GRAFFITI #1

The Digital Personal Data Protection Act, 2023 has now been officially notified, marking a decisive shift in India’s data protection landscape. With the notification in effect, every organisation handling personal data regardless of size or sector must immediately reassess how data is collected, processed, stored and shared. Updating consent mechanisms, publishing compliant privacy notices, revisiting data retention and deletion practices, enabling data-principal rights, and strengthening vendor contracts are now critical compliance steps. The timelines are tight, and the penalties for non-compliance are significant, making early action essential rather than optional.

To make this transition easier, we have broken down the key compliance requirements and practical implementation steps for businesses in a detailed article. Read it here https://www.lexology.com/library/detail.aspx?g=161c974a-1d24-4525-a776-c13e5f92e9db

GRAFFITI #2

The Ministry of Electronics and Information Technology has released a Standard Operating Procedure (“SoP”) to curb the dissemination of Non-Consensual Intimate Imagery (“NCII”) online, in line with the directions of the Hon’ble High Court of Madras in X vs Union of India & Director General of Police (WP 25017/2025). The SoP provides a clear process for individuals to request removal of NCII content, whether posted without consent, involving nudity, sexual acts, or morphed images across digital platforms. Victims can report such content through One Stop Centres, intermediaries (platforms), the National Cybercrime Reporting Portal (NCRP), or local law enforcement agencies, each of which has defined responsibilities for swift action. Intermediaries are required to remove flagged content within 24 hours and use technology to prevent resurfacing of the same content across other URLs. Various government entities will coordinate to ensure timely takedown and prevent re-upload of NCII content.

The SoP can be found here:
https://www.meity.gov.in/static/uploads/2025/11/a2c9500ef5f8b62a43bfc68747de592d.pdf

GRAFFITI #3

With the objective of simplifying and consolidating the fragmented legal framework, the Government of India has enacted four comprehensive Labour Codes - The Code on Wages, 2019; The Industrial Relations Code, 2020; The Social Security Code, 2020; and The Occupational Safety, Health and Working Conditions Code, 2020. Together, these Codes aim to repeal 29 central labour legislations covering wages, social security, industrial relations, and workplace safety. Each of the Labour Code has its transitional provision in addition to operating along with Section 6 of the General Clauses Act, 1897. Section 6 of the General Clauses Act, 1897, makes it clear that even if an old law is repealed, the rights and responsibilities that arose under it do not automatically vanish.

As on date, only Code of Wages 2019 and the Occupational Safety, Health and Working Conditions Code, 2020 has been fully notified, thus repealing the previous legislations with respect to wages and workplace safety.

As regards to the Code of Social Security 2020, except the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”), all other 8 legislations are repealed with respect to social security.

The Industrial Relations Code 2020 seeks to repeal three enactments viz: the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. While the Industrial Relation Code has been brought into force, these three enactments have not been repealed as yet and will be repealed in phases through separate Government notifications.

GRAFFITI #4

The MeitY under its AI India mission has published its draft India AI Governance Guidelines on 5th November 2025 (“Guidelines”) which serve as the foundational framework for AI governance in the country. These Guidelines provide for a comprehensive framework to ensure safe, inclusive, and responsible AI adoption across sectors. The Guidelines propose a robust governance framework to foster cutting-edge innovation and safely develop and deploy AI for all while mitigating risks to individuals and society. The framework comprises four key components:

1. Seven guiding principles for ethical and responsible AI.
2. Key recommendations across six pillars of AI governance.
3. An action plan mapped to short, medium, and long-term timelines.
4. Practical guidelines for industry, developers, and regulators to ensure transparent and accountable AI deployment.

The Guidelines can be downloaded from
https://static.pib.gov.in/WriteReadData/specificdocs/documents/2025/nov/doc2025115685601.pdf

The following are notable points recommended by the committee towards industries deploying AI systems:

1. Content authentication (use of watermarks) is suggested. Such labels and other unique identifiers can be used to authenticate whether or not any piece of information was generated or modified by an AI system.
2. Organisations need to have updated policies and service terms to reflect their commitments and adopt such other voluntary measures.
3. Establish accessible and effective grievance redressal mechanisms as part of their accountability obligation and ensure resolution of such issues within a reasonable timeframe.
4. Comply with all Indian laws and regulations and demonstrate compliance with applicable laws and regulations when called upon to do so by relevant authorities.

GRAFFITI #5

On 31^st October 2025, the Department for Promotion of Industry and Internal Trade issued draft amendments to the Trademarks Rules, 2017 (“Amendment Rules”), proposing a comprehensive regulatory framework to govern the professional conduct of Trademark Agents and attorneys. The Amendment Rules introduce a formal Code of Conduct and a detailed disciplinary mechanism aimed at strengthening transparency, accountability, and professional ethics within trademark practice in India.

The Amendment Rules propose to define key terms - “Code of Conduct”, “Disciplinary Committee” and “Officer” under Section 2 of the Trademarks Act, 1999 in addition to introducing new Rules from Rule 151A to Rule 151I. These provisions address what constitutes misconduct, complaint mechanism (including introduction of Form TM-DP to file the complaint through online portal within 6 months from date of knowledge of misconduct), inquiry procedure (including suo moto power of Registrar to initiate disciplinary proceedings), constitution of Disciplinary Committee and its functioning, passing of orders & imposing penalties, confidentiality of proceedings and filing of extension of time (Disciplinary Committee must conclude the inquiry within three months of commencement if no such forms have been filed for extension of time).

Further, a new “Code of Conduct” has been proposed to be incorporated through the Fifth Schedule prescribing the standards of professionalism, ethical behaviour, confidentiality, diligence and duties owed towards the clients, the Trademarks Office, and fellow professionals. Some of the key obligations include sharing of letter of engagement specifying scope of services with the client, duty to act in good faith, obligation to act with due diligence and integrity, maintaining confidentiality, avoiding conflict of interest, refraining from misrepresentation or misleading advertisements, prohibition on corrupt practices and improper interactions with the Trademarks Office officials, etc.

While the said Amendment Rules have been published inviting objections and suggestions from any person within 30 days of its publication, it is pertinent to note that the professional conduct, standards, duties and discipline for Advocates are exclusively governed by the Advocates Act, 1961 and Rules framed thereunder. Accordingly, it is opined that no authority other than the Bar Councils may prescribe or adjudicate upon standards of professional conduct for Advocates or attorneys. Also, it is further noted that the Amendment Rules purports to introduce new procedural mechanisms to regulate the professional conduct of Advocates, which seems to traverse beyond the statutory framework and intent of the parent legislation viz., the Trade Marks Act, 1999 and thus any attempt to bring in a set of ‘Code of Conduct’ as proposed under the Amendment Rules to regulate the professional conduct, standards, duties and discipline for Advocates will be ultra vires the Trade Marks Act, 1999 and hence unconstitutional. It will now be interesting to see how the Department for Promotion of Industry and Internal Trade considers the objections, which will surely be raised from the various quarters of practising advocates and attorneys in the country to the above Amendment Rules.

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