NASSCOM : Public Policy | Volume 4 | Issue 2

Post Budget Memorandum 2023-24

Based on feedback received from the industry, we have submitted a detailed post budget memorandum to the Ministry of Finance highlighting our concerns and recommendations to strengthen the Budget proposals. Our focus is with respect to the possible unintended outcomes of some of the proposals and implementation related concerns including clarity in relation to tax deductions, penalty provisions, GST etc.

Notification on Women Employees in Night Shifts in Haryana

On February 21, 2023, the Department of Labour, Haryana Government issued a revised notification on the employment of women employees in Night Shifts. This revision has done away with certain conditions imposed earlier which posed operational challenges and could have been counter-productive for women employees.

Feedback on Proposed Amendments to IT Rules on Fact Checking Misinformation

On February 20, 2023, we submitted that this proposed amendment be reconsidered, and a dedicated consultation paper on misinformation be floated, because (i) a well-defined problem statement is required (ii) existing policy options, such as voluntary codes of practice or notifying the list of agencies that may issue takedown notices under the existing rules, should also be explored as alternative solutions.

Draft Standards for Fairness Assessment of AI Systems

Nasscom in its feedback submitted that TEC has adopted a good approach on standardisation for adoption of uniform metrics around the implementation of AI systems. However, adoption of AI is sector specific and not sector agnostic. There is a need to initiate a joint exercise between TEC, sectoral regulators, and industry to test the Draft Standards for fairness assessment within each domain.

Extension of March 2023 Deadline w.r.t. EPS-95

The Hon’ble Supreme Court (SC) judgement of November 4, 2022 instructed the office of the EPFO to allow certain category of employees to apply for the option of higher pension benefits by contributing to EPS calculated on actual salary and not on the wage ceiling. A four months window was granted for this. To duly comply with the SC directions, NASSCOM represented to EPFO office for an extension of the deadline of March 03, 2023.

NASSCOM is organising a knowledge session on EPS-95 on March 07, 2023 between 11AM–1PM. To register for the session, please click: https://forms.office.com/r/BfWtazRyk4

Jan Vishwas Bill: Representation on Amendments to the IT Act 2000

On February 15, 2023, we submitted a representation to the Joint Committee highlighting that some of the proposed amendments to the IT Act did not fit the aims of the JVB because they (i) either did not amount to decriminalisation or rationalisation of offences or (ii) were better suited to be taken up as part of the larger effort to replace the IT Act.

Licensing & Regulatory Framework for Submarine Cable Landing in India

Nasscom submitted its feedback to Telecom Regulatory Authority of India (TRAI) on February 23, 2023, primarily highlighting two main points. These were the need for facilitating additional cable landing stations (CLSs) infrastructure for network diversity and augmenting bandwidth and the need for expediting timelines for regulatory approvals required for cable repairs in Indian territorial waters.

Roundtable Discussion on: Impact on Startups of the Proposal in Union Budget to Amend Angel Tax Provision

On February 8, 2023, nasscom organised an industry round table discussion to discuss the impact of the amended angel tax provision on the startups. The discussion focussed around the implications and concerns of the startups. The industry also deliberated on the ways to minimise the impact. Based on suggestions made during the discussion, the issue has been suitably taken up as part of the post budget memorandum.

TRAI: Consultation Paper on Convergence of Broadcasting & Telecom Services

This Consultation Paper (CP), which was issued on January 30, 2023 by TRAI, discusses the concept of convergence and its implications for the existing regulatory framework for telecom, broadcasting and "over-the-top" services. The deadline for sharing comments to the TRAI is March 27, 2023. Please share your feedback on the CP to sudipto@nasscom.in, vertika@nasscom.in or varun@nasscom.in by March 15, 2023.

SEBI: Call for inputs on consultation papers released

SEBI has released four consultation papers to strengthen the corporate governance framework applicable to listed companies in India. These pertain to
(1.) Streamlining disclosures by listed entities and strengthening compliance with SEBI LODR Regulations;
(2.) Strengthening corporate governance at listed entities by empowering shareholders - Amendment to SEBI LODR regulations;
(3.) Amendments to SEBI ICDR Regulations with the objective of increasing transparency and streamlining certain processes;
(4.) ESG disclosures, rating and investing.
We have already requested members to share their feedback on the above consultation papers.

TRAI: Digital Connectivity Infrastructure Provider (DCIP) Authorisation under Unified License (UL)

The Consultation Paper frastructure Provider (DCIP) Authorisation under Unified License (UL) This Consultation Paper (CP), which was issued on February 9, 2023 by TRAI, discusses the concept of authorisation to establish, maintain, and work all equipment for wireline access, radio access and transmission links, except the core equipment and holding of spectrum. The deadline for sharing comments to the TRAI is March 9, 2023. Please share your feedback on the CP to sudipto@nasscom.in or vertika@nasscom.in by March 6, 2023.

Circular on Cybersecurity Best Practices

On February 22, 2023, SEBI released a new circular on cybersecurity best practices applicable to all entities regulated by SEBI, who are expected to comply with them as part of their existing cybersecurity audit and reporting requirements. For more information, please contact vertika@nasscom.in or varun@nasscom.in.

FAQs on Digital Lending (DL) Guidelines

RBI published FAQs to clarify industry’s concerns related to the involvement of Payment Aggregators (PAs) in loan disbursal and repayment. The FAQs clarify that PAs also acting as a Lending Service Provider (LSP) must comply with the DL Guidelines. This means that PAs can be involved in loan repayment and disbursal, as long as they are not functioning as a LSP also.

Portal for Filing Appeals under IT Rules 2021 to Grievance Appellate Committees launched

As we noted last month, MEITY had constituted three GACs under the IT Rules 2021. This month, MEITY launched the portal for filing appeals before the GACs. The portal includes a series of FAQs on the GACs and includes a tracker mentioning how many appeals have been received and disposed of so far.

European Data Protection Board (EDPB): Guidelines 05/2021 on international data transfers

In 2022, we had submitted our feedback to the EDPB on their draft guidelines on specific issues pertaining to the treatment of international data transfers under the General Data Protection Regulation (GDPR). In February 2023, the EDPB released the finalised and adopted version of these guidelines. These are relevant when determining which processing operations amount to a "transfer" under the GDPR.

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