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Ergo Update

Preventing ‘Cookies’ from Crumbling under the DPDP Act Regime

Submitted by yvonne on Tue, 02/04/2025 - 18:08

Recently, the Advertising Standards Council of India (ASCI) has released a whitepaper titled “Navigating Cookies: Recalibrating your cookie strategy in light of the DPDPA” (White Paper). As the relevant legal landscape evolves, the need to realign and rework cookie consent policies would become highly critical.

Data privacy law considerations in NCLAT’s stay order of the CCI WhatsApp decision

Submitted by yvonne on Tue, 01/28/2025 - 18:12

On 23 January 2025, the National Company Law Appellate Tribunal (NCLAT) stayed the Competition Commission of India’s (CCI) decision restricting WhatsApp from sharing user data with Meta companies for advertising purposes over the next five years. NCLAT also directed WhatsApp to deposit 50% of the INR 213.14 crore fine imposed by the CCI within two weeks.

From Local to Global: Decoding RBI's Recent Amendments to FEMA Regulations for Cross-Border Transactions

Submitted by yvonne on Tue, 01/28/2025 - 12:57

RBI has amended the following regulations (i) Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) Regulations, 2015 (FCA Regulations) through the Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) (Fifth Amendment) Regulations, 2025 (FCA Amendment); and (ii) Foreign Exchange Management (Deposit) Regulations, 2016 (Deposit Regulations) through the Foreign Exchange Management (Deposit) (Fifth Amendment) Regulations, 2025 (Deposit A

Government issues guidance on application of ‘principal purpose test’ under tax treaties

Submitted by yvonne on Fri, 01/24/2025 - 17:04

In a welcome development, the Central Board of Direct Taxes (CBDT), India’s apex tax administration body, has provided much-needed clarity regarding the application of the ‘Principal Purpose Test’ (PPT) under tax treaties. The CBDT has clarified that in case of shares acquired by residents of Mauritius, Cyprus, and Singapore in Indian companies prior to 1 April 2017, the gains on transfer of such shares will remain outside the purview of the PPT and that the PPT will apply prospectively.

Upgrades to SEBI Listing Regulations – Optimizing the current disclosure framework for debt listed issuers

Submitted by yvonne on Fri, 01/24/2025 - 10:50

On 12 December 2024, the Securities and Exchange Board of India (SEBI) issued the SEBI (Listing Obligations and Disclosure Requirements) (Third Amendment) Regulations, 2024 (Amendment Regulations) which have amended the SEBI (Listing Obligations and Disclosure Requirements), 2015 (SEBI LODR). The Amendment Regulations were framed pursuant to the proposals which were approved by SEBI in its board meeting held on 30 September 2024.