Commercial Dispute

Summary: As businesses become increasingly global, requests from foreign regulators, courts and law-enforcement agencies for information held in India are becoming a routine part of cross-border compliance. Businesses must now play the balancing act—comply with India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”), and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”), on the one hand, and the laws of the requesting jurisdiction on the other. The DPDP framework does not automatically exempt foreign regulatory requests. Business must, therefore, regularly assess the basis for processing and disclosure, cross-border transfer requirements and, determine whether such request should be routed through an Indian legal mechanism.

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Domain Name Registrar or Do Not Register? – The Question to be Answered

Domain Name Registrars (“DNR”) assist users in registering websites with a domain name of their choice. DNRs collect information from the user and submit it to the respective domain registry. This has resulted in several users misusing intellectual property of third parties either unintentionally or with the intent of riding upon the goodwill of such third parties. Consequently, DNRs, the ad-hoc gatekeepers of the internet, have come under intense scrutiny of the courts. 

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