How-To Guide

An appeal against a Data Protection Board order goes to the Telecom Disputes Settlement and Appellate Tribunal, which section 2(a) of the Digital Personal Data Protection Act, 2023 designates as the Appellate Tribunal for this purpose. Section 29 of the Act and rule 22 of the Digital Personal Data Protection Rules, 2025 govern the route, and both are digital by design. Step 1: Check What Is in Force Before Advising on Remedies By G.S.R. 843(E) dated November 13, 2025, issued

Section 8(5) of the Digital Personal Data Protection Act, 2023 requires a data fiduciary to protect personal data by taking reasonable security safeguards to prevent a personal data breach. Rule 6 of the Digital Personal Data Protection Rules, 2025 turns that standard into a list of seven minimum measures, which is what makes it drafting work rather than an engineering aspiration. Step 1: Note the Duty, the Reach and the Date The duty in section 8(5) extends to personal data

A DPDP notice is not a privacy policy. It is the specific document that must accompany or precede every request for consent, and rule 3 of the Digital Personal Data Protection Rules, 2025 prescribes what it has to contain. Section 6(10) of the Digital Personal Data Protection Act, 2023 then puts the burden of proving that the notice was given on the data fiduciary, which is why the drafting and the record keeping are one exercise. Step 1: Separate the Notice From the Policy S

A data principal rights request process is the operational answer to sections 11 to 14 of the Digital Personal Data Protection Act, 2023 and to rule 14 of the Digital Personal Data Protection Rules, 2025. The provisions are short, and the work they generate is almost entirely about plumbing: who receives the request, how the person is identified, what has to be returned and within what period. Step 1: Note When the Obligations Commence By G.S.R. 843(E) dated November 13, 2025

A data retention and erasure schedule is the document that decides, for every category of personal data a business holds, when the obligation to erase bites and what displaces it. Under the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025 that question has three distinct answers, and conflating them is where most schedules go wrong. Step 1: Establish What Is in Force and What Is Not By G.S.R. 843(E) dated November 13, 2025, issue

A service that may be used by anyone under eighteen will have to obtain verifiable parental consent before it processes that user's personal data. The obligation sits in section 9(1) of the Digital Personal Data Protection Act, 2023 and the manner of compliance is prescribed by rule 10 of the Digital Personal Data Protection Rules, 2025. Neither is in force yet, which is the first thing to establish before designing anything. Step 1: Fix the Commencement Position Before You D

A notice proposing an input tax credit reversal because a supplier did not pay the tax over is answerable, but only on the documents. This guide sets out how to build that answer, in the order the steps arise, beginning with the question that decides which defence is available at all. Step 1: Work Out What the Notice Actually Alleges Three allegations travel under the same heading and they are not answered the same way. The first is simple non-payment by the supplier. The sec

A borrower who wants to challenge a SARFAESI enforcement measure has one application, one forum and one short period in which to file. This guide sets out how to bring that application, in the order the steps arise, beginning with the distinction that decides whether the application is competent at all. Step 1: Identify Which Application You Are Making Two different applications go to the Debts Recovery Tribunal and they are not interchangeable. A secured creditor recovering

An application for recall of an admission order is not an appeal and is not a review, and the three are refused for different reasons. This guide sets out how to apply for recall of an order admitting a company into the corporate insolvency resolution process, in the order the steps arise, beginning with the choice of route that decides everything after it. Step 1: Choose Between Recall, Review and Appeal Before Drafting The National Company Law Tribunal has no power to revie

A recorded lecture carries at least two rights that can be enforced separately, and most claims over pirated course content plead only one of them. This guide sets out how to enforce rights in recorded lecture and course content, in the order the steps arise, beginning with the performer's right that belongs to the speaker personally and is frequently overlooked. Step 1: Separate the Rights Before Drafting Anything Three things may sit in a single recorded lecture. There is c

A patented medicine priced beyond the reach of the patients who need it is the situation the Patents Act, 1970 addresses through three mechanisms, only one of which is an application to the Controller. This guide sets out how to apply for a compulsory licence under the Act, in the order the steps arise, and where the two executive routes sit beside it. The exercise is evidential before it is legal: the provisions are short, and what decides an application is the material asse

A liquidation auction looks like a discount and is sometimes a liability. The asset is sold on an as is where is basis, which puts the burden of enquiry on the bidder, and statutory dues that sit on the property as a charge are not swept away by the sale. A buyer who has not quantified them before bidding has not valued the asset. This guide sets out the enquiry to make, in the order to make it. The exercise is not long. It is usually a week of searches and two letters, again

An application for the release of seized assets is a short document that is usually lost on one point: the explanation of where the asset came from. The statute gives a narrow window to apply, imposes a single substantive condition, and sets a period within which the asset is to be released. Whether that period obliges the department to hand the asset back is contested. The Allahabad High Court has held the provision directory, and the Gujarat High Court has referred the ques

Two provisions of the Arbitration and Conciliation Act, 1996 offer interim relief in almost identical terms. Section 9 is addressed to a court and Section 17 to the arbitral tribunal, and the choice between them is governed by timing, by the identity of the person you need bound, and by what you intend to do with the order afterwards. Getting it wrong is expensive: the Supreme Court held in Union of India v. Hariom Projects Private Limited, 2026 INSC 1044, that a pending appe

Section 270AA of the Income-tax Act, 1961 offers a trade that is often worth taking: pay the tax and interest on an assessment, give up the right to appeal against it, and the Assessing Officer grants immunity from the penalty under Section 270A and from prosecution under Section 276C or Section 276CC. The arithmetic usually favours the assessee, because a penalty at fifty per cent of the tax on the under-reported income is a large sum to gamble on an appeal. The difficulty i