AMLEGALS - A Specialised Law Firm

SEBI Introduces Small & Medium (SM) REITs: Revolutionizing Real Estate Investment With Enhanced Access And Transparency https://lnkd.in/gWXwhhst #SEBI #smreits #realestate #investment #amlegals

FinTech Firsts | Streamlining Net Banking: RBI’s Move Towards Interoperable Merchant Payments https://lnkd.in/gKnXbJxQ #fintech #RBI #payments #merchants #netbanking #interoperability #amlegals

Thematic Thursdays | Limitation for filing of petition for appointment of Arbitrator commences after invocation of Arbitration Clause https://lnkd.in/gQMcJK5n #arbitration #appointment #limitation #invocation #adr #amlegals

The Reserve Bank of India (RBI) has issued a press release with a draft circular on "Digital Lending – Transparency in Aggregation of Loan Products from Multiple Lenders" FOR COMMENTS. The digital lending industry had witnessed several issues such as lack of transparency and mis-selling and unfair practices that may have prompted the need for these directions. Some legal and techno legal issues need to be considered if the directions become final for implementation. 1.    Integration related: Seamlessly integrate REAL TIME loan offers, APR, T&Cs, amount and tenor of loans from multiple lenders. This requires technological infrastructure and standardization of data formats and APIs across lenders. In cases where real-time integration is not feasible or necessary, LSPs can implement batch data synchronization processes with lenders. Example: Lenders may provide regular batch updates (e.g., hourly or daily) of their loan offers, APR, and other details to the LSP through secure file transfers or data feeds. 2.    Ensuring unbiased display of loan offers: LSPs to display loan offers in an unbiased manner without promoting any particular RE. Implementing algorithms and user interfaces that ensure a fair and unbiased presentation of loan offers can be challenging. For example, the algorithm could sort loan offers in ascending order of APR or present offers randomly, without any bias towards specific lenders. LSPs can display loan offers in a randomized order, shuffling the sequence of lenders for each borrower or session. The UI design of the loan offer display can play a crucial role in ensuring an unbiased presentation. 3.    Preventing the use of dark patterns: LSPs must ensure that their digital platforms do not employ deceptive patterns or practices (dark patterns) that mislead borrowers into choosing a particular loan offer. Identifying and eliminating such practices may require careful design and testing of user interfaces. Framing loan offers in a way that emphasizes the benefits while downplaying or obscuring the risks or drawbacks. Example: Describing a high-interest rate loan as "low monthly payments" without clearly stating the overall cost. LSPs will need to review their contractual arrangements and make necessary changes to align with the RBI's directions, such as: 1.    Limiting direct marketing and solicitation of loan products to users. 2.    Ensuring that the display of loan offers is unbiased and does not promote any particular RE. 3.    Providing clear and transparent information about the identity of lenders, key terms, and conditions of loan offers. 4.    If the development is outsourced to any vendor then add provisions in the contract for UAT reports, the Load balance test reports, SLAs etc.

Wednesday Walkthrough | Progressive Solutions: Amplifying Data Privacy Programs https://lnkd.in/g24wMJPb #dataprivacy #solutions #programs #security #DPDPA #respectdata #amlegals

Tuesday Takeaways| ITC cannot be rejected merely due to discrepancy in GSTR-2A and GSTR-3B, actual loss to the Revenue to be ascertained https://lnkd.in/gWCdxv8K #tax #ITC #GST #revenue #legal #regulations #amlegals

Wednesday Walkthrough | The Intricacies of Incognito mode and the quest for online privacy https://lnkd.in/gtThPQ7j #respectdata #dataprivacy #online #digitalprivacy #incognitomode #cybersecurity #amlegals

We are pleased to share the MSME Case Laws Handbook! This handbook contains summarised insights of landmark cases pertaining to the Micro, Small, and Medium Enterprises (“MSME”) sector, which stands as a dynamic and integral component of the nation's economic landscape, contributing significantly to employment generation, industrial output, and exports. #MSME #India #caselaws #landmark #legal #economy #arbitration #legislation #MSMEDAct #industry #enterprises #amlegals

Tuesday Takeaways | In the Absence of Notification of Cross Empowerment, action taken by counterparts are without Jurisdiction https://lnkd.in/gTuq2yDM #taxation #law #legal #jurisdiction #amlegals

Since its inception in 2018, the General Data Protection Regulation of European Union has reshaped the landscape of data protection, compelling organizations to prioritize transparency, accountability, and robust security measures. However, despite its stringent framework, breaches and violations have occurred, leading to notable fines imposed by the regulatory authorities. To know more about the most noteworthy GDPR fines, read our white paper below! #RespectData #GDPR #dataprivacy #dataprotection #EU #law #fines #databreach #amlegals