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17 七月 2024

Corporate Amicus: April 2024

Article

DPDPA: Concerns and impact in the online gaming world
By Prashant Phillips, Sameer Avasarala and Abhishek Singh

The article discusses how the gaming industry will be impacted by the Digital Personal Data Protection Act, 2023. It discusses how the new law once enforced will require platforms, gaming developers, and gamers (or users) alike to pay attention to the framework under which personal data may be processed, notices reviewed, consents provided (where required) and rights exercised with regard to the processing of personal data. Elaborately discussing the impact on gaming platforms, covering technical and organizational measures, grievance redressal, etc., the authors also examine the requirements associated with processing of children’s data. According to them, the advent of DPDPA requires entities in the online gaming sector to realign and reimagine their data collection and handling practices, as entities may have to implement more elaborate measures, especially in the context of processing activities, advertising, and engagements, in order to remain compliant. They, in this regard, also note that privacy measures play a greater role today in instilling confidence among various stakeholders, users, employees, and investors alike.

Notifications and Circulars

  • Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019 amended
  • SEBI standardizes Private Placement Memorandum (PPM) Audit Report
  • Key Facts Statement (KFS) for loans & advances
  • Omnibus framework for recognizing Self-Regulatory Organisations (SROs) for Regulated Entities (REs) of RBI
  • Protection of investors on transfer of securities in dematerialised form
  • Additional disclosure requirements by FPIs

Ratio decidendi

  • Real estate projects registered separately under RERA though in single township, cannot be constituted as single project to ascertain threshold prescribed for homebuyers under IBC Section 7 – NCLAT
  • Additional stamp duty not leviable on increase in authorized capital of a company if the prescribed maximum stamp duty already paid – Supreme Court
  • ‘Free of cost’ copy of final order sent by NCLT Registry as per NCLT Rules, cannot be used as a certified copy for filing appeal before NCLAT – NCLAT
  • Operational creditor can only be paid under IBC Section 30(2)(b) by way of cash payment and not by way of issuing equity – NCLAT
  • Arbitration Section 16 empowers Arbitral Tribunal to implead a non-signatory to arbitration proceedings even if same not sought in Section 11 application before High Court – Bombay High Court

News Nuggets

  • Wage ceiling under EPFO may be raised to INR 21,000
  • Draft Digital Competition Bill – Deadline for comments extended till May 15
  • RBI to permit linking of PPIs through third-party UPI applications
  • Reliance Securities receives SEBI’s approval for change in control
  • SEBI launches new version of SCORES
  • ASCI and CCPA join hands to curb misleading advertisements

April  2024/Issue-151 April 2024/Issue-151

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