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Technology & Data Privacy

Technology has been the driving force behind the Indian economy for the last two decades. After the dot-com era, tech start-ups took over the pivotal task of bringing in foreign investment and creating jobs in India. Indian lawyers who understand the technology and tech-driven transactions have played a significant role in supporting the growth and development of Indian technology MNCs. India has had the SPDI Rules since 2011 and now a proposed data privacy statute – the Data Protection Bill, on par with GDPR, is being deliberated upon in Parliament.

Argus Partners has developed a strong and robust technology and data privacy practice, which spans transactional, corporate, and regulatory advisory, as well technology-related disputes and litigation. Experienced attorneys are based out of our New Delhi, Mumbai, and Bangalore offices, and the Firm services clients across the globe on Indian legal issues relating to technology and data privacy.

Advisory
We advise some of the largest financial institutions, investors, as well as tech companies, and other corporations on technology regulations (including the recent intermediary rules) and data privacy laws (including legal issues arising out of the migration of data across borders). With the added benefit of relevant domain expertise, our services also include identifying legal, regulatory, and contractual risks in investment transactions and in M&A in the technology sector. We also advise (both vendors and customers) entering into outsourcing, technology transfer, and licensing transactions by assisting in negotiating industry-standard agreements and implementing best practices and contractual safeguards.

Our attorneys are also experienced in advising social media companies on legal compliances applicable to them, including intermediaries’ obligations, laws regulating online content, e-commerce regulations, data privacy, and cybersecurity laws.

Disputes Resolution
The Firm provides end-to-end litigation support, including pre-litigation strategy, on complex disputes involving intermediary liability, information technology, and data privacy-related issues. Our attorneys, based out of our New Delhi, Mumbai, and Bangalore offices, have extensive experience in representing leading social media companies in a wide variety of cases before the Supreme Court, different High Courts and lower courts across the country. Notable categories of cases include civil and criminal defamation cases; IP infringement cases; public interest litigation cases seeking regulation of social media and OTT platforms, and regulation of harmful categories of online content such as hate speech, fake news, pornography, etc.

Research and Knowledge Building Initiatives
We carry out innovative research into the potential impact of the applicable technology and data privacy regulations on Indian businesses. A number of papers relating to the draft Personal Data Protection Bill, 2019, and technology-related topics such as blockchain and cryptocurrencies, have been published on the Firm’s online Knowledge Centre, available here. Further, through our initiative, ‘Argus Talks’ (available here) and the monthly Tech Newsletter (available here), we regularly cover the latest developments in the area of technology and data privacy.

Select Experiences

  1. Advised Google LLC on Mandiant’s cybersecurity, and intelligence services in India including compliance with Indian data protection laws for Mandiant’s cybersecurity services.
  2. Advised National Payments Corporation of India (NPCI) in availing foreign currency exchange services for cross-border RuPay and UPI transactions.
  3. Advised CRED on raising US$ 140 million at a post-money valuation of USD 6.4 billion.
  4. Advised Togai Inc. on its acquisition by Zuora to enhance usage-based business models.
  5. Advised Amazon on Indian data protection compliance for ‘Ship with Amazon’ on ONDC.
  6. Assisted Amazon Pay in setting up data security infrastructure for fraud detection.
  7. Advised NPCI on compliance for personal data collected through ‘Bharat Aadhaar Seeding Enabler’ platform.
  8. Advised Barclays on collecting, storing, and transferring biometric data of its Indian employees.
  9. Advised Infinx on an investment by KKR and Norwest Venture Partners to scale its healthcare IT business.
  10. Advised SoftBank and Tiger Global-backed OfBusiness on its 100% acquisition of Koeleman India.

Key Partners

Ankit Guha

Partner

Ankit’s practice focuses on private equity & venture capital and corporate...

Jitendra Soni

Partner

Jitendra is a technology and transactions lawyer based in New Delhi. As part of...

Neha Madan

Partner

Neha has over 14 years of experience and she advises various venture capital and...

Udit Mendiratta

Partner

Udit is a corporate and commercial disputes lawyer with extensive experience in...

Technology and Data Privacy

Technology

  1. Advised Google LLC in relation to Mandiant’s provision of cyber security and intelligence services to its customers in the Indian market, including incident response, managed services, threat intelligence, professional services, IT forensic investigations, or similar cyber-related services.
  2. Advised National Payment Corporation of India (NPCI) in relation to availing foreign currency exchange services from authorized banks for enabling cross-border merchant transactions by Indian RuPay cardholders or UPI users in foreign jurisdictions.
  3. Advised Amazon Web Services (AWS) on Indian laws relating to accessibility requirements for online and physical events.
  4. Advised OnePlus Technology (Shenzhen) Co., Limited, China, and its Indian entities regarding the applicability of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, on various web interfaces, online forums/platforms, and mobile applications.
  5. Advised Infinx Services Private Limited on a ~INR 1,330 crore (~USD 160 million) cross-border investment by KKR and Norwest Venture Partners to scale its healthcare IT business, involving complex regulatory, privacy, and acquisition-linked considerations.
  6. Advised fintech unicorn, CRED (Dreamplug Technologies Private Limited), on raising USD 140 million in its Series F funding round with a post money valuation of USD 6.4 billion.
  7. Advised TDK Ventures and British International Investments Plc on their Series A investment in Fasal (Wolkus Technologies Private Limited).
  8. Advised Philips India Limited regarding laws governing the transfer of de-identified and anonymous electronic medical records (including medical, clinical, and diagnostic information) of patients by hospitals and healthcare institutions in India.
  9. Advised Antler Global and Antler India on their investment in Namma Yatri, India’s first mobility platform under ONDC, which raised USD 11 million to enhance multi-modal travel and support public transport integration.
  10. Advised SoftBank and Tiger Global-backed OfBusiness on its acquisition of 100% stake in Koeleman India from Koeleman Foods International B.V.
  11. Advised Krafton Inc. on co-leading an investment in Deftouch Interactive Art Private Limited to expand its gaming portfolio, develop new games, and hire talent.
  12. Advised Commenda.io on tokenization of the stock options issued to employees of private limited companies in India.
  13. Advised Exness on Indian laws governing the solicitation and provision of CFDs products on a cross-border basis to Indian residents through an online platform hosted offshore.
  14. Advised Zeno Health on its USD 25 million Series C funding round, led by STIC Investments and Lightbox Ventures, to enhance affordable healthcare access for millions.
  15. Advised the Board of Control for Cricket in India (BCCI) on drafting the Non-Fungible Tokens (NFT) policy for all the Indian Premier League (IPL) franchisees.
  16. Advised CoinDCX on setting up an initial exchange offering platform.
  17. Advised Togai Inc. on its acquisition by Zuora, enhancing Zuora’s monetization suite with Togai’s advanced metering and rating solutions for usage-based business models.
  18. Advised Together Fund and Eight Roads on their investment in Spry Therapeutics Inc., including reviewing and negotiating complex US transaction documents.
  19. Advised TheMathCompany and its promoters in their capital raise from venture capitalist Arihant Patni for AI-driven consulting services.
  20. Advised TR Capital III Mauritius on the purchase of shares of Lenskart Solutions Private Limited from existing shareholders.
  21. Advised RTP Global on its investment into Phyllo’s USD 15 million Series A funding round. Phyllo provides an API Platform for creators.
  22. Advised Bharat Innovation Fund and Parampara Early-Stage Opportunities Fund on an investment of ~USD 1,100,000 into Entropik Technologies Private Limited.
  23. Advised Whiteboard Capital on its stake sale in Dezerv Investments Private Limited as part of a INR 265 crore fundraise led by Premji Invest, Elevation Capital, Matrix Partners, and Accel, to support Dezerv’s growth in wealth management.
  24. Advised Together Fund on its investment into US-headquartered data privacy startup Privado in its Series Seed and Series A rounds.
  25. Advised HouseEazy, a prop-tech company, on its USD 7 million fundraising led by Chiratae Ventures, with participation from Alteria Capital and Antler.
  26. Advised Special Invest Fund I as the Lead Investor in its investment into Scapic Innovations Private Limited’s Seed round.
  27. Advised TCG Livingspaces Private Limited, a prop-tech company under The Chatterjee Group, on compliance with India’s payment laws for facilitating transactions on its platform.
  28. Advised Wildcraft India Private Limited on a primary investment of INR 65,00,00,000 by Flipkart’s affiliate Quickroutes International Private Limited.
  29. Advised Ekaiva Technologies on Series Seed funding, legal documentation for its “Elevn Community” app, brand endorsement agreements, and platform structuring.
  30. Advised Prime Venture in its Series Seed funding round in Bookee.
  31. Advised Together Fund on its investment into US-headquartered Spendflo in its Series Seed and Series A rounds.
  32. Advised Ind Swift Laboratories Limited and its promoters on the sale of its API and CRAMS businesses for Rs 1650 crores to IndiaRF.
  33. Advised Zeno Health on its acquisition of Tablt Pharmacy.
  34. Advised Together Fund on its investment into US-headquartered Spendflo in its Series Seed and Series A rounds.
  35. Advised Infinx on its acquisition of Glidian, Inc., a market leader in prior authorization automation, through a reverse triangular merger.
  36. Advised Intech DMLS Private Limited in the investment by Gildemeister. Intech is considered a pioneer in metal 3D printing in India.
  37. Advised Whiteboard Capital in its stake sale in Dezerv Investments Private Limited to Premji Invest, Elevation Capital, Matrix Partners, and Accel.
  38. Advised Special Invest Fund I as the Lead Investor in its investment into Scapic Innovations Private Limited’s Seed round.


Data Privacy

  1. Advised PeopleStrong, and HDFC Bank Limited on the stake sale by Multiples P.E. to Goldman Sachs Alternatives for USD 130 million.
  2. Advised Amazon in relation to the Indian data protection related issues arising out of integration of its logistics and transportation services ‘Ship with Amazon’ with Open Network for Digital Commerce (ONDC).
  3. Advised Amazon on the data protection compliance for AI model training and use, including consent management, alternative data processing techniques, regulatory risk assessment, and role allocation/ risk mitigation measures under SPDI Rules and DPDPA.
  4. Advised Amazon and its Indian affiliates in relation to, amongst others, various legal issues around Indian data protection laws including drafting of privacy policies for various upcoming products and services, undertaking privacy audits, etc.
  5. Advised Amazon India in relation to collection and storage of Aadhaar related data and interpretation of certain provisions of Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016.
  6. Advised Google in relation to Indian data protection laws as applicable to Mandiant Inc.’s provision of cyber security and intelligence services in India, following its acquisition in 2022 by Google Cloud.
  7. Advised Reliance Retail on undertaking a comprehensive legal audit of all ecommerce platforms operated by Reliance Retail and its affiliates (such as Ajio, Reliance Digital, JioMart, Mothercare, Westelm, Netmads, Urban Ladder, Gas Jeans, Hamleys, Reliance Jewels, Stevemadden, Superdry, Brook Brothers, Satya Paul, Vision Express, West Elm, Tiffany, Brooks, etc.) to evaluate its compliance with various Indian laws which are applicable in connection with the operation of the ecommerce platform and listing and sale of products under each product category on such platform.
  8. Advised Herbalife USA and Herbalife India on the global privacy policy of Herbalife USA and drafting of Indian addendum to streamline the global privacy policy with the mandatory requirements of the Indian data protection laws.
  9. Advised Barclays Capital in relation to collection of biometric data its employees and consultants in India and transfer of such data from India to law enforcement agencies in USA, as well as it retention from an Indian data protection law perspective.
  10. Advised Allegis USA and Allegis India on drafting of the transfer impact assessment form for India jurisdiction detailing out what national laws apply in India for handling, storage and transfer of personal data, how are these laws exercised in practice, and how likely are they to be exercised in relation to a particular personal data transfer.
  11. Advised OnePlus, China on the launch of a dedicated mobile application ‘OnePlus App’ for operating a membership program named as ‘Red Cable Club’ and data privacy concerns associated therewith in the wake of recent ban of mobile applications by the Indian Government.
  12. Advised Dyson UK in relation to data protection implications arising out of outsourcing of customer support operations to Concentrix.
  13. Advised Blue Dart in relation to analysis of the regulatory compliances proposed to be mandated under the Personal Data Protection Bill, 2019, for the purpose of identifying the heavily onerous obligations and compliances that Blue Dart may be liable to adhere to and preparation of a memorandum setting out our findings and suggested recommendations, basis which a representation letter was submitted by Blue Dart to the Ministry of Electronics and Information Technology, Government of India.
  14. Advised Voestalpine AG (a global leading steel and technology group) in relation to review of the privacy policy as applicable on the job applicants and consent form for collection of personal data on the job portal of Voestapine, from an Indian data protection law perspective.
  15. Advised Schreiber Foods on reviewing their global privacy policy and streamlining its provisions with the mandatory requirements as contained in the Indian data protection laws;
  16. Advised Amazon Pay in relation to compliances with respect to maintenance of adequate data security infrastructure and systems for prevention and detection of frauds.
  17. Advised Dailyhunt in relation to setting up of a network attached data center for the purposes of storage, backup and archiving of unstructured data generated out of or in relation to the use, access and viewing of the platform and legal issues under the applicable data protection laws.
  18. Advised Elder Care, an elderly care service provider in connection with its privacy policy and data privacy issues relating to its business.
  19. Advised Protium, which owns and operates the software, ‘Tuirya’, on the restrictions imposed by the Reserve Bank of India in its recent Digital Lending Guidelines, 2022 and data protection issues thereunder and other applicable Indian laws.
  20. Advised True Credits in relation to streamlining its data privacy practices in line with the Digital Lending Guidelines, 2022 as released by the Reserve Bank of India.
  21. Advised Turno in relation to review of the privacy policy of Turno to ensure its compliance with the terms of agreement with the lenders and the data governance norms prescribed under the Digital Lending Guidelines, 2022 as issued by the Reserve Bank of India
  22. Advised Oxyzo in relation to acquisition of the business of lending service provider and restructuring of the contractual relationship with various third-party lending institution in line with the Digital Lending Guidelines, 2022 issued by the Reserve Bank of India.
  23. Advised Amazon Transportation on transition to and compliance with the various provisions of the proposed Digital Personal Data Protection Bill, 2022 and its potential implications on its business in India and in particular with respect to the data of the delivery partners and individuals as collected by Amazon at the time of their onboarding and its further disclosure to other delivery service providers.
  24. Advised Amazon in preparing and finalizing a standard operating procedure to minimize the exposure of the customer personal data in course of provision of last-mile telephony services by Kaleyra and advised on the relevant telecom regulations with respect to the protection, storage and sharing of customer data.
  25. Advised Logically, UK in relation to the legal framework in India governing the usage of artificial intelligence, algorithms, and analytical techniques to prevent, predict or solve crimes (popularly known as predictive policing) and in particular, data privacy related implications.
  26. Advised Palo Alto Networks in relation to privacy regulations applicable to users of cloud-based (security) services in India.
  27. Advised Philips India in relation to laws governing transfer of de-identified and anonymous electronic medical records (including medical, clinical and diagnostic information) of the patients by hospitals and healthcare institutions in India.
  28. Advised Henkel in relation to licensing of a proprietary turnkey platform named as “Ai-MicroCloud” from ZBL Computational Software, that enables enterprises to pipeline data, including the critical data comprehension steps, and develop, train, and deploy pragmatic AI into mission-critical enterprise processes for generating new insights and enhance decision-making capabilities.
  29. Advised Ultratech Cements in relation to the data protection related compliances to be undertaken by it in course of launch of one-stop-platform, which will cater to the needs of individual home builders, service providers, dealers, retailers, experts in the home building sector such as architects, engineers, contractors, dealers and other experts who may provide assistance in home building.
  30. Advised Anakin Technologies in relation to its SaaS dataset acquisition agreement proposed to be executed with Bolt Operations OÜ, Estonia.
  31. Advised ShareChat in relation to legality of data scrapping under the Indian data protection laws.
  32. Advised Clicktech Retail in relation to review of the offer letters and appointment letters for their employees and key employees to incorporate provisions with respect to collection, storage, usage and processing of the data collected from the employees as well as for applicants that apply for jobs with Clicktech.
  33. Advised Infinite Styles Ecommerce Co., Ltd., China (SHEIN group) to review their global intra-group data transfer agreement from an Indian law perspective.
  34. Advised ABB India Limited in relation to launch of ABB India Shop for online sale of their products to registered resellers and OEMs and advised on the data protection laws.
  35. Advised National Payment Corporation of India in relation to compliances associated with Aadhar related data and other personal data as collected by NPCI through ‘Bharat Aadhaar Seeding Enabler’ platform that facilitates direct benefit transfer beneficiaries of various government schemes to manage the Aadhaar seeding process.
  36. Advised Amazon in relation to data protection implications arising out of its integration with MyGate application for facilitating delivery of products to the customers.