India

We are pleased to share that Argus Partners has advised Fitterfly, a healthcare company focused on diabetes reversal, obesity management, and heart health programmes, on its acquisition by PB Healthcare Services, the healthcare arm of PB Fintech. The acquisition would enable PB Healthcare Services to expand beyond hospitals and strengthen its preventive healthcare and chronic-disease management offerings. The team at Argus Partners advising Fitterfly was led by Ankit Guha and Neha Madan (Partners). Arka Majumdar (Partner) advised on employment law aspects and Namitha Mathews (Partner) advised on real estate aspects of the transaction. Read more at: Business Standard, Moneycontrol, INC42.

King Stubb & Kasiva has appointed Abhishek Paliwal as a Partner in its Corporate practice, further strengthening the Firm’s capabilities across M&A, capital markets, corporate governance, and regulatory advisory. Abhishek brings with him over 12 years of experience in corporate and capital markets law, with deep expertise in SEBI regulations, Companies Act, FEMA advisory, IPOs, corporate governance, and compliance advisory. He has advised listed companies, startups, capital market intermediaries, and multinational corporations on complex regulatory and transactional matters. Prior to joining King Stubb & Kasiva, Abhishek, he was a Practice Head at law firms and was a member of the Brand Building Committee of the Institute of Company Secretaries of India (ICSI). Commenting on Abhishek’s joining, Mr. Jidesh Kumar, Managing Partner, King Stubb & Kasiva, said: “Abhishek’s induction as Partner reflects our focus on strengthening key practice areas. His experience in corporate, capital markets, and regulatory advisory will further solidify our corporate practice and will add significant value to our corporate and transactional practice. Abhishek Paliwal added: “I am pleased to join King Stubb & Kasiva and be part of a Firm that has built a strong reputation across corporate and regulatory advisory. I look forward to working closely with the team to support clients on their corporate, governance, and compliance requirements.”

By Aniket Ghosh Introduction: Why Gaming Platforms Sit at the Centre of Privacy Enforcement India’s gaming and interactive entertainment ecosystem comprising online gaming platforms, fantasy sports operators, real-money gaming companies, casual mobile games, esports platforms and gamified social apps has experienced explosive growth. These platforms are no longer passive entertainment providers; they are data-intensive behavioural engines involving major data privacy risks. Every tap, swipe, pause and in-game decision is captured, analysed and monetised. As a result, gaming platforms process some of the most granular behavioural datasets in the digital economy, often involving: Children and young adults Continuous tracking and profiling Psychological engagement mechanisms Cross-platform advertising and monetisation With the enactment of the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”), gaming companies now face heightened legal scrutiny, particularly around consent, profiling, children’s data, dark patterns and targeted advertising. Applicability of the DPDP Act to Gaming and Interactive Platforms Platforms Covered The DPDP Act applies to all entities processing digital personal data, including: Online and mobile gaming platforms Fantasy sports and skill-based gaming operators Esports platforms Casual and hyper-casual game developers Social gaming and metaverse platforms Real-money gaming and betting intermediaries Both Indian and offshore platforms offering services to users in India fall within scope. Gaming Companies as Data Fiduciaries Gaming platforms almost invariably qualify as data fiduciaries, as they determine: What user data is collected How gameplay data is analysed How engagement and monetisation strategies are deployed Third parties such as analytics providers, ad-tech platforms, payment processors and cloud service providers operate as data processors, though primary liability remains with the platform. Large gaming platforms may be designated as Significant Data Fiduciaries (SDFs) due to: Scale of user base Volume of behavioural data Involvement of children Use of AI-driven engagement tools Behavioural Data in Gaming: A High-Risk Category What Is Behavioural Data? Gaming platforms routinely collect: Gameplay patterns Reaction times Spending behaviour In-game communications Social interactions Device and location metadata When combined, this data enables deep behavioural profiling, capable of predicting user preferences, vulnerabilities and spending propensity. Why Regulators Are Concerned Behavioural profiling in gaming raises concerns around: Manipulative engagement design Addiction and compulsive behaviour Exploitation of cognitive biases Psychological harm, particularly to minors Under the DPDP Act, such data processing must be lawful, proportionate and purpose-bound – a standard many legacy gaming models struggle to meet. Consent in Gaming: Validity Under the DPDP Act Consent Must Be Real, Not Illusory Gaming platforms often rely on click-wrap agreements, bundled consents, and long, technical privacy policies. Under the DPDP Act, consent must be: Free Informed Specific Unambiguous Capable of withdrawal “Accept to play” models that condition access on broad data permissions risk being treated as coerced consent. DPDP Rules: Notice and Transparency Obligations The DPDP Rules require platforms to disclose: Categories of personal data collected Purpose of processing (including analytics and advertising) Third-party data sharing User rights and withdrawal mechanisms Grievance redressal channels Generic disclosures that do not explain behavioural analytics and profiling are unlikely to withstand scrutiny. Dark Patterns and Manipulative Design in Gaming What Are Dark Patterns? Dark patterns are interface designs that manipulate user behaviour, including: Infinite scroll and loot box mechanics Misleading reward structures Obscured opt-outs Artificial urgency While not explicitly defined in the DPDP Act, such practices undermine free and informed consent. Regulatory Trajectory Gaming platforms are increasingly scrutinised by consumer protection authorities, sectoral regulators, and Courts. Under the DPDP framework, dark patterns may invalidate consent and expose platforms to enforcement action for unlawful data processing. Children’s Data: A Legal Minefield for Gaming Platforms Children Under the DPDP Act Any user below 18 years is a child under the DPDP Act. This is particularly consequential for gaming platforms with: Casual or cartoon-style games School-age user bases Freemium models Parental Consent and Verification Processing children’s data requires: Verifiable parental consent Mechanisms to confirm guardian identity Clear linkage between parent and child Self-declared age gates are insufficient. Prohibition on Tracking and Targeted Advertising The DPDP Act restricts behavioural tracking, profiling and targeted advertising directed at children. This directly impacts: Ad-supported gaming models In-game personalised offers Behaviour-based monetisation strategies Real-Money Gaming, Payments and Financial Data Financial and Transactional Data Real-money gaming platforms process: Payment information Wallet balances Spending patterns This data carries elevated risk due to Fraud potential, addiction concerns, and regulatory overlap with financial laws. Such data must be processed with heightened security and minimal retention. KYC and Identity Data Where KYC is required, platforms must: Limit collection to necessity Clearly disclose purpose Secure data against unauthorised access Repurposing KYC data for marketing or profiling is legally hazardous. Third-Party Sharing and Ad-Tech Risk Gaming platforms frequently integrate with advertising networks, attribution providers, and analytics engines. The DPDP Act places responsibility on the gaming platform to ensure: Processor compliance Contractual safeguards Breach notification obligations Uncontrolled SDKs and plug-ins are a common source of data leakage. Data Breaches and Incident Response Mandatory Reporting Obligations Under the DPDP Act and Rules, gaming platforms must notify the Data Protection Board of India and affected users. This obligation applies even to non-financial harm. Reputational Fallout Data breaches involving children, behavioural data, and payment information are likely to attract disproportionate public and regulatory backlash. Penalties and Enforcement Exposure Monetary Penalties The DPDP Act empowers the Data Protection Board to impose penalties up to INR 250 crore per contravention, considering: Nature of data involved Scale of processing Harm caused Mitigation steps taken Gaming platforms processing children’s or behavioural data face elevated penalty risk.\ Business Impact Beyond penalties, platforms may face: Platform bans or restrictions Loss of advertising partners App store scrutiny Investor concerns For gaming businesses, regulatory action can directly threaten viability. Compliance Roadmap for Gaming Platforms Data Mapping and Risk Assessment: Identify behavioural, financial and children’s data flows. Consent and UX Redesign: Simplify consent journeys and eliminate dark patterns. Children’s Data Controls: Implement robust age-gating and parental consent systems. Vendor and SDK Audits: Review third-party integrations and contracts. Governance and Training: Educate product, design and marketing teams on privacy risks. Conclusion: Sustainable Gaming Requires Responsible Data Practices The DPDP Act and Rules signal a clear regulatory message: behavioural exploitation is not a sustainable business model. Gaming platforms must rebalance innovation with responsibility, particularly where vulnerable users are involved. Platforms that proactively redesign consent, limit profiling and embed privacy-by-design will be best positioned to thrive in India’s evolving digital ecosystem.

