Namita Viswanath

Bengaluru

namita.viswanath@induslaw.com

    India (Advocate)

    B.A.L-LL.B. (Law) University Law College, Bengaluru (2006)

    LL.M. (Law) School of Law, Christ University, Bengaluru (2014)

    Namita is well-regarded for her technology law expertise across all industry sectors. Namita has advised several domestic and international clients from start-ups to mature private and public companies and investors in various technology-driven and technology-consuming industries on issues ranging from setting up an e-commerce business and outsourcing to data governance and cyber security. She focuses her practice on software, cloud-based services, artificial intelligence and machine learning, information technology, intellectual property, strategic acquisitions of business units/technology platforms and licensing, electronic and mobile commerce, health-tech, intermediary labilities, entertainment and digital business, and all forms of related legal and regulatory compliance and policy and advocacy initiatives. While Namita’s work primarily revolves around all facets of fintech related advice, she frequently advises and assists emerging and established companies on structuring their operations to house fin-tech activities, on new product offering and regulatory advisory services in the fin-tech space.   

    Namita has also worked on a wide range of commercial contracts, corporate transactions, corporate restructuring assignments and has advised on compliance under corporate and foreign exchange laws, with a special emphasis within the e-commerce, technology, banking and fin-tech sectors.  

    Namita is at the forefront of data privacy issues in India. She regularly speaks on data privacy, fintech and emerging technology law issues and has authored many academic articles on the subject.  Namita has been recognised by Legal 500 and Asialaw as one of India’s recommended TMT lawyers.
     

    Prior to INDUSLAW, Namita has had the benefit of being associated with the IT and telecom industries right from the very beginning of her career which includes a stint as a senior in-house counsel in Lenovo, Oracle and Bharti Airtel Limited.  

    In her spare time, Namita enjoys dancing, travelling and practicing Pilates. 

    publications

    LAUNCH OF THE LEGAL 500: TECHNOLOGY COUNTRY COMPARATIVE GUIDE
    Technology, Media & Telecommunications

    Launch of The Legal 500: Technology Country...

    This country-specific Q&A provides an overview to technology laws and regulations that may occur in the India. It covers communications networks and their operators, databases...
    "MENS REA" IN INSIDER TRADING – A "SINE QUA NON"?
    Mergers & Acquisitions

    "MENS REA" IN INSIDER TRADING – A...

    There is no uniform or consistent definition of an 'insider' among the securities regulatory authorities of the world's major financial economies. An insider (in context...
    CLOUD-BASED MESSAGING SERVICES IN INDIA: DATA SECURITY OBLIGATIONS
    Technology, Media & Telecommunications

    CLOUD-BASED MESSAGING SERVICES IN INDIA: DATA SECURITY...

    'Cloud Computing' refers to internet based computing that allows access to a pool or network of computing resources that are owned and maintained by a...
    INTERNAL COMPLAINTS COMMITTEES: REQUIREMENTS FOR COMPLAINTS RELATING TO SEXUAL HARASSMENT
    Employment Law

    INTERNAL COMPLAINTS COMMITTEES: REQUIREMENTS FOR COMPLAINTS RELATING...

    The Delhi High Court on February 16, 2017, in the matter of Ashok Kumar Singh v. University of Delhi & Ors pronounced on the nature...
    CLOUD SERVICES: GUIDELINES FOR GOVERNMENT PROCUREMENT
    Technology, Media & Telecommunications

    CLOUD SERVICES: GUIDELINES FOR GOVERNMENT PROCUREMENT

    The Ministry of Electronics and Information Technology, Government of India (the "Ministry") has announced the "MeghRaj Policy" (the "Policy") providing directions for adoption of cloud...
    DIGITAL BUSINESS IN INDIA: OVERVIEW
    Technology, Media & Telecommunications

    DIGITAL BUSINESS IN INDIA: OVERVIEW

    The Q&A guide gives a high level overview of matters relating to regulations and regulatory bodies for doing business online, setting up an online business,...
    UNION CABINET APPROVES THE WAGE CODE
    Employment Law

    UNION CABINET APPROVES THE WAGE CODE

    The Second National Labour Commission in 2002, recommended the division of labour laws into four or five broad groups concerning wages, social security, safety, industrial...
    THE NEW LAW ON DISABILITY: WHAT DOES IT MEAN FOR INDIAN CORPORATES?
    Corporate & Commercial

    THE NEW LAW ON DISABILITY: WHAT DOES...

