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Key Legal Developments of 2018 in India

This article is a summary of the key legal developments in the last 12 months, covers some of the major legal changes brought in 2018. The changes are vast & therefore, we focus on some of the key changes, which broadly impact the corporates for their “Way of Doing Business” in India which dominated the headlines and we can expect 2019 to continue in the same way. It’s important for any business owner to be aware of the changes affecting their business & put in place suitable safeguards. Failing to be prepared is often costly in terms of money, resource & time. Sector Update Investment in India
1.Single Master Form:On June 7, 2018, the Reserve Bank of India (the "RBI") issued a circular RBI/2017-18/194 A.P. (DIR Series) Circular No. 30 (the "Circular"), introducing a single master form (the "SMF") to integrate the existing reporting norms for various types of foreign investment in India with an objective- To subsume all foreign invest…
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India’s Data Protection Law 2018: Future Road Ahead

With the submission of SriKrishna Committee report on data protection, the final countdown for India’s own Data Protection Regime has finally begun. A detailed legal framework on data protection is to be implemented in the coming days. Purpose of Data Protection Bill 2018- To protect the autonomy of individuals in relation with their personal data, to specify where the flow and usage of personal data is appropriate, to create a relationship of trust between persons and entities processing their personal data, to specify the rights of individuals whose personal data are processed, to create a framework for implementing organizational and technical measures in processing personal data, to lay down norms for cross-border transfer of personal data, to ensure the accountability of entities processing personal data, to provide remedies for unauthorized and harmful processing, and to establish a Data Protection Authority for overseeing processing activities. The key Highlights are as followin…

Post Employment Restrictive Covenants- How Much Enforceable?

The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law. In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer. However, to enforce post employment restrictive covenants had become a challenging task for the employers. In our this article- “ Post Employment Restrictive Covenants- How Much Enforceabl…