SNG & Partners has announced the appointment of Rajendra Patil as Partner in its Banking & Finance practice. Rajendra’s appointment further augments one of the firm’s established practice offerings, bringing deep in-house leadership experience from the banking sector to the firm. He will be working out of the firm’s Nehru Centre office in Mumbai. Rajendra brings extensive domain experience of more than three decades emanating from a distinguished professional journey of working in-house with leading financial institutions, including ICICI Bank, CRISIL, IDFC, RBL Bank, Bharat Financial Inclusion and IndusInd Bank, where he led and managed a wide spectrum of corporate legal, litigation, compliance, governance, regulatory and corporate secretarial functions. Throughout his career, he has been responsible for managing contentious and non-contentious legal, compliance, governance and corporate secretarial aspects as well as capital market assignments and dealing with law enforcement agencies, for several reputed banking and financial services institutions. Welcoming Rajendra to the team, Anju Gandhi, Senior Partner and Head – Banking & Finance, SNG & Partners, said, “I have known Rajendra professionally for several years and have closely seen his leadership, judgment and ability to manage nuanced legal and regulatory challenges for several large financial institutions. His transition from an in-house leadership role to law firm practice will add to SNG & Partners’ USP of achieving commercial outcomes for its clients, while complying with the procedural and substantive aspects of law. Rajendra’s strong blend of legal, compliance, regulatory expertise and business acumen will be a significant asset to our clients, and I am personally delighted to welcome him to SNG & Partners.” He has also supported business teams by assessing legal, compliance and contractual risk, working closely with external counsel, leading negotiations with third parties, and managing corporate secretarial functions, including Board and shareholder meetings, thereby strengthening governance and compliance frameworks within financial institutions. Rajendra’s transition from a long-standing in-house leadership role into law firm practice brings a distinctive and valuable perspective to SNG & Partners. His combined understanding of legal strategy, regulatory expectations and business realities equips him to deliver practical, commercially aligned advice to clients, and further strengthens the firm’s Banking & Finance practice. With Rajendra’s onboarding, SNG & Partners now has a strength of 30 Partners and a formidable team of over 100 lawyers, strategically based across 3 key locations: New Delhi, Mumbai and Bengaluru.