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

• 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...

• India Budget 2013: Key Amendments to the Finance Bill, 2013 Affecting International Investors

  India’s Parliament has approved the country’s budget for the fiscal year beginning April 1, 2013 (Budget) by passing the Finance Bill, 2013 (Finance Bill) on May 2, 2013 with several amendments to the earlier version of this bill presented to the Parliament on February 28, 2013 (see our earlier...

• "Election Results Bring Hope for Significant Changes in India and Indonesia"

  This past year brought important political changes for the two largest economies in South/Southeast Asia. Although significant challenges remain, the election of a new government in India and a new president in Indonesia have been met with optimism by many participants in those countries’ markets....

• India Moving Forward with Unmanned Aircraft Systems Regulations for Civil and Commercial Use

  Last month, India’s Directorate General of Civil Aviation (“DGCA”) published draft guidelines (“Guidelines”) as a basis for regulating the civil use of Unmanned Aircraft Systems (“UAS”), more commonly called drones. The proposed regulations state that “operations of civil unmanned aircraft in...

• Nine Passport Tips for International Depositions

  International depositions require more planning (and time) than depositions here in the U.S. Travel requirements are a big part of that. Below are a few tips regarding your passport to ensure you aren’t turned away at the gate en route to your depositions!...

• Diwali: An Opportune Time for an Anti-Corruption Compliance Reminder

  This year, India celebrates Diwali on October 19, 2017. “The Festival of Lights,” as Diwali (or Deepavli) is commonly called, is celebrated across India with great aplomb, joy and, of course, delicious sweets. Diwali signifies the victory of light over darkness and, traditionally, family, friends...

• New insolvency and bankruptcy law creates opportunities for foreign investment in India

  In 2016, the insolvency and bankruptcy landscape in India was radically overhauled by the introduction of the new Insolvency and Bankruptcy Code (IBC)....

• Chinese Investments Into India

  On April 17, 2020, India announced a change to its foreign investment policy under which investments by “an entity of a country, which shares a land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country” will need prior...

• New Efforts to Manage India’s Second Wave of COVID-19 Infections

  As has been well-documented over the past several weeks, India has experienced a significant second wave of COVID-19 infections. In light of the unprecedented surge in COVID-19 cases across the country, at least 11 Indian states and union territories have imposed COVID-19 restrictions. This past...

• Recent Developments in Indian Corporate Law and Corporate Governance

  In This Issue: Moving further with liberalisation of the Foreign Direct Investment (FDI) regime, the government allowed overseas investment in bee-keeping, share-pledging for raising external debt and notified the revised FDI limit on FM radio at 26 per cent against the earlier 20 per cent....