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Data Privacy & Protection

The Practice

Our Privacy & Data Protection practice focuses on the evolving technological, business and legal issues relating to privacy and security of data. With India making rapid strides towards digitisation and creation of a robust legal framework dealing with privacy and data protection, there is an unprecedented need for businesses to upgrade their privacy standards to avoid potential liabilities and meet mandatory compliance standards. Our team has consistently adopted an innovative approach and engaged with clients on key compliance requirements (including conducting awareness and teach-in sessions) and on implementation of customised solutions for them.

 

Our Data Privacy & Protection practice has been recognised as a 'Tier I' practice by Legal 500 in their Asia-Pacific 2021 rankings. We have also been awarded “Data Protection Law Firm of the Year” award at the ALB India Law Awards 2021 hosted by Asian Legal Business. Our team members have been recognized in the categories of  “Leading Individual” and “Recommended Lawyer” for data protection in Legal500 2021 Asia Pacific rankings.

The Execution

We advise clients across the entire legal spectrum of privacy and data protection concerns, ranging from advice on general regulatory compliance, transaction related advice, drafting/review of policies, data processing agreements and other associated documents, cross-border data transfers and disclosures, government access requests, data security and breach notification, data retention, use of new age technologies, defence against investigations and proceedings regarding privacy/data protection violations or security failures. We also advise on data protection matters in certain niche sectors such as blockchain, internet of things, cloud, artificial intelligence, etc.

 

Our clients include international and domestic multinational companies, including Fortune 100 and 500 companies, across industries such as financial services, insurance, digital media, information technology, social media, e-commerce, healthcare, medical/health technology, telemedicine, telecommunications, pharmaceuticals, educational technology, software/platform/infrastructure services, retail and manufacturing.

The Khaitan Advantage

We draw upon our highly specialised team that has a deep regulatory understanding and our Partners have also been part of several industry body discussions in relation to privacy and data protection. Our Firm has one of the largest privacy and data protection practice spread across our offices, and draws expertise seamlessly from specialists in the Firm from arenas such as TMT; Competition/Antitrust; Employment; Intellectual Property; Dispute Resolution; White Collar Crime; Taxation, etc.  

 

Our team was extensively involved in consultation meets and sessions with the Justice Srikrishna Committee which formulated the first draft of the Personal Data Protection Bill. Our team has also been one of the few organisations from which inputs were sought directly by the Government of India on certain aspects of the Personal Data Protection Bill. Our team members’ views had been sought by the National Commission for Women (Government of India) regarding cyber-crime against women and changes in laws required to address issues. Our team members have been deeply involved with the Government and have been suggesting measures that can be incorporated to provide boost to India’s booming outsourcing industry where large volumes of data are exchanged. Our team members have conducted webinars jointly with the Department of Telecommunication, Ministry of Communications on issues including data localisation. Additionally, our team members have also submitted recommendations on the proposed draft regulations around non-personal data. Our team was also invited to our neighbouring country, Bangladesh, by BASIS (Bangladesh Association of Software and Information Services) to provide inputs to the lawmakers there for preparing their data protection law.

 

Our team has been frequently invited to collaborate and give inputs on niche aspects of data protection to various publishing houses of national and international repute such as OneTrust Data Guidance, Thomson Reuters - Practical Law Data Privacy Advisor, International Comparative Law Journal, etc. Our team members are frequently quoted in national dailies and other reputed publications on the topic of privacy and data protection.

Key Contacts

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Key Deals

India’s largest telecom service provider 

Advice in relation to privacy/data protection laws 

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India’s leading technology company

Advisory and contracting support from a data protection perspective

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Telecom service provide

Advised a leading telecom service provider on data localization norms applicable to the telecom sector

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One of India’s largest foreign investors

Privacy and data protection advice on Indian law aspects

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A leading luxury automobile company 

Advisory on cross-border transfer of personal data related aspects 
 

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An internationally renowned charitable foundation

Advised on documents from data protection perspective

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Data Transfer

Advised a leading German chemical and consumer goods company on data transfer and surveillance laws

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Data Protection

Assisted a leading electronics manufacturing company with documentation support from a data protection perspective

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Cross-border Data Transfer

Advised a social media company on cross-border data transfers and data localization requirements

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Insights

Awards