INDIA Trends and Developments Contributed by: Arvind Sharma, Ajoy Roy, Sanjiv Malhotra, Shahana Chatterji and J.V. Abhay, Shardul Amarchand Mangaldas & Co.
Scope of review of trade remedy measures Appeals against the imposition of safeguarding, countervailing and anti-dumping duties are gov - erned by Section 9C of the Customs Tariff Act, 1975. Following the Finance Act, 2023, the pro - vision now covers any “determination or review” by the DGTR, broadening its earlier scope, which was limited to final orders. The limitation period for filing such appeals is 90 days from the date of determination or review. These appeals lie before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), subject to a pecuniary cap of INR5 million as prescribed under Section 129 (4) (c) of the Customs Act, 1962. Rules of origin and global developments Globally, there is growing regulatory focus on preventing circumvention of trade remedies through trans-shipment and misdeclaration of origin, making Rules of Origin (RoO) a critical point of enforcement. In India, the Customs Administration of Rules of Origin under Trade Agreements Rules, 2020 were introduced to operationalise RoO provisions in free trade agreements. They empower customs officials to verify claims, seek documentary evi - dence, and reject preferential treatment where origin thresholds, such as value addition norms or substantial transformation criteria, are not met. This ensures that duty concessions are limited to genuinely originating goods. Data – legal framework India’s data privacy regime is currently gov - erned by the Information Technology (Reason - able Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), issued under the Informa - tion Technology Act, 2000 (”IT Act”). The SPDI Rules will be replaced by a principled legisla - tion, the Digital Personal Data Protection Act,
2023 (“DPDP Act”), along with the draft Digital Personal Data Protection Rules, 2025 (”Draft Rules”), issued under the DPDP Act (collectively, “DPDP Framework”). Geographical scope The DPDP Framework will apply to the process - ing of “personal data”: • within India; and • outside India, if such processing involves the offering goods or services to individuals in India. Personal data is defined as “any data about an individual who is identifiable by or in relation to such data”. Consent requirement Personal data can only be processed with the explicit consent of the data principal. Grounds such as contractual necessity and legitimate interests are not recognised in the DPDP Frame - work. The consent provided by the data principal should be free, specific, informed, unconditional and unambiguous, and should signify an agree - ment to the processing of their personal data with a clear affirmative action. Data retention Data fiduciaries – defined as “any person who alone or in conjunction with other persons deter - mines the purpose and means of processing of personal data” – are required to erase the per - sonal data of the data principal under the follow - ing circumstances: 1. if the purpose for which it was collected is no longer being served; or 2. if the data principal withdraws their consent for the processing of their personal data; or
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