Translating India's New IT Law

Originally published on Law360, New York (July 12, 2011)

The technology law landscape in India recently underwent a dramatic change with the adoption of new administrative rules governing data security and privacy as well as website content, which may impact the way U.S. and other foreign businesses operate in India. The Privacy Rules and the Content Rules, which became effective in April 2011, have been promulgated by the Indian Ministry of Communications and Information Technology under the Indian Information Technology Act of 2000 (the "IT Act").

This article assesses the potential impact of these rules on U.S. and other foreign companies operating in India, and argues that without clarification and amendment, the rules could deter foreign companies from engaging in business activities in India.