Blog

In this article, we discuss how the consent requirement under the new data law interplays with use of data to cross-sell/up-sell other products by fintechs. Continuing on the fintech and DPDP series, our partners Sreenidhi Srinivasan and Aparajita Srivastava speak about using data (collected for one purpose) to cross-sell/up-sell other products. For example, what if, as aRead more

This article discusses the first step for fintechs to get ready for the new data law. It originally appeared in the July 2023 Edition of FinTales, our monthly fintech newsletter. No piece of legislation has taken more punches than our elusive data protection law. You’ve heard this before, but we’ll say it again. The dataRead more

A detailed clause-wise analysis of the Digital Personal data Protection Bill 2023 On 7 August 2023, the Lok Sabha passed the Digital Personal Data Protection Bill, 2023. It will soon be introduced in the Rajya Sabha and likely become a law in a couple of days. We present a clause-wise analysis of the 2023 Bill –Read more

A set of questions about the purpose and form of the National Financial Information Registry. In this year’s budget speech, the Finance Minister announced plans to create the National Financial Information Registry (Registry). The Registry, according to the minister, would be a ‘credit public infrastructure’ meant to promote financial inclusion and stability. It’s unclear how, though. TheRead more

An analysis of key fintech regulations which govern data, the patterns they reveal, and the best practices that fintechs can adopt to ensure compliance. For the last 5 years, data lawyers have been like the boy who cried wolf. The data bill is always being tabled “in the next session of Parliament”. We’ve seen explainers,Read more

An analysis of RBI’s card directions that restrict fintech’s access to card transaction data and their interplay with RBI’s outsourcing guidelines.  In April 2022, RBI notified the directions on Credit and Debit Cards. In these directions, it asked co-branding partners to keep their hands off card transaction data. The RBI has, this time, gone straight for the fintechRead more

This article explores how telematics insurance can make motor vehicle insurance more efficient and suggests risk-based data privacy protections. While taking an insurance policy in 1933, Dunn knew that her husband (who was going to use her car) was a dangerous driver. Yet, she hid this fact from her insurance company. A few years later,Read more

This post analyses the impact of the RBI Working Group’s Report on Digital Lending Apps. It covers key recommendations made by the Working Group relating to credit-risk sharing, data privacy and security, artificial intelligence and buy-now-pay-later products. Regulation of digital lending in India now seems imminent. The RBI has been questioning buy-now-pay-later (BNPL) providers aboutRead more

This blog analyses existing discussions on the anti-trust regulation of the so-called ‘big-tech’ platforms in the United States of America. Calls for tech regulation Lately, the regulation of big tech companies[1]  (such as Facebook, Apple, Alphabet Inc., Google, Amazon (GAFA)) has become a political talking point[2] in the US. Earlier this year, potential democratic presidentialRead more

This piece analyzes data-driven mergers in the context of American anti-trust law. Introduction Competition authorities across the globe are actively discussing the regulation of big data and its role in merger control. The EU- aggressively pursuing big-tech regulation through Commissioner of Competition Magrethe Vestager- opened consultations for regulating digital platforms in June 2020.[1] Across theRead more