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in Focus
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MEITY
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Draft rules under the DPDPA expected soon
for public consultation |
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MEITY is close to releasing, in one go, all
the rules under this Act for public
consultation. In preparation for this major
step towards implementing the Act, we have
highlighted to MEITY that:
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the importance of notifying, at an early stage, the specific criteria for significant data fiduciaries and provide information on the eligibility for availing exceptions in sections 17(3), 9(4) and 9(5), so that organisations can accordingly build their compliance program.
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issue or recognise mechanisms for guidance on key terms and obligations which are not attached to rulemaking (e.g., on 'technical and organisational measures', 'detrimental effect on well-being of the child', or 'security safeguards' etc.).
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ensure rules take a risk-based approach (especially those on breach reporting and verifiable consent).
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the kind of compliance activities that will take time, after the rules are finalised. For those who do not have GDPR experience, the timeframe to build out the compliance readiness would need to consider the range of steps to be implemented. Even for those that are ‘GDPR compliant’, a reasonable time would be needed, specially to account for a few unique features in the DPDPA.
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DGFT
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Implementation of import authorisation for IT Hardware |
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Pursuant to nasscom's request, DGFT has provided important written clarifications regarding the implementation of this import authorisation. These are:
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SEZ units and STPI units do not need an import authorisation for captive consumption.
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there are no import restrictions on spares, parts, assemblies, components, etc.
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all import authorisations will be issued and shared with customs electronically.
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The DGFT is holding weekly industry meetings to address any challenges in obtaining the import authorisation. The DGFT has said that all applications for authorisations have been processed & granted.
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DIALOGUE & DISCUSSION
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DGFT
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Export Control
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We participated in the Malaysia Strategic Trade Summit 2023 organised by the Ministry of Investment, Trade and Industry of Malaysia in partnership with the U.S. Export Control and Border Security (EXBS) Program and the U.S. Department of Energy. Developments and experiences on export control regulations, specifically in relation to intangible technology transfers, given the rapid pace of technological developments, were discussed.
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Government of Haryana
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Labour Department
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Nasscom led a small industry delegation to meet the new Principal Secretary, Labour Department, Government of Haryana. We discussed insights from the tech industry and explored avenues of collaboration to further strengthen ease of doing business in the state of Haryana.
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MEITY
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Data Protection Series | Implementing India's new Data Protection Law and Employment in India
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The Nasscom public policy team is hosting a series of webinars examining the DPDPA from different perspectives. In the second episode (held on October 5, 2023), we were joined Gowree Gokhale (Partner, Nishith Desai Associates), Dr Ruchi Agarwal, (Assistant General Counsel & DPO – India, Genpact), and Abha Tiwari, (Head of Legal and DPO, Renault). who provided an overview of the new law in the context of employment in the industry, and discussed questions raised by the industry like the scope of ‘employment purpose’ under section 7, and the application of the Act on how the Act applies when companies use employment tools and systems offered by third parties, such as vendors and partners. The recording of the webinar can be found here.
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MEITY
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Data Protection Series | Implementing India's new Data Protection Law and GCCs in India
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In the third episode (held on October 6, 2023), we were joined by Sreenidhi Srinivasan (Partner, Ikigai Law), Vivek Sarkale, (Director, EY), and Nitin Dhavate, (DPO - APA, Novartis), who provided an overview of the new law in the context of applicability to Global Capability Centres and discussed the key considerations for contracts by GCCs under the Act, when GCCs may act as Fiduciaries under the Act, among others. The recording of the webinar can be found here. |
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MEITY
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Data Protection Series | Implementing India's new Data Protection Law and Corporate Governance in India
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In the fourth episode (held on October 25, 2023), EY India joined us as a knowledge partner. We were joined by Stephanie Higgins, (Chief Privacy & Data Ethics Officer, Cognizant); Monika Tomczak-Gorlikowska, (Chief Privacy Officer, Prosus Group); Bibhav Pradhan, (Senior Legal Counsel & Data Privacy Advisor - South Asia, Unilever); Abhijit G. Poonja, (Director – Legal, Flipkart); Mini Gupta, (Cybersecurity Consulting Partner, EY India); Ashish Aggarwal, (Head - Public Policy, nasscom), and discussed key considerations for industry from a corporate governance perspective, such as how organisations should approach appointing data protection officers, defining 'technical and organisational measures', and preparing to demonstrate the validity of consent collected as part of their accountability obligations. The recording of the webinar can be found here.
