TagInformation Technology

FIU’s Penalty on PayPal: Should Payment Gateways be Subject to Anti-Money Laundering Law?

Recently, the Financial Intelligence Unit (FIU) penalized PayPal to the tune of Rs. 9 million for not registering itself as a ‘payment system operator’ under the Prevention of Money Laundering Act, 2002 (PMLA), India’s anti-money laundering (AML) law. PayPal appealed against the FIU’s order before the Delhi High Court. In January 2021, the Court directed the Finance Ministry to constitute a...

The Online Platforms Conundrum and its Impact on Contract Law

[Varnika Agarwal is a 3rd Year BA LLB (Hons.) student at National Law University Delhi] The massive growth of online trade in India, over the past few years, has contributed to a paradigm shift in Indian competition law. It has raised questions regarding platform neutrality (or lack thereof), platform parity clauses, exclusive agreement clauses, and deep discounting, among others. The lack of a...

The Need to Recalibrate the Indian Approach towards Cryptocurrencies

[Santosh S is a III year student at Symbiosis Law School, Pune] Since their advent in global economic affairs, cryptocurrencies have consistently stirred controversy, fear and caution. Despite this, they have proliferated rapidly, causing some significant legal and policy considerations to arise. In tandem with this global trend, cryptocurrency trading saw an increased share in volume in India...

Call for Submissions: Trade, Law and Development

[Announcement on behalf of Trade, Law and Development] Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a constructive and democratic debate on emergent issues in international economic law and to serve as a forum for the discussion and distribution of ideas. In keeping with these ideals, the Board of Editors is pleased to announce “Trade and...

CCI on Integration of Google Meet with Gmail: Abuse of Dominant Position?

[Harsh Patidar is a 3rd year B.A.LL.B. (Hons.) student and Monish Raghuwanshi a 2nd year B.A.LL.B. (Hons.) student, both at National Law Institute University, Bhopal] Section 4 of the Competition Act, 2002 prohibits one or more enterprises from abusing its dominant position in the market to determine the price, supply, amount of production and distribution, by acting independently of their...

China’s Claim concerning App Ban Under International Investment and Trade Law – Part II

[Angeline Priety and Rohin Goyal are fourth-year law students at Gujarat National Law University] In Part I of this post, we explained the possible recourse that Chinese investors may have against India’s app ban under the Indo-China Bilateral Investment Treaty (“BIT”). In Part II, we shall first examine India’s possible defence against claims by Chinese investors under the Indo-China BIT and...

China’s Claim concerning App Ban Under International Investment and Trade Law – Part I

[Angeline Priety and Rohin Goyal are fourth-year law students at Gujarat National Law University] On September 2, 2020, India’s Ministry of Electronics and Information Technology released a press note banning 118 mobile applications of Chinese origin. This blocking order, the third such order in a span of two months, was prompted by concerns with respect to the sovereignty of India, particularly...

Google’s Antitrust Saga: Pay to Play

­[Anchit Nayyar is a 4th year BBA LLB (Hons) student at Symbiosis Law School, Pune] Through its order dated 9 November 2020, the Competition Commission of India (“CCI”) has launched investigations into allegations pertaining to Google abusing the dominance of its Android Operating System (“Android OS”) and the Play Store to give an unfair competitive advantage to its UPI application Google Pay...

Towards a Proportionate Regulatory Framework for Virtual Currencies

[Anshul Semwal is a 5th year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore] On April 6, 2018, the Reserve Bank of India (‘RBI’), a staunch critic of virtual currencies (‘VCs’), issued a circular banning the trade of VCs. The ban was short-lived as, two years later, the Supreme Court quashed the circular on the ground of proportionality in Internet and Mobile...

Data Protection, Privacy and the Law: Is India Ready Yet?

[Ali Waris Rao is an in-house legal counsel at Hindalco Industries Ltd., Aditya Birla Group. The views expressed are personal] The debate surrounding big data, privacy and security in India has gained considerable traction. One may ask how the legal and regulatory framework in India surrounding big data, surveillance, internet of things (IoT – Tech 5.0), cybersecurity and privacy balance...

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