Internet Freedom FoundationMay 21, 2024

On March 12, 2024, the Ministry of Corporate Affairs ("MCA") published the Digital Competition Law Report (“Report”) & Draft Digital Competition Bill, 2024 (“DCB, 2024”) for stakeholder comments.

Read a summary of the suggestions we submitted to the MCA below👇 1/9

https://internetfreedom.in/iffs-submission-on-the-digital-competition-bill/

Summary of IFF’s submission on the draft Digital Competition Bill

IFF submission on the draft Digital Competition Bill, 2024 on May 15, 2024 focusses on four broad areas of concern: friction in the consultation process; inadequacies of the data protection law; potential regulatory overlap with existing and upcoming legislations; and proposed regulatory approach.

Internet Freedom Foundation
Dayle GibsonMay 21, 2024
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In a letter to the MCA, we requested an extension of the deadline for comments. While the MCA only extended it from April 15 to May 15, it allowed stakeholders to submit comments via email apart from the earlier mandatory E-Consultation mode. 2/9

https://drive.google.com/file/d/1tvu2bWFjugPn7LQjD_ALnqposMR2uwZO/view

IFF_2024_030_Letter on extension for Digital Competition Bill_21.03.2024.pdf

Google Docs
May 21, 2024 at 8:59amWeb
Show threadInternet Freedom FoundationMay 21, 2024

In our letter, we also flagged that the E-Consultation portal requires mandatory submission of e-mail ID and phone number, and other personal information in certain cases, before submitting comments. A complete reliance on a digital mode for accepting submissions could result in digital exclusion. 3/9

https://www.mca.gov.in/content/mca/global/en/econsultation.html

Show threadInternet Freedom FoundationMay 21, 2024

The MCA stated that it would not be making the comments received public on its website. Recent articles have revealed an inaccurate representation of stakeholder positions in the Report. This raises concerns about transparency in the drafting & consultation process. 4/9

https://www.moneycontrol.com/technology/stakeholder-positions-misrepresented-in-cdcl-report-on-big-tech-regulation-article-12720189.html

Show threadInternet Freedom FoundationMay 21, 2024

Inadequacies in the draft DPDPA, 2023, such as weak consent framework & weak notice requirements, continue to raise concerns. Notably, it excludes from its application any personal data made publicly available by a data principal or another person. This does not provide adequate protection against potential threats arising from practices like online scraping. The MCA must thus consider if the recommended safeguards are sufficient to curb anti-competitive practices. 5/9

https://internetfreedom.in/iffs-first-read-of-the-draft-digital-personal-data-protection-bill-2023/

IFF’s first read of the draft Digital Personal Data Protection Bill, 2023

Read our initial analysis of the draft Digital Personal Data Protection Bill, 2023.

Internet Freedom Foundation
Show threadInternet Freedom FoundationMay 21, 2024
The DCB, 2024 borrows the definition of ‘consent’ from the DPDPA, 2023 & the definition of ‘intermediaries’ from IT Rules, 2021. The evolving nature of these legislations, as well as the vague and arbitrary definitions within them, must be evaluated by the MCA before relying on them. 6/9
Show threadInternet Freedom FoundationMay 21, 2024

It is clear that the Digital India Bill (“DIB”), based on the initial contours shared by the Ministry of Electronics & IT, will have a broad scope of application. Thus, the MCA must consider the complementary nature of these legislations & allow room for future conciliation. 7/9

https://internetfreedom.in/many-mysteries-of-the-digital-india-bill/

Many mysteries of 'Digital India Bill'

This post is dedicated towards throwing some light on the much talked, heard, and discussed about ‘Digital India Bill’ (DIB), which strangely hasn’t even seen the light of the day yet.

Internet Freedom Foundation
Show threadInternet Freedom FoundationMay 21, 2024

The bill suggests an ex-ante approach, which has raised doubts amongst several stakeholders about its efficiency and effectiveness. Delayed appointments, excessive vacancies, and limited expertise of the CCI are persisting issues. 8/9

https://www.thehindubusinessline.com/opinion/cci-a-regulatory-stepchild/article67319227.ece

CCI, a regulatory stepchild

The delays in filling up key posts at Competition Commission of India has raised doubts as to whether the Centre was overlooking the competition watchdog

BusinessLine
Show threadInternet Freedom FoundationMay 21, 2024
Negative reinforcements like monetary penalties may be insufficient to drive change in monopolistic practices or anti-competition conduct of large entities. Thus, the MCA must consider other deterrents, incentives, or reinforcements, barring rights infringing penalties like criminal liability. 9/9