Fox Mandal's technology law services cover regulatory compliance, data privacy, digital consumer protection and technology contracts for businesses operating in India's digital economy.
Talk to our Experts!The information and digital technology sector are characterized by a high degree of innovation and it is always a challenge to apply legal principles to emerging technology products or services. On many occasions, there is a lag in legislative initiatives and that creates a legal vacuum to be filled by the application of general principles of law, contract, tort, consumer rights, product liability, privacy, intellectual property, and competition law. Most of the digital technology products are targeted for consumers across the globe, naturally conflict of law issues and influence and impact of laws prevailing in various countries become equally relevant.
Helping technology companies in their legal compliances and making their products and services in accordance with the general provisions of law and internally accepted legal principles is thus a challenge. Our technology law team is well equipped to handle such matters and help companies in navigating through legal challenges and offering their products/ services in compliance with the law.
In a business-as-usual sense, we assist companies in regulatory compliance as well as advise on commercial and corporate matters, employment law issues, IPR issues and real estate matters.
We also offer transaction advisory services to tech-entities seeking funds for research undertakings or for business expansion. We further assist larger companies and funds when small innovative entities serve as lucrative acquisition targets or portfolio investments for them. We achieve it by leveraging our relationships with law firms in other jurisdictions, as necessary.
Fox Mandal’s technology law services cover regulatory compliance, data privacy, digital consumer protection and technology contracts for businesses operating in India’s digital economy.
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Most businesses that collect or process personal data are expected to maintain a clear privacy policy i.e. setting out what data is collected, how it is used, and the consent basis on which it is obtained supported by appropriate terms of use and cookie notices. Higher-risk processing may also require a data protection impact assessment before it begins.
The practice covers the commercial contracts that underpin technology businesses, including SaaS agreements, software licences and cloud-services arrangements, together with the data protection considerations that arise when data is stored or processed by a third party.
As artificial intelligence tools become embedded in more products, the team advises on AI deployment and the related intellectual property questions, applying existing data protection, IP and consumer protection law while dedicated AI legislation continues to develop.
The practice also advises on cybersecurity compliance and incident response, including the mandatory reporting obligations under CERT-In directions, which require certain categories of cyber incidents to be reported within six hours of detection, alongside coordination with regulators and affected parties.
The DPDPA also addresses cross-border data transfers, restricting transfers of personal data to countries notified by the Central Government; businesses with global operations should review their data flows and, where required, put in place appropriate contractual mechanisms and compliance documentation.
For digital platforms and e-commerce businesses, the team advises on compliance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including intermediary safe harbour conditions, grievance redressal mechanisms and compliance officer requirements.
Sector-specific advice is provided to businesses in fintech (including digital lending and payment aggregator regulations), health tech (telemedicine guidelines and health data sensitivity) and edtech (processing of children’s data under the DPDPA), where technology law intersects with industry-specific regulatory frameworks.
The technology practice also covers issues arising in the digital context, including open source software licensing and compliance, copyright protection for software and databases, trade secret protection for proprietary algorithms and business logic, and technology-focused mergers and acquisitions.
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The DPDPA, 2023 requires entities that process personal data (data fiduciaries) to obtain valid consent, use data only for specified purposes, implement reasonable security safeguards, and, in certain cases, conduct data protection impact assessments. The Digital Personal Data Protection Rules, 2025 were notified on 14 November 2025 and set out these obligations on a staggered timeline, so specific compliance dates should be checked against the Rules as the phased implementation progresses.
A SaaS agreement typically covers service levels, data ownership and processing terms, security and confidentiality obligations, liability and indemnity, termination and data return or deletion, and compliance with applicable data protection law.
As of now, India does not have a standalone law dedicated exclusively to artificial intelligence. AI-related issues are currently addressed through existing frameworks such as data protection, IP and consumer protection law, along with sector-specific guidance, and this area continues to evolve.
The Data Protection Board of India is the authority established under the DPDPA, 2023 to oversee compliance, handle data breach matters and adjudicate certain data protection complaints, now that the Digital Personal Data Protection Rules, 2025 have been notified; appeals from the Board lie to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
A software licence agreement typically covers the scope of permitted use, restrictions on modification or distribution, intellectual property ownership, support and maintenance terms, and liability for defects or non-performance.
Under the DPDPA, 2023, consent must generally be free, specific, informed, unconditional and unambiguous, and individuals must be given a clear notice describing the purpose of data collection before consent is obtained.
A data protection impact assessment is generally required for processing activities that the DPDPA or its rules identify as carrying higher risk, and involves evaluating the risks to individuals and the safeguards in place to address them.
Businesses using cloud computing services should generally review the vendor's data security and data protection commitments, where the data is stored, and how responsibilities are allocated between the business and the cloud provider under the applicable agreement.
Yes, the technology law team advises on the legal aspects of responding to a data breach or cybersecurity incident, including notification obligations under applicable law and coordination with regulators where required.
Most existing privacy policies are likely to need review and updating to align with DPDPA requirements, particularly around consent, data retention and individual rights, as the Digital Personal Data Protection Rules, 2025 are phased into force.
Yes, SaaS agreements are drafted and negotiated from either the service provider's or the customer's perspective, depending on the engagement.
Depending on the matter, this can include the Data Protection Board of India under the DPDPA, sector regulators such as the Reserve Bank of India or the Securities and Exchange Board of India for regulated entities, and authorities under the Information Technology Act, 2000.
Yes, this includes advising on platform terms of use, seller or vendor agreements, and applicable digital platform regulation, in addition to the data protection and cybersecurity aspects of running a digital platform.
Under the DPDP Rules, 2025, personal data may generally be transferred outside India unless the Central Government notifies a country to which transfers are restricted. Businesses should review their data flows and ensure appropriate contractual and compliance arrangements are in place for international transfers.
Under CERT-In directions issued in 2022, service providers, intermediaries, data centres and certain other entities must report specified categories of cyber security incidents to CERT-In. Applicable entities must also maintain logs for 180 days and designate a point of contact for coordination.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 set out conditions for intermediaries to claim safe harbour from liability for third-party content, including publishing terms of use, appointing grievance and compliance officers, and removing unlawful content within specified timelines. Significant social media intermediaries have additional due diligence obligations.
The DPDPA requires verifiable parental or guardian consent before processing the personal data of children. Data fiduciaries must not undertake tracking, behavioural monitoring or targeted advertising directed at children, unless specifically exempted. Edtech and other businesses processing children’s data should review their consent flows and processing activities accordingly.
Businesses using open source software should understand the licence terms applicable to each component, particularly copyleft obligations that may require disclosure of derivative works, attribution requirements, and any restrictions on commercial use. A licence compliance review is advisable when incorporating open source into proprietary products or preparing for M&A transactions.
Fintech businesses must navigate both technology law and financial sector regulations. This includes RBI guidelines on digital lending, payment aggregators and prepaid instruments, data localisation requirements for payment data, outsourcing norms, and general data protection obligations under the DPDPA.
Healthtech businesses handle sensitive personal data including health records and biometric data. They must comply with telemedicine practice guidelines, maintain appropriate security safeguards for health data, and ensure consent mechanisms meet the requirements of both the DPDPA and any sector-specific health data regulations that may apply.
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