Author: Tech Law Forum NALSAR

Regulating Real Money Games: Examining Alternatives to Prohibition (Part I)

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[This is the first part of a two-part post authored by Mitali Kshatriya, a fourth-year law student at RMLNLU, Lucknow. Part II can be found here]

The Indian Gaming Industry is expected to swell to $2.8 Billion with an annual growth rate of 40%. Indian gamers have a 13% share of global game sessions and are expected to add 40 million online gamers during 2020−22. A significant part of India’s gaming industry consists of real money gaming. The increasing popularity of real money games has led to problems such as addiction, misleading advertisements, overspending by users etc. This has led states enacting knee-jerk legislations imposing blanket bans on real money games.

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Legal issues with Blockchain in Corporate Governance System of Indian Banks

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[This post has been authored by Harinie. S, a fourth-year law student at Symbiosis Law School, Hyderabad]

The recent onset of economic recession highlights the need to overhaul the governance system of the largest player of the economy- the banks. The failure of Lakshmi Vilas Bank and Yes Bank, and the downfall of Dhanalakxmi bank’s management are a result of a bad corporate governance system. The same has been acknowledged by the Reserve Bank of India (‘RBI’).

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The Insurtech Revolution: What Lies Ahead for India? (Part II)

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[This post has been authored by Angeline Priety and Nisha Nahata, fourth year law students at Gujarat National Law University, Gandhinagar. Part I can be found here.]

In Part I of this essay, we looked at how Insurtech is shaping up in India within the current legal framework. Identifying emerging risks is essential to ensuring the industry is here to stay. In Part II, we look at the challenges before the industry and suggest recommendations to build trust in the minds of the consumers.

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The Insurtech Revolution: What Lies Ahead for India? (Part I)

Posted on by Tech Law Forum NALSAR

[This post has been authored by Angeline Priety and Nisha Nahata, fourth year law students at Gujarat National Law University, Gandhinagar. Part II can be found here.]

In recent times, data driven sectors have been going over and beyond to harness technology to consolidate, utilise and analyse data from various sources for efficient functioning. In the Insurance industry, these efforts have led to the creation of the Insurtech sector. In Part I of this essay, the authors shall elucidate the emerging models of insurtech and the Indian legal framework governing it. In Part II we shall highlight the challenges that the Insurtech industry faces and proposes recommendations to navigate through them.

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Duty of a Data Fiduciary to Report a Breach: Part II

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[This post has been authored by Ms. Vasundhara, Managing Partner, Verum Legal and Mr. Mudit Kaushik, Counsel, Zeus IP. Part One can be found here]

International Precedents and Comparison
While every nation in the world strives to ensure the digital security of its citizens, there are very few legislative developments to back up the claim. The General Data Protection Regulations of the European Parliament that became effective from May 2018, is a unique legal framework that enforces a unilateral form of data security laws that all EU members comply with, to ensure the protection of the European market as a whole.

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Duty of a Data Fiduciary to Report a Breach: Part I

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[This post has been authored by Ms. Vasundhara, Managing Partner, Verum Legal and Mr. Mudit Kaushik, Counsel, Zeus IP. Part Two can be found here]

Data breaches have become an issue for companies in the digital era, with no entity being spared for direct or even indirect involvement in a breach. Recently, Dominos Indiawas subject to a data breach by an unidentified hacker who allegedly took over 20 crore order details from Domino’s India server. What must have been worrisome for Dominos India would have been the fact that they collect information such as their customer’s name, email address, contact details, location and their address.

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Exploring the Feasibility of Pretrial Risk Assessment Tools

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[This post has been authored by Tanvi Tanu and Sakshi Tulsyan, 2nd year students at the University of Petroleum and Energy Studies, Dehradun.]

The biases and inequalities are infused in the criminal justice system and are baked into the algorithmic tools, Pretrial Risk Assessment instruments being one of them. These tools are used in the determination of a qualitative value of risk related to the non-appearance of a pretrial defendant at trial; they are lauded as a substitute for the perturbing cash-reliant bail system. 

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Right to Privacy at the Mercy of the Executive: Part II

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[This two-part essay has been authored by Aarya Pachisia, a 4th-year law student at Jindal Global Law School. Part One can be found here.]

Continuing the argument of how the executive seeks to control different actors under the Bill, this article focuses on executive control over the citizens. I advance the argument in two parts. First, I argue that under section 35 of the Personal Data Protection Bill, 2019  (‘the Bill’), a notification by the executive can exempt any stage agency from obtaining consent to process data of the citizens. There is no oversight mechanism envisaged by the Legislature under the Bill, as recommended by the Committee to validate or invalidate such notifications. Second, I argue that the Bill also considerably dilutes the consent framework under the Bill and drifts away from the concept of allowing the data subject to exercise control over personal data at every stage. 

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