Traversing the Contours of Safe Harbour: Comparison of India and US (Part I)

Posted on by Tech Law Forum NALSAR

This is the first part of a two-part post authored by Kavya Jha and Ananya Singh, fourth-year law students at RGNUL, Punjab. 

In light of the ongoing attempts to provide intermediaries with the right degree of protection, this essay seeks to juxtapose the Indian approach to safe harbour protection with the American approach. It argues that both these jurisdictions have taken opposite but extreme approaches: while India has narrowed down the safe harbour protection from what was originally intended by the legislature, the American courts have interpreted the safe harbour provisions so expansively that an imbalance has been created in favour of the intermediaries. The essay, thus, recommends a balanced approach to providing safe harbour protection to intermediaries.

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Policy Lessons for India from Europe’s Artificial Intelligence Act

Posted on by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2021-22. It has been authored by Mehreen Mander, a fourth year student of NALSAR University of Law.]

Of late, the Government of India has been prioritizing the development, adoption and promotion of Artificial Intelligence. In 2018, substantial funding was allocated to the national program for artificial intelligence. Many Union Ministries are also making great leaps in the field of AI. In 2017, the Union Ministry of Commerce and Industry set up an AI Task Force which, in its report, hailed the potential of AI to be a solution to many socio-economic problems across ten identified sectors. Furthermore, the Union Ministry of Electronic and Information Technology set up four committees to prepare a roadmap for the National Artificial Intelligence Programme.

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

Posted on by Tech Law Forum NALSAR

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

In Part I, the article highlighted the incongruous legislative framework for regulating real money gaming sector followed by the possibility of introducing central laws for regulating the sector. In Part II, the article aims to highlight various regulatory measures which can be adopted to mitigate adverse effects of real money gaming without impeding the growth of the sector.

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

Posted on by Tech Law Forum NALSAR

[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

Posted on by Tech Law Forum NALSAR

[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)

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 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

Posted on by Tech Law Forum NALSAR

[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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