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Data, Debt, and Due Process: Comparative Perspectives on Treatment of Digital Assets in Insolvency
The doctrinal tension at the core is between IBC's asset maximization aim and DPDP Act's rights-oriented approach focused on user consent and purpose limitation. The lack of legislative clarity poses the threat of privacy invasions, regulatory breaches, and user trust loss.
Nidhi Kamath
Aug 316 min read
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The Insolvency Tightrope: Looking at Protecting Data while Monetizing Assets
IBC’s objectives of focusing on time-bound resolution and asset maximization must be reconciled with the DPDP Act’s mandate to respect informational self-determination.
Ashish Rawat, Kinjal Ahuja
Aug 307 min read
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Analyzing Behavioral Profiling And Cross-Platform Tracking From the Lens of the Digital Personal Data Protection Act 2023
The DPDP Act marks a significant milestone toward protecting individual privacy. Still, the current practice of behavioral profiling and cross-platform tracking by digital powerhouses uplifts some important questions on the DPDP Act’s compliance with free consent and purpose limitation.
Stuti Jadaun, Garvit Garg
Aug 237 min read
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The Digital Handshake Reimagined: Can MeitY’s Consent Management System Bridge the DPDPA-Clickwrap Divide?
MeitY’s CMS serves as an accelerator in India’s journey towards informed consent in clickwrap agreements. By introducing features like purpose-specific consent, user friendly interface, consent artifacts, immutable audit trails, the CMS seeks to ensure that users are able to make the right choice while granting their consent to data processing.
Ishtmeet Kaur
Aug 116 min read
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The Government as a Data Fiduciary under Digital Personal Data Protection Act: Obligations and Challenges
The DPDP Act is not merely a regulatory hurdle but a catalyst for reimagining citizen-state trust in the digital age.
Aanchal Singh, Devesh Singh Tomar, Gauravjeet Singh Narwan
May 167 min read
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From Data Breaches to Digital Accountability: The Judicial Odyssey of the DeepSeek PIL
The DeepSeek PIL is emblematic of a pivotal moment in the ongoing evolution of technology law.
Himanshu Mukim
Mar 297 min read
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Draft Digital Data Protection Rules: A Departure to ‘Data Localization’
There is lack of clarity on data transfer that comes with proposed draft rules and it requires thorough consultation before implementation.
Vaibhav Singh Tiwari
Feb 137 min read
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CCI’s Path Forward: Leveraging CJEU’s Insights on Data Protection and Competition Law
This piece attempts to analyse the effects of CJEU’s judgement on the powers of Bunderskallmt.
Siddharth Chaturvedi
Dec 31, 20235 min read
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Cryptocurrency to Cryptography: Analyzing the DPDP Act vis-Ã -vis Blockchain Startups
With upscaling of cryptocurrency, the thin line between respecting one's privacy and breaching it willingly or unwillingly will vanish.
Priyansh Sharma, Rujhan Khandelwal
Sep 26, 20236 min read
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Testing National Financial Information Registry Framework on the Touchstone of Data Protection Law
The successful implementation of NFIR policy is fundamental since it has potential to improve India’s credit landscape.
Parth Kantak
Sep 9, 20237 min read
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The Upcoming Financial Regulatory Framework under the DDP
The present article attempts to look at the regulatory framework for the financial sector in the upcoming data privacy regime.
Varuni Tewary
Mar 15, 20237 min read
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Regulation of Cross-Border Flow of Data under India's Proposed Data Protection Law
Author analyses the provisions regarding cross-border transfer of data in the draft Digital Personal Data Protection Bill 2022.
Sibasish Panda
Jan 31, 20234 min read
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Regulating Algorithms through Data Protection Laws: Reigning the Unruly Horse
The present status of uncertainty around regulation of AI and data protection in India calls for a revisit.
Gaurav G. Arora, Aditi Richa Tiwari
Nov 10, 20223 min read
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Data Protection Aspects in Merger Reviews
The author argues that when determining an appreciable adverse effect on competition, we must consider privacy-friendly substitutes.
Lakshmi Nambiar
Aug 10, 20215 min read
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