    The Rights of Persons with Disabilities Act, 2016 (the 'Act') and the Rights of Persons with Disabilities Rules, 2016 (the 'Rules') came into effect on...
    RBI DIRECTIONS ON PEER TO PEER LENDING PLATFORMS
    Banking & Finance & Technology, Media & Telecommunications

    RBI DIRECTIONS ON PEER TO PEER LENDING...

    The Reserve Bank of India (the 'RBI') by way of a notification dated August 24, 2017, notified that a non-banking institution that carries on 'the...
    THE EXECUTIVE REMUNERATION REVIEW EDITION 6
    Employment Law

    The Executive Remuneration Review Edition 6

    When dealing with executive remuneration or compensation, the trend in today's growing market is to find a fine balance between the act of rewarding executives...
    RBI DIRECTIONS ON PEER TO PEER LENDING PLATFORMS: FREQUENTLY ASKED QUESTIONS
    Technology, Media & TelecommunicationsFinancial ServicesGovernment & Regulatory & Banking & Finance

    RBI DIRECTIONS ON PEER TO PEER LENDING...

    The Reserve Bank of India (the 'RBI') has published responses to frequently asked questions ('FAQs') regarding the Master Directions ' Non-Banking Financial Company ' Peer...
    WORK FORCE STRUCTURING & TERMS OF EMPLOYMENT
    Employment Law

    WORK FORCE STRUCTURING & TERMS OF EMPLOYMENT

    Structuring your corporate workforce raises a number of regulatory matters which require careful consideration. Namita Viswanath recently discussed best practices at an Employment Law seminar...
    DATA PROTECTION FRAMEWORK FOR INDIA
    Technology, Media & Telecommunications

    Data Protection Framework for India

    The Ministry of Electronics and Information Technology (MeitY) released a whitepaper on the proposed "a data protection regulatory framework for India" in November 2017.
    SUPREME COURT REFUSES TO STAY BAN ON DEALING WITH VIRTUAL CURRENCIES
    Technology, Media & Telecommunications & Government & Regulatory

    SUPREME COURT REFUSES TO STAY BAN ON...

    In April this year, the Reserve Bank of India (the 'RBI') issued a notification prohibiting the use of virtual currencies, preventing entities regulated by the...
    THE PERSONAL DATA PROTECTION BILL, 2018 KEY FEATURES AND IMPLICATIONS
    Technology, Media & Telecommunications

    The Personal Data Protection Bill, 2018 Key...

    The long-awaited Personal Data Protection Bill, 2018 (the 'Bill') was released on July 27, 2018, along with the report by the Committee of Experts under...
    DIGITAL BUSINESS IN INDIA: OVERVIEW
    Corporate & Commercial

    Digital Business in India: Overview

    The Q&A gives a high level overview of matters relating to regulations and regulatory bodies for doing business online, setting up an online business, electronic...
    THE SUPREME COURT'S AADHAAR JUDGEMENT AND THE RIGHT TO PRIVACY
    Technology, Media & Telecommunications & Government & Regulatory

    THE SUPREME COURT'S AADHAAR JUDGEMENT AND THE...

    At the end of September, the Supreme Court of India upheld the validity of the Aadhaar Act, 2016 to the extent it related to using...
    THE  AADHAAR JUDGMENT AND RECENT POLICY CHANGES:  WHAT DOES IT MEAN FOR  FIN - TECH COMPANIES?
    Technology, Media & Telecommunications & Government & Regulatory

    THE AADHAAR JUDGMENT AND RECENT POLICY CHANGES:...

    The recent judgement of the Supreme Court of India, upholding the validity of Aadhaar while striking out parts of the Aadhaar Act which permitted body...
    RBI GUIDELINES FOR THE INTEROPERABILITY OF PREPAID PAYMENT INSTRUMENTS :  A BOOST FOR DIGITAL WALLETS?
    Financial ServicesGovernment & Regulatory & Technology, Media & Telecommunications

    RBI GUIDELINES FOR THE INTEROPERABILITY OF PREPAID...

    On October 16, 2018, the RBI issued guidelines for the interoperability of know-your-customer compliant prepaid payment instruments, which were widely anticipated ever since the RBI...
    THE SUPREME COURT UPHOLDS TRAI'S TARIFF ORDER
    Technology, Media & Telecommunications & Government & Regulatory

    THE SUPREME COURT UPHOLDS TRAI'S TARIFF ORDER

    The Supreme Court of India recently upheld the validity of the TRAI's Regulations and Tariff Order introduced in 2017, primarily dealing with the manner in...
    LOYALTY AND REWARD PROGRAMS IN INDIA: THE APPLICABLE REGULATORY FRAMEWORK
    Technology, Media & Telecommunications & Government & Regulatory

    LOYALTY AND REWARD PROGRAMS IN INDIA: THE...

    Even though loyalty and reward programs offered by marketplaces are currently operating in an unregulated environment, there is a fine line of differentiation in the...
    THE DRAFT INFORMATION TECHNOLOGY INTERMEDIARIES GUIDELINES (AMENDMENT) RULES, 2018
    Technology, Media & Telecommunications & Government & Regulatory

    THE DRAFT INFORMATION TECHNOLOGY INTERMEDIARIES GUIDELINES (AMENDMENT)...

    Proposed amendments to the rules governing online intermediaries were published at the end of 2018, intending to curb the posting of illegal online content and...
    CONSULTATION PAPER ON REGULATORY FRAMEWORK FOR OVER-THE-TOP COMMUNICATION SERVICES
    Technology, Media & Telecommunications & Government & Regulatory

    CONSULTATION PAPER ON REGULATORY FRAMEWORK FOR OVER-THE-TOP...

    The Telecom Regulatory Authority of India recently released a consultation paper on the regulatory framework for over-the-top communication services, inviting comments from interested stakeholders.
    COMMENTS ON THE DRAFT NATIONAL E-COMMERCE POLICY
    Government & Regulatory

    COMMENTS ON THE DRAFT NATIONAL E-COMMERCE POLICY

    In March 2019, the Draft National e-Commerce Policy was introduced, which delved into e-commerce issues relating to encompassing data, infrastructure development, e-commerce marketplaces, regulatory issues,...
    FINTECH NEWSLETTER - MARKET UPDATES AND RECENT LEGAL DEVELOPMENTS IN INDIA
    Government & Regulatory

    FINTECH NEWSLETTER - MARKET UPDATES AND RECENT...

    The fin-tech sector has rapidly expanded out of the back-end technology used by large financial institutions, to cover all emerging technological innovations having a bearing...
    INFOLEX FINTECH NEWSLETTER - JUNE 1 2019 TO OCTOBER 15 2019
    Intellectual Property

    Infolex Fintech Newsletter - June 1 2019...

    The fin-tech sector has rapidly expanded out of the back-end technology used by large financial institutions, to cover all emerging technological innovations having a bearing...
    THE PERSONAL DATA PROTECTION BILL, 2019: KEY CHANGES AND ANALYSIS
    Technology, Media & Telecommunications

    THE PERSONAL DATA PROTECTION BILL, 2019: KEY...

    The Personal Data Protection Bill, 2019 (the '2019 Bill') was introduced in the Lok Sabha on December 11, 2019 by the Ministry of Electronics and...
    NEWSLETTERS | JAPAN (SEP - DEC 2019)
    Technology, Media & Telecommunications

    Newsletters | Japan (Sep - Dec 2019)

    INDUSLAW is a multi-speciality Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad and Mumbai....
    NEWSLETTER | CHINA (SEP - DEC 2019)
    Technology, Media & Telecommunications

    Newsletter | China (Sep - Dec 2019)

    INDUSLAW is a multi-speciality Indian law firm with 42 partners and over 150 lawyers across four offices in Bengaluru, Delhi, Hyderabad and Mumbai....
    PRIVACY LAWS IN THE STATE OF CALIFORNIA AND INDIA
    Technology, Media & Telecommunications

    PRIVACY LAWS IN THE STATE OF CALIFORNIA...

    The Personal Data Protection Bill, 2019 (the 'PDP Bill') and the California Consumer Privacy Act of 2018 (the 'CCPA') have been formulated with the primary...
    FINTECH NEWSLETTER: OCTOBER 15, 2019 &#8211 JANUARY 15, 2020.
    Technology, Media & Telecommunications & Government & Regulatory

    FinTech Newsletter: October 15, 2019 &#8211 January...

    The fin-tech sector in India has been witnessing increased attention and growth on account of digital inclusion, technological innovations, and interest from second-time entrepreneurs like...
    COMMENTS ON THE DRAFT FRAMEWORK FOR AUTHORISATION OF A PAN-INDIA NEW UMBRELLA ENTITY FOR RETAIL PAYMENT SYSTEMS
    Technology, Media & Telecommunications & Government & Regulatory

    COMMENTS ON THE DRAFT FRAMEWORK FOR AUTHORISATION...

    In its financial stability report dated December 27, 2019, the Reserve Bank of India (the 'RBI') proposed the New Umbrella Entity (the 'NUE') for retail...
    RBI GUIDELINES ON REGULATION OF PAYMENT AGGREGATORS AND PAYMENT GATEWAYS
    Technology, Media & Telecommunications & Government & Regulatory

    RBI GUIDELINES ON REGULATION OF PAYMENT AGGREGATORS...

    The RBI has decided to comprehensively regulate the activities of payment aggregators and provide baseline technology-related recommendations to payment gateways. The substantive Guidelines come into...
    FINTECH NEWSLETTER &#8211 JANUARY 16, 2020 TO APRIL 30, 2020
    Technology, Media & Telecommunications & Government & Regulatory

    Fintech Newsletter &#8211 January 16, 2020 to...

    Despite the economic slowdown due to the COVID-19 pandemic, the Indian fin-tech sector has done exceedingly well this past quarter, with uninterrupted innovation and investments...
    AUGMENTING THE FIGHT AGAINST COVID-19: HOW BUSINESSES ARE STEPPING UP – REGULATORY ENABLERS AND MISSES
    Corporate & Commercial & Technology, Media & Telecommunications

    Augmenting the fight against Covid-19: How Businesses...

    COVID-19 has brought the world to its knees. Countries are at different stages of transmission of the pandemic, trying their best to cope with their...
    INFOALERT | LOANS SOURCED BY BANKS AND NBFCS OVER DIGITAL LENDING PLATFORMS: ADHERENCE TO FAIR PRACTICES CODE AND OUTSOURCING GUIDELINES
    Banking & Finance

    InfoAlert | Loans Sourced by Banks and...

    The Reserve Bank of India recently issued a notification to reiterate and ensure compliance of the Fair Practices Code and outsourcing guidelines for financial services,...
    INFOALERT ARTICLE - MARKETPLACE E-COMMERCE : IMPACT ON PLATFORM IMMUNITY UNDER THE NEW CONSUMER PROTECTION REGIME
    Technology, Media & Telecommunications & Government & Regulatory

    InfoAlert Article - Marketplace E-commerce : Impact...

    Legislative protections and immunities granted to e-commerce marketplaces over the years have significantly contributed to the continued growth and development of digital platforms for communication,...
    FINTECH NEWSLETTER – MAY 1, 2020 TO JULY 31, 2020
    Technology, Media & Telecommunications

    Fintech Newsletter – May 1, 2020 to...

    The economic disruptions owing to the current pandemic, have impacted funding globally, with venture-backed investments in India falling drastically between March and June 2020, as...
    INFOLEX NEWSALERT | RBI FRAMEWORK FOR AUTHORIZATION OF PAN-INDIA UMBRELLA ENTITY FOR RETAIL PAYMENT
    Technology, Media & Telecommunications & Government & Regulatory

    Infolex NewsAlert | RBI Framework for Authorization...

    The Reserve Bank of India issued a Press Release on August 18, 2020, placing on its website a 'framework for authorization of pan-India umbrella entity...
    INFOLEX ARTICLE: AN ANALYSIS OF STOCK APPRECIATION RIGHTS IN INDIA
    Corporate & Commercial

    Infolex Article: An Analysis of Stock Appreciation...

    ESOPs are constructed to incentivise and reward employees of companies. However, as cap tables become more complex, Indian companies have begun experimenting with other ways...
    FINTECH NEWSLETTER – AUGUST 01, 2020-OCTOBER 15, 2020
    Technology, Media & Telecommunications & Government & Regulatory

    Fintech Newsletter – August 01, 2020-October 15,...

    Despite the recent economic slowdown in India with the extended lock-down, the fintech industry has continued to attract investments, with Covid-19 having fast-tracked adoption of...
    INFOLEX NEWSALERT – LIBERALISATION OF GUIDELINES FOR OTHER SERVICE PROVIDERS
    Corporate & Commercial & Technology, Media & Telecommunications

    Infolex NewsAlert – Liberalisation of Guidelines for...

    The New OSP Guidelines have been issued by the DoT with the objective of devising a framework to accommodate the constant innovations in technology and...
    FINTECH NEWSLETTER | OCT 16, 2020 TO DEC 31, 2020
    Technology, Media & Telecommunications

    Fintech Newsletter | Oct 16, 2020 to...

    The Indian fintech market has continued to grow and evolve, with the Covid-19 pandemic accelerating digitization amongst consumers, micro, small and medium enterprises (“MSMEs”), banks,...
    CHINA NEWSLETTERS (OCTOBER 2020 - DECEMBER 2020)
    Technology, Media & Telecommunications & Government & Regulatory

    China Newsletters (October 2020 - December 2020)

    INDUSLAW brings you key regulatory and legal developments in various sectors in India on a quarterly basis. INDUSLAW is a multi-specialty...
    INFOLEX | RULES FOR INTERMEDIARY AND DIGITAL MEDIA ETHICS CODE
    Technology, Media & Telecommunications

    InfoLex | Rules for Intermediary and Digital...

    In response to the mass dissemination of fake news and offensive/ unregulated content online, the Indian Government has issued a Digital Media Ethics Code for...
    INFOLEX ARTICLE: CLARIFICATION ON THE GUIDELINES ON REGULATION OF PAYMENT AGGREGATORS AND PAYMENT GATEWAYS
    Technology, Media & Telecommunications & Government & Regulatory

    Infolex Article: Clarification on the Guidelines on...

    The RBI has made public certain clarifications with respect to the Guidelines on Regulation of Payment Aggregators and Payment Gateways. INDUSLAW’s Avimukt Dar,...
    FINTECH NEWSLETTER | JANUARY 01, 2021 TO MARCH 31, 2021
    Technology, Media & Telecommunications & Government & Regulatory

    Fintech Newsletter | January 01, 2021 to...

    The Fintech sector in India has continued to grow despite the Covid-19 pandemic challenges and is now one of the largest fintech markets worldwide.
    FINTECH NEWSLETTER – APRIL 01, 2021 TO JUNE 30, 2021
    Technology, Media & Telecommunications & Government & Regulatory

    Fintech Newsletter – April 01, 2021 to...

    The Indian fintech space remains one of the fastest growing sectors, with companies evolving new business models to digitise more aspects of banking and financial...
    E-RUPI AND ITS BENEFITS FOR THE DIGITAL PAYMENTS ECOSYSTEM IN INDIA
    Financial ServicesGovernment & Regulatory & Technology, Media & Telecommunications

    E-RUPI AND ITS BENEFITS FOR THE DIGITAL...

    The Government of India has recently launched 'e-RUPI', a new digital payment solution built on the UPI system. INDUSLAW's Namita Viswanath, Shreya Suri,...
    FINTECH NEWSLETTER: RECENT LEGAL DEVELOPMENTS AND MARKET UPDATES IN INDIA
    Technology, Media & Telecommunications & Government & Regulatory

    FINTECH NEWSLETTER: RECENT LEGAL DEVELOPMENTS AND MARKET...

    The Indian fintech sector has continued to grow and attract investments. In line with the policy objective of consumer protection and to make digital payment...
    FINTECH NEWSLETTER | OCTOBER 1, 2021 TO DECEMBER 31, 2021
    Technology, Media & Telecommunications & Government & Regulatory

    Fintech Newsletter | October 1, 2021 to...

    The Indian fintech sector provides an