JD Supra India

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Latest documents

• India’s Digital Personal Data Protection Act 2023 vs. the GDPR: A Comparison - April 2026

  The Parliament of India enacted the country’s first comprehensive data protection law, the Digital Personal Data Protection Act 2023 (the DPDPA), on 11 August 2023. The DPDPA replaces India’s existing patchwork of data protection rules and triggers significant changes in how companies subject to Indian data protection laws process personal data. The DPDPA is an “umbrella” legislation, as it sets out only a high-level framework for India’s new data protection regime.

• Establishing a Business Entity in India (Updated)

  1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India by incorporating a legal entity under Indian law; • forming a joint venture with an Indian entity to establish a new entity in India; or • acquiring an existing business in India.

• Establishing a Business Entity in India (Updated)

  1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India by incorporating a legal entity under Indian law; • forming a joint venture with an Indian entity to establish a new entity in India; or • acquiring an existing business in India.

• A Proposal for Arbitrating Disputes Arising from Nuclear Damage

  Many States are increasingly turning to nuclear energy as a power source. There are plenty of good reasons why: the promise of low greenhouse gas emissions; reliable energy supply; and long-term fuel availability. 2024 saw the world embrace nuclear energy on a larger scale. Originally published in the Indian Review of International Arbitration.

• Buying and Selling Real Estate in India (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade.

• Data Privacy Guide - India

  Introduction - The legal regime in India relating to data protection and privacy has undergone a significant re-haul and revamp. The Digital Data Protection Act, 2023 (“DPDPA”) received the President’s assent and was published in the official Gazette in India on August 11, 2023. Even though the DPDPA has been published in the Gazette, the date on which the statute will come into force is yet to be notified by the Government. The PDPA provides for the protection of the individual’s rights in relation to their personal data which is in digital form or has been digitized subsequently. It further extends beyond the borders in case processing of personal data occurs outside of India as regards goods or services being provided to persons located in India.

• Establishing a Business Entity in India (Updated)

  1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity; or • acquiring an existing business in India.

• Buying and Selling Real Estate in India (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade.

• Cox and Kings v. SAP India Pvt. Ltd. & Anr.: The Indian Supreme Court Revisits and Retains the Group of Companies Doctrine

  In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the doctrine forms part of Indian law. In expressly reaffirming the applicability of the doctrine, the Indian Supreme Court continues to take a different approach to courts in many other jurisdictions.

• Investing in India

  What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100 million. Fuelled by improved connectivity and digital infrastructure, the number of internet users has soared, with more than half of its citizens now connected to the internet—a significant increase from the mere 12 per cent recorded in 2013. India’s GDP has more than doubled, rising from US$1.8 trillion in 2013 to US$3.7 trillion in 2023, underscoring the nation’s robust growth trajectory. Per capita income has also improved, reaching US$2,450 in 2023 compared to US$1,400 in 2013.

Featured documents

• Fourth Edition of the Consolidated FDI Policy Released by DIPP

  The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (“DIPP”) on September 30, 2011 released the fourth edition of the consolidated FDI Policy of India vide Circular 2 of 2011. As per the DIPP, some of the major revisions to the FDI Policy......

• The Madrid Protocol: A Passage to Indian Trademark Registration

  The Madrid Protocol Concerning the International Registration of Trademarks (the “Protocol”) provides a simple, unified, cost-effective means for citizens of member countries (including the United States) to register their marks in other member countries. By using the Protocol, trademark owners...

• Trade Facilitation Agreement On Track for Implementation

  On November 27, the General Council of the World Trade Organization (WTO) adopted a decision to implement the Trade Facilitation Agreement (TFA). The TFA was the centerpiece of the Bali Package, which had been accepted at the Ministerial level in December 2013 at Bali and was set to be implemented...

• Start Up India: Opportunities for investors and entrepreneurs

  On 16 January this year, Prime Minister Narendra Modi announced the “Start-up India Action Plan” (“Action Plan”). The Action Plan is the latest in Modi’s moves to revive the Indian economy and generate employment, and follows initiatives such as ‘Digital India’, which was designed to bring Internet ...

• India and Singapore Sign MoU on Industrial Property Cooperation

  The countries seek to facilitate bilateral cooperation and exchanges that encourage innovation. In a first of its kind for India and Singapore, the two countries have entered into a bilateral memorandum of understanding on industrial property cooperation (IP MoU). The Intellectual Property...

• Indian Supreme Court Declares the Right to Privacy a Constitutionally-Protected Fundamental Right

  In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India....

• India’s highest court defends data privacy

  As new data privacy regulations spring up around the globe with greater frequency, multinational companies face difficulties not only with complying with a patchwork of requirements, but also with the uncertainty of what these requirements will actually mean and how they will be applied. Sometimes, ...

• COVID-19 in India: Travel Restrictions and Lockdown Measures

  With increasing cases of the coronavirus (COVID-19) in India, travel restrictions have been expanded and a 21-day lockdown has been implemented to contain the spread of the virus within the country....

• India: Q&A - Employer COVID-19 Vaccination Policies (UPDATED)

  WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for India have been updated with new questions since its initial publication in January....

• Fallout of New FDI Policy: “In built Options”– When Foreign Investments can become Loans

  Background Section 3.3.2.1 of the new FDI Policy states that only: (i)equity shares, (ii)fully, compulsorily and mandatorily convertible debentures; and (iii) fully, compulsorily and mandatorily convertible preference shares, in each case with no in-built options of any type, would...