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in Focus
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Labour
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Haryana State Employment of Local Candidates Act, 2020 struck down as unconstitutional |
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In 2021, the HSELC was enacted to provide for 75% employment of local candidates by private employers earning a specified gross monthly salary or wages (initially up-to Rs.50,000, later amended to up-to Rs.30,000). The Act was challenged before the Hight Court of Punjab and Haryana. On November 17, 2023 the High Court struck down the law and the High Court held that the Act violated Article 19 of the Constitution because it imposes an unreasonable restriction on an individual's right of free movement throughout the territory thereby discriminating against domicile of other states.
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SEZ
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Hybrid work model extended till December 2024 for employees of IT-ITeS units in SEZ |
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The Department of Commerce, MoCI has enabled hybrid working model for the Information Technology - Information Technology enabled Services units operating in SEZs up to December 31, 2024.
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Over the last one year, the trend of employees returning to offices has risen significantly. As per industry feedback, it will take some more time for the transition to stabilise. The recent notification enhances ease of doing business for the industry.
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REPRESENTATIONS
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TRAI
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Pre-Consultation Paper for Formulation of National Broadcasting Policy |
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We made a submission to TRAI on the pre-consultation paper to formulate India’s first NBP. Our primary recommendation is that with changing technologies, the manner of delivering/distribution and viewing content is evolving and the NBP is an opportunity to acknowledge these differences. For example, digital media like OTTs needs to be distinguished from traditional mediums like television or cinemas theatres. Further, bundling of different services should not be equated to be mean "convergence of technology” and it is not a justification for creating a “converged regulatory framework".
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MoF
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OECD Pillar One Multilateral Convention |
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The OECD released the text of Pillar One multilateral convention. Publication of the convention moves the international community one step closer towards finalisation of the Two-Pillar Solution to address the tax challenges arising from the digitalisation and globalisation of the economy. Importantly, it is also intended to eliminate the imposition of digital services taxes and relevant similar measures. The multilateral convention provides a basis to governments for the co-ordinated implementation of the fundamental reform to the international tax system and represents significant progress towards opening the Convention for signature. |
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We have made a submission to MoF providing feedback/ inputs on the multilateral convention. As part of our submission, we have highlighted that: a) threshold for marketing distribution safe harbour should be lowered or removed; b) segmentation rule for determining allocation of profits under Amount A should be removed; c) threshold for autonomous domestic business exemption should be relaxed to allow for more exclusions, amongst others. |
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NFRA
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Circular issued by NFRA regarding responsibilities of statutory auditors to report fraud |
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We have made a representation to NFRA highlighting that NFRA circular deviates from the provisions of S. 143(12) of Companies Act and ICAI guidance note on reporting of fraud under S. 143(12) of Companie Act. We have requested NFRA to use reference to S.143(12) of Companies Act to refer to reporting of frauds that are identified by auditor during performance of audit. For other frauds, the NFRA circular should not refer to
S. 143(12) and instead refer to ICAI guidance to reiterate the steps to be taken by auditors to see if the fraud has been appropriately addressed by the management. |
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DIALOGUE & DISCUSSION
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Government of Gujarat
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Experience sharing session on e-commerce under GST
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We conducted a discussion and experience sharing session for more than 200 officials from Gujarat government on the business models of e-commerce companies to enable greater efficiency in enforcement of GST provisions. During the session, we discussed about TCS provisions and compliances applicable to e-commerce operators and sellers along with different e-commerce business models being followed by marketplace, cab and food aggregator. The session was well received by the officers. We plan to conduct similar sessions in other states as well.
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MEITY
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Webinar on Making Consent Meaningful under the DPDPA 2023
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We co-hosted this webinar with the Future of Privacy Forum.
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Panel 1 on Designing Notices & Requests for Meaningful Consent
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Panel 1 featured Paul Breitbarth (Data Protection Lead, Catawiki, & Member of the Data Protection Authority, Jersey), Eduardo Ustaran (Partner, Global Co-Head of Privacy and Cybersecurity, Hogan Lovells), Eunjung Han (Consultant, Rouse), and Swati Sinha (Japan and China Privacy Officer and Senior Counsel, Cisco). The discussion shed light on possible limitation of a consent-centric approach and response by regulators globally, sectoral responses to standardised notice requirements, and the importance of ensuring compliance with data protection principles regardless of grounds of processing, throughout the data processing lifecycle, among others. To access the recording, please click here.
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Panel 2 on Examining Consent and its Alternatives
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Panel 2 featured Francis Zhang, Deputy Director, Data Policy, PDPC Singapore, Leandro Aguirre, Deputy Privacy Commissioner, Philippines National Privacy Commission and Kazimierz Ujazdowski, Member of Cabinet, European Data Protection Supervisor. The discussion focused on learnings from Singapore on voluntary provision of personal data and express denial of consent as an alternative to consent for processing personal data, assessment of lawful ground for processing, impact of consent fatigue being realised by regulators, among others. To access the recording, please click here.
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MEITY
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Meeting on minimising harmful synthetic media
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MEITY organised two meetings to address issues related to deepfakes, one chaired by the Union Minister and the other by the Minister of State. The former emphasised devising an action plan for detecting, preventing, fortifying reporting mechanisms, and enhancing user awareness regarding deepfakes. The latter meeting, led by the MoS, concentrated on the responsibilities of platforms within existing laws to combat deepfakes. We participated in both the meetings and are in discussion with the industry on topics such as reporting of prohibited content, state of the technology on labelling/ watermarking of synthetic content, user reminders on non-compliance consequences, and awareness campaigns for detecting deepfakes. In case this is of interest to you, please write to policy@nasscom.in.
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NEW & UPCOMING
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Ministry of Information and Broadcasting
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Public consultation on Broadcasting Services (Regulation) Bill, 2023 |
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The Government has released the Broadcasting Services (Regulation) Bill, 2023 for public consultation. Once enacted, the new law will replace the Cable Television Networks (Regulation) Act, 1995. The last date to submit comments is December 09, 2023. We encourage the industry to share their feedback with us by writing to sudipto@nasscom.in.
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RBI
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New Regulation for Cross-Border Payment Aggregators |
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RBI issued the new Payment Aggregator – Cross Border Regulation with the aim of regulating entities seeking to facilitate cross-border payments for import and export of goods and services. We are preparing to highlight the industry’s feedback to RBI in this regard. We encourage the industry to share their feedback with us by writing to garima@nasscom.in.
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DoCA
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Product Safety pledge by e-Commerce Platforms |
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The Department of Consumer Affairs has constituted a committee to prepare a product safety pledge to be undertaken voluntarily by e-commerce platforms, aimed to prevent the sale of unsafe products, raise awareness among sellers and consumers and cooperate with regulator and enforcement authorities. We are seeking inputs from the industry on the kind of commitments that will make this pledge useful. Kindly share your feedback by writing to garima@nasscom.in.
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SEBI
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Call for inputs: Consultation paper on providing flexibility in provisions relating to 'Trading Plans' |
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SEBI has released a consultation paper on providing flexibility in provisions relating to ‘Trading Plans’ under the SEBI (Prohibition of Insider Trading) Regulations, 2015. In case you have any feedback/ inputs, please write to tejasvi@nasscom.in before December 8, 2023.
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TRAI
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| Call for Inputs - Consultation Paper on Digital Transformation through 5G Ecosystem
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The deadline for submitting comments on TRAI’s consultation paper titled Digital Transformation through 5G Ecosystem has been extended till December 26, 2023 (for comments) and January 8, 2024 (for counter-comments). In case you are interested in the subject, please provide your inputs by writing to us at policy@nasscom.in.
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OTHER UPDATES
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Haryana government
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Pre-consultation meeting for formulation of Emerging Technology policy
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The DIC, Haryana Government is formulating a policy on Emerging Technology and has called a pre-consultation meeting with the concerned stakeholders. The meeting will involve discussions on industry needs, infrastructure requirements, and any specific regulatory support required in the sector. A pre-consultation meeting is being organised by the government on December 13, 2023. For more information, kindly write to sudipto@nasscom.in. |
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Delhi Government
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Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme, 2023
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Government of NCT of Delhi has published a policy for licensing and regulating passenger providers of passenger transport services and goods delivery services in NCT of Delhi. The policy aims to achieve a 100% electric fleet by 2030 by implementing electrification mandates in a phased manner, licensing framework for aggregators and service providers and consumer protection mandates such as, off-boarding problematic drivers etc. |
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