Data Protection & Privacy

The capabilities to create, use, store, and transfer data has been one of the major and ever-changing developments of the recent decades. However, the challenge is in securely handling the information as data management is becoming increasingly complicated. This is more so because of the cross-border transportation of sensitive personal data, and the multi-jurisdictional and cloud-based storage of data and the involvement of various national and international laws. Therefore, understanding and implementing a legally compliant and practically viable data protection infrastructure is extremely important for companies.

India’s data protection and privacy laws are relatively new, and in addition to the specific laws, various other domestic laws may also impact data protection and privacy in India. Therefore, a comprehensive and clear understanding of all applicable Indian laws is very significant for international companies exchanging any data or information with Indian counterparts.

The Firm has significant experience in counselling international clients on issues related to data protection and privacy in India. Our attorneys regularly represent a variety of businesses on a number of complicated transactions, thereby attaining in-depth knowledge about how different industries function, the specific concerns with respect to data and information management, and the practical aspects.

The clients range from industries such as banking and insurance, financial institutions, luxury goods, consumer goods, health care, payroll processing companies, pharmaceuticals, telecommunications and internet service providers, credit research agencies, employee screening companies, etc.

Our data protection and privacy practice has grown as one of the best practices in India, based on the quality of deliverables, practical, clear and timely advice, and the ability to provide comprehensive business solutions in a legally compliant manner.

In addition to providing regular legal advice on issues involving data protection and privacy, we also assist a number of international companies on global privacy law projects that involve India, drafting and negotiating contracts with Indian counterparts, preparation of Indian law compliant data protection and privacy policies for international companies’ Indian subsidiaries.

We provide extensive support to our clients in the following areas:

• Advising on processing data domestically, complying with the regulatory requirements and the disclosure of processing to data subjects.
• Advising on transfers of sensitive personal data within and outside India.
• Advising on security breaches and drafting security breach policies.
• International compliance projects including implementing corporate rules and handling cross-border data flows.
• Advising on prosecutions and offences, and on actions by the regulators.
• Conducting audits.
• Drafting legally compliant agreements, consent forms, etc.