in Focus Making Consent Scalable under the DPDPA 2023 At a webinar co-hosted with the Future of Privacy Forum, we discussed key factors that will determine the success of the 'Consent Manager model' proposed under the Digital Personal Data Protection Act. The experts highlighted the need to identify clear use-cases for consent managers and the scope for synergies with existing sectoral parallels, like Account Aggregators. The session on 'operationalising verifiable consent' focused on the need for a risk-based approach to verifiable consent and the scope for consent management platforms to provide scalable solutions for data fiduciaries. Interim Budget 2024-25 The finance minister presented the Interim Budget 2024 on February 1, 2024. The Interim Budget of 2024 articulated a vision for a technology-driven and knowledge-centric nation by 2047. It lay emphasis on DeepTech, technology-enabled development to benefit the last mile, fostering innovation Research & Development and transformational reforms to skill, reskill and upskill India's youth. No changes were proposed in the taxation regime. Key highlights: Proposal to provide a corpus of INR 1 lakh crores with 50-year interest free loan to provide long-term financing/ refinancing with low/ nil interest rates to scale up research and innovation in sunrise domains. Proposal to introduce a new scheme for strengthening deep-tech technologies for defence purposes. Sunset date for incorporation to qualify as eligible startup under S. 80-IAC of Income Tax Act, 1961 has been extended by one year (i.e., till March 31, 2025). Read More

SUBMISSIONS AND REPRESENTATIONS MIB Feedback on the Broadcasting Services (Regulation) Bill, 2023 We submitted feedback to MIB on the Draft Broadcasting Services (Regulation) Bill, 2023. Our recommendations included: (1) removing OTT Services from the regulatory framework of the Broadcasting Bill as they are already subject to IT Rules, 2021, and (2) Given the parallel efforts of regulating OTT services under the DIA, a comprehensive and informed discussion should happen once the draft of DIA is published for consultation. Read More Haryana Feedback on the State of Haryana's proposal on social security law for mobility workers We participated in a consultation meeting with Deputy CM, Haryana on the proposal for a state level social security law for mobility workers. Our feedback highlighted that: (1) a state-wide survey must be conducted to plug mobility workers into the existing state and central government welfare schemes, and (2) any future state law, if made, must align with CoSS and cease to be in effect, once CoSS becomes operational. Read More

DIALOGUE & DISCUSSION Karnataka Presentation to Karnataka Government on 'Know Your Startup Ecosystem' We presented key policies for start-ups and opportunities to leverage the start-up ecosystem, before the officials of Department of Transport, Government of Karnataka. The presentation included overview of initiatives by Central Government and Government of Karnataka to support startups and opportunities to modernise transport infrastructure, managing resources, enforcing traffic rules etc. through using solutions offered by tech startups. Read More Export Controls Participation in the National Conference for Strategic Trade Controls We participated in the first National Conference on Strategic Trade Controls organised by DGFT and MEA. We highlighted the key elements of an effective Internal Compliance Program, especially for intangible technology transfers. We also collaborated with experts from the industry to highlight best practices in this regard. Read More NEW & UPCOMING GST Request for Inputs: GST Memorandum We are identifying key GST issues that need Government's intervention. We want to focus on: (1) top issues impacting the industry with considerable financial ramifications, or (2) issues that are being interpreted adversely and leading to prolonged litigation. In case you have any feedback, please send it to tejasvi@nasscom.in by February 10, 2024. Read More Competition Roundtable on regulating competition in digital markets A joint roundtable on regulating competition in digital markets is being organised by nasscom, IPCIDE and ADBI. The objective of the roundtable is to discuss the possible solutions to effectively address competition harms in digital markets. We intend to use the discussion in this roundtable to develop a policy brief which may inform the thinking of policy makers in designing a regulatory approach that balances consumer interests, ease of doing business and innovation in India. For more information, write to policy@nasscom.in. R&D Call for Inputs: feedback on new mechanism to disburse R&D funds to the industry We are seeking industry's feedback on the best practices that can be highlighted to the government as they establish a new framework for disbursing funds to the industry for defence R&D. If you would like to share views on the appropriate IPR-sharing policies in such public funded R&D projects and the appropriate selection criteria of beneficiaries, kindly write to policy@nasscom.in.

OTHER UPDATES DGFT Notification on Debonding of Second-hand IT Assets from SEZ to DTA DGFT has now allowed movement of used IT assets from SEZ To DTA without a license for further use in their DTA operations given that there is minimum usage of 2 years in SEZ and that the goods are not older than 5 years from the date of manufacture. This movement is also subject to the condition that no exemption from any regulatory requirement was taken at the time of import of used asset into the SEZ. Read More DGFT Clarification on import licence for IT Hardware DGFT has clarified that only the following 5 categories of items under tariff heading 8471 require an import authorisation: laptops, tablets, all-in-one personal computers, ultra small form factor computers and servers. Other items falling under this tariff heading (such as desktop computers) do not require an import authorisation. Read More CBDT Clarification on S.194-O, Income Tax Act relating to tax withholding by e-Commerce Operator CBDT has clarified that the seller-side ECO who finally makes the payment or deemed payment to the seller of goods/ services shall be liable to deduct tax under S. 194-O. Further, it has also been clarified that where GST/ other state taxes are indicated separately in the invoice, then TDS under S. 194-O will apply on the amount credited without including such GST or tax component. These are in line with nasscom's recommendation made to Ministry of Finance. Read More MOF, MCA Indian Public Companies can now List on International Stock Exchanges Indian public companies (listed and unlisted) are now allowed to list on international stock exchanges, as per the amendments notified by the government on January 24, 2024. This is in line with nasscom's recommendation to operationalise the amendments to Companies Act, 2013 which allowed Indian companies to list on foreign stock exchanges. Read More MCA Policy for public consultation MCA has formulated a policy for pre-legislative consultation and for comprehensive review of rules/regulations. This policy is advisory in nature and aims towards carrying out public consultations both at the time of framing original rules and regulations, and at the time of review of the rules/ regulations. This policy shall be effective from January 1, 2024. Read More Diversity and Inclusion 'Booklet on DEI considerations for Indian IT employers' In collaboration with our diversity and inclusion team and knowledge partner Nishith Desai and Associates, we published a booklet summarising the important legislative provisions in India that promote and protect diversity, equity, and inclusion at workplaces. The booklet includes an overview of anti-discrimination laws impacting employers and key obligations regarding protected groups. Read More MOF "Indian Economy - A review" - Summary of Indian growth trajectory and prospects The government released the 'Indian Economy - A Review', which provides insights into the Indian economy's trajectory and prospects over the past decade and its outlook. The Report does not replace the official Economic Survey. The official Economic Survey is expected to be presented after the general elections and formation of the new government. Some of the key highlights of the Report include a) India is projected to grow to a $5 trillion economy in the next 3 years and a potential to reach $7 trillion by 2030; b) India has moved from 10th largest economy of the world to the 5th largest economy of the world; amongst others Read More

List of Acronyms ADBI Asian Development Bank Institute CBDT Central Board of Direct Taxes CoSS Director General of Foreign Trade DEI Diversity Equity Inclusion DGFT Director General of Foreign Trade DIA Digital India Act DPDPA Digital Personal Data Protection Act DTA Domestic Tariff Area GST Goods and Services Tax IPCIDE ICRIER-Prosus Centre for Internet and Digital Economy IPR Intellectual Property Rights IT Information Technology IT Rules The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 MCA Ministry of Corporate Affairs MEITY Ministry of Electronics and Information Technology MIB Ministry of Information and Broadcasting MOF Ministry of Finance R&D Research and Development SEZ Research and Development

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