Reimagining tech law in 2024 - What 2024 holds for Indian tech regulations
- Abir Roy & Aman Shankar & Biyanka Bhatia
- Jan 16, 2024
- 2 min read
Updated: 1 day ago
As India accelerates its digital transformation, 2024 marks a pivotal year for the evolution of Indian technology regulation. This article reimagines the trajectory of tech law by identifying key regulatory trends and examining the legal frictions they are likely to generate. Rather than offering a purely descriptive account, the analysis is structured around potential areas of dispute and grounded through select case studies to illuminate real-world implications.
At the centre of this transformation lies the Digital Personal Data Protection Act, 2023 (DPDP Act). One of the most immediate challenges it presents is determining “who is who” in a data transaction; whether an entity qualifies as a data fiduciary, data processor, or joint data fiduciary; an issue with significant liability and compliance consequences. Closely linked are emerging commercial disputes around negotiating data processing agreements, allocation of risk, and indemnities.
The article also explores how DPDP compliance diverges from the GDPR, highlighting additional obligations and structural differences that require even GDPR-compliant organisations to recalibrate their India strategies. HR-related data processing covering recruitment, employment, and workforce analytics emerges as another high-risk area demanding closer scrutiny.
Beyond DPDP, the article examines regulatory overlaps with the Competition Act, 2002, intermediary rules, RBI and sectoral data norms, and consumer protection laws, underscoring the growing complexity of multi-regulator compliance. It further questions whether the traditional safe harbour framework for intermediaries remains fit for purpose in an era of algorithmic decision-making and platform accountability.
Finally, the article looks ahead to the proposed Digital India Act and unresolved legal issues surrounding artificial intelligence, arguing that India’s tech regulatory future will be shaped as much by enforcement and interpretation as by legislation itself.
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