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NEW & UPCOMING
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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 27th November, 2023 (for comments) and 11th December, 2023 (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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TRAI
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Call for Inputs - Pre-Consultation Paper on Inputs for Formulation of "National Broadcasting Policy" |
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The deadline for submitting comments on TRAI's pre-consultation paper on inputs for formulation of the "National Broadcasting Policy" has been extended till 7th November 2023. In case you are interested in the subject, please provide your inputs by writing to us at policy@nasscom.in.
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TRAI
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Call for Inputs - Consultation Paper on Encouraging R&D in Telecom, Broadcasting, and ICT Sectors |
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The last date for submitting comments on the consultation paper has been extended till 23rd November, 2023 (for comments) and 7th December, 2023 (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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OECD
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Call for Inputs - OECD Pillar One Multilateral Convention |
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The OECD has released the text of the Multilateral Convention to implement Pillar One Amount A accompanied by Explanatory Statement and Understanding on Application of Certainty of Amount A. A copy is attached for your ready reference. In case you have any feedback/ inputs, please write to tejasvi@nasscom.in before November 9, 2023.
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Government of Kerala
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| Call for Inputs - Kerala IT Policy 2023 Draft
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The last date to submit comments is November 10th, 2023. The policy, and portal for submitting feedback, is available here. In case you are interested in the subject, please provide your inputs by writing to us at policy@nasscom.in.
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RBI
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RBI has issued new regulations for cross-border payment aggregators |
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On October 31, RBI issued new regulation for cross-border payment aggregators. The new regulations entail requirement of authorisation by RBI for non-banks carrying our cross-border payment aggregation. It also contains net-worth based eligibility criterion. We are evaluating the impact of these regulations and encourage the industry to write to policy@nasscom.in to share their feedback.
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OTHER UPDATES
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MoF
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Non-resident can file Form 10F electronically without obtaining PAN in India
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Based on our recommendations, MoF has not allowed non-resident taxpayers to file form 10F without mandatorily obtaining PAN in India. For this, MoF has enabled a new category for non-resident taxpayers not having a PAN in India to register on the income tax portal for filing form 10F. |
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Government of Madhya Pradesh
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IT ITeS & ESDM Investment Promotion Policy
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The Madhya Pradesh Government notified the Madhya Pradesh IT, ITeS & ESDM Investment Promotion Policy, 2023 on October 6th. The Policy aims to attract investments and employment opportunities in IT/ITeS/ESDM and allied sectors. Eligible entities can claim various benefits/assistances such as financial assistance and regulatory exemptions under this policy. More information is available here. |
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MoC
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Clarification on Instruction 95 issued by Department of Commerce in June 2019
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MoC has issued a clarification on Instruction no. 95 to clarify that zero rating benefit under GST continues to be available for lease rental /other charges collected by Developer from units for the space utilised for creation of employee welfare facilities exclusively for the employees of SEZ units. |
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CBIC
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GST: Circulars pursuant to 52nd GST Council meeting
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Pursuant to 52nd GST council meeting held on October 07, 2023, the CBIC has issued 3 circulars, a) Clarification in relation to receiving of export proceeds in special INR Vostro account; b) place of supply for transportation of goods, advertisement and co-location services; and c) personal guarantee provided by director of a Company to bank or financial institutions for sanctioning of credit facilities to the company. |
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MEITY
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Release of Expert Group on AI under IndiaAI pillars
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MeitY has constituted seven expert groups under IndiaAI to extensively explore and suggest approach towards AI in India. The first report by the expert groups published in October 2023 has outlined various aspects of infrastructure, governance, skilling, data, and finance for developing AI strategy. It proposes establishing three Centres of Excellence for knowledge creation and innovation with collaboration from relevant stakeholders. It also focuses on public-private partnerships to lead AI innovation. The report is here. |
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G7
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AI Hiroshima Process Leaders Statement
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The G7 Leaders released a statement on October 30, 2023, emphasizing the potential of advanced AI systems, such as foundation models and generative AI, while recognizing the importance of managing risks and safeguarding democratic values. They endorsed the Hiroshima Process International Guiding Principles and Code of Conduct for Organizations Developing Advanced AI Systems and called on organizations to commit to these standards. The G7 Leaders instructed relevant ministers to accelerate the development of a Hiroshima AI Process Comprehensive Policy Framework. The full statement is here. |
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