Technologies Pvt. Ltd.

Invent India Innovations Pvt. Ltd.

Work highlights

  • Assisted InvesQ Advisors with the drafting of terms and conditions, privacy policies and trademark registrations.
  • Advised GoHash Travel on various corporate and commercial matters, drafting of terms and conditions, privacy policies for its website and portals.
  • Assisted VadsoftPvt with the drafting of commercial contracts, terms and conditions and privacy policies for its online portal.

Lakshmikumaran & Sridharan

With particular expertise in the e-commerce sector, Lakshmikumaran & Sridharan advises clients on data consent, data breach planning and the regulation of non-personal data, among other areas. Charanya Lakshmikumaran leads the firm's regulatory and appellate litigation practice, which encompasses privacy and data protection mandates. Prashant Phillips specialises in cyber law matters involving data protection and data privacy issues.

Key clients

Run Adam Sports Private Limited

LK Foundation Trust

Work highlights

  • Advised a leading e-commerce company on the possibility of the regulation of non-personal data in India.
  • Advised a leading e-commerce client on the potential impact of the Personal Data Protection Bill, 2019.
  • Conducted a securitisation session for an online food and grocery delivery platform detailing the major changes in the Personal Data Protection Bill and analysing its impact on the business.