Under GDPR, Indian Data Processors Should not Agree to Standard Contractual Clauses which are ultra vires the FEMA

The globalization of Indian IT business has created many challenges to the Indian economy as a whole and in particular to certain domain specific regulators. One such regulator who finds himself frequently under a bind is RBI while regulating the Foreign Exchange transactions. Over the years the strict regulations under FEMA have been diluted and …

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Principles of Transfer under GDPR- BCR

As we have seen earlier, GDPR provides for certain flexibility to allow transfer of data to countries which donot fall under the “Adequacy” provision through measures such as Appropriate Safeguards and contractual commitments. Additionally the Competent Supervisory authority of a Member Country can approve “Binding Corporate Rules” (BCR) as a mechanism to permit transfer of …

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Does GDPR impose a conflict with Indian Jurisdiction?

Privacy protection regime has been aggressively pursued by EU for a long time.  GDPR is an extension of this aggression where the penalties proposed are threatening. Hence though the principles of privacy protection envisaged under GDPR is commendable, there is discomfort on the attempt to impose extraordinary penalties. The global community is worried that the …

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GDPR Risk.. Shareholders and Auditors may question the management. Are you ready?

Indian IT industry has a high stake in the outsourced business from US and EU, UK markets. A good part of this outsourced business involves processing of “Personal Data” of data subjects of the respective country. As regards US, India has many processors who process health data and are accustomed to complying with HIPAA and …

Read More GDPR Risk.. Shareholders and Auditors may question the management. Are you ready?