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in Focus
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MEITY
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Roundtable on Digital India Act |
On April 28, 2023, nasscom, IT for Change,
the ICRIER Prosus Centre for Internet and
Digital Economy (IPCIDE) jointly held a
public consultation with a diverse set of
representatives across industry, civil
society, technology policy, and academia to
discuss the contours and possible components
of the proposed Digital India Act (DIA). The
consultation was organised around five
sessions on (1) designing the Act (2) user
rights, harms and redress (3) intermediary
liability & platform regulation (4) digital
infrastructure & public services and (5)
cybersecurity & law enforcement assistance.
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REPRESENTATIONS
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MOF
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Timeline for reporting GST invoices to
portal |
We made a representation on the advisory
issued on the GST portal specifying timeline
for e-invoice generation. We highlighted
technical and operational challenges with
this timeline and requested for withdrawal
of the proposal to restrict generation of
e-invoices beyond 7 days from invoice date.
We also requested the government to defer
implementation of the advisory and implement
the same w.e.f from October 1, 2023. This
will provide time for industry to
effectively comply with these requirements.
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TRAI
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Convergence of carriage of broadcasting and
telecommunication services |
In its feedback to the consultation paper,
nasscom submitted that the current
legislative framework where carriage and
content are regulated under two different
legislations, is working efficiently and
requires no intervention. We also referred
to our past submission on the Draft Indian
Telecommunications Bill, 2022 to
state that it is well-recognised, in
existing policy, that different 'layers' of
the Internet are construed separately and
constituting different markets for physical
infrastructure, networks, applications, and
content. Given this distinction, digital
services require specialised legislation
like the IT Act and a separate regulatory
framework distinct from the regulatory
principles that govern and regulate
telecommunication services. |
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EPFO
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Representation on EPS-95 |
We made a representation regarding the
concerns raised by the industry on EPS-95.
We have requested a comprehensive list of
frequently asked questions (FAQs) to address
the commonly raised queries from the
industry. We also sought an industry-wide
meeting with the EPFO to discuss and address
the concerns raised by the industry.
Considering the existing operational and
procedural concerns with the application
process under EPS-95, we have requested a 3
months extension. For more information,
please write to policy@nasscom.in.
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DIALOGUE & DISCUSSION
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AI
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Roundtable on generative AI Models (GAIMs)
and the Digital Personal Data Protection
Bill |
Nasscom is taking the initiative to reach
out to its members and structure a series of
roundtables for industry level dialogue and
engagement on policy issues concerning
GAIMs. The first roundtable in the series
was held on April 19, 2023. The objective of
the roundtable was to build an industry view
on compliances and concerns with respect to
the DPDPB considering GAIMs. |
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Tax Laws
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Roundtable discussions on impact of changes
in US tax law |
We conducted two sessions in Mumbai and
Bengaluru on April 26, 2023, and April 27,
2023 respectively. The sessions provided
insights on the key US tax changes and the
potential challenges. Attendees were also
made aware of ongoing issues faced by tech
companies in the India HQ group,
particularly around R&D expenses and tax
credits due to the requirement for mandatory
capitalization. |
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DGFT
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Roundtable on Global Authorisation for Intra
Company Transfers (GAICT) |
We conducted a roundtable discussion with
the industry to gather feedback on
industry's experience on the bulk-licensing
policy - GAICT, which was revised and
introduced in July 2022. The discussion
provided insights on the limitation of the
existing scope of GIACT and the need to
include certain other sub-categories from
SCOMET Category 8 to the GAICT policy.
Industry also highlighted concerns around-
delay in responses by the DGFT to industry's
queries, the turnaround time of GAICT
applications, and clarification on the
information sought under post-shipment
requirements under SCOMET or GAICT
applications. Kindly write to us on the on
the need for additional SCOMET Category 8
sub-categories that should be included under
the GAICT policy - via mail to policy@nasscom.in.
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NEW & UPCOMING
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MEITY
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Amendments to the Aadhaar authentication for
good governance Rules, 2020 |
MEITY has released draft amendments to
the Aadhaar Authentication for Good
Governance (Social Welfare, Innovation,
Knowledge) Rules, 2020 enabling Aadhaar
authentication by entities other than
Government Ministries and Departments. The
feedback can be submitted through the MyGov
platform by May 5, 2023. Kindly share your
inputs, and suggestions on use-cases on the
proposed amendments via mail to policy@nasscom.in.
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OTHER UPDATES
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MEITY
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IT Rules Amendment on online gaming, fake
news and grievance redressal |
MEITY has notified amendments to the IT
Rules in relation to the regulation of
online gaming, fake news and grievance
redressal. Several of nasscom's recommendations have
been accepted by MEITY, such as, regulating
real-money online games differently from
other casual online games, narrow-down the
definition of online gaming intermediaries,
undertaking a risk-based approach towards
KYC etc. In a connected development, MEITY
also filed an undertaking before the Bombay
High Court that a fact-checking unit will
not be notified before July 5, 2023. |
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FEDAI
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Concerns regarding delays by banks in
reconciling export documents |
In response to a request from nasscom, FEDAI
has advised banks to acknowledge receipt of
export documents submitted by the exporter
and establish digital systems for receiving
export documents against inwards
remittances. This is an important step
towards improving the ease of doing business
for exporters in India. |
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RBI
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Master Directions on outsourcing of IT
services |
RBI has notified the master directions
for outsourcing of IT services by regulated
entities, with the objective of ensuring
that outsourcing arrangements neither
diminish the ability of regulated entities
to fulfil their obligations to customers nor
impede effective supervision by RBI. Some
suggestions made by nasscom have been
accepted by RBI. |
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List of Acronyms
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CPCB
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Central Pollution Control Board
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DIA
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Digital India Act
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DOCA
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Department of Consumer Affairs
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DOT
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Department of Telecommunications
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DPIIT
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Department for Promotion of Industry and Internal
Trade
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EPS
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Employee Pension Scheme
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FEDAI
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Foreign Exchange Dealers Association of India
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GAICT
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Global Authorisation for Intra Company Transfers
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GAIM
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Generative Artificial Intelligence Model
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GST
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Goods & Service Tax
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IT
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Information Technology
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MEITY
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Ministry of Electronics & Information Technology
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MOF
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Ministry of Finance
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MRD
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Ministry of Rural Development
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MCA
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Ministry of Corporate Affairs
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PAN
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Permanent Account Number
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RBI
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Reserve Bank of India
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SDG
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Sustainable Development Growth
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TRAI
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Telecom Regulatory Authority of India
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UN
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United Nations
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RBI
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Reserve Bank of India
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WA
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Wassenaar Arrangement
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KYC
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Know Your Customer
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Copyright © 2023, nasscom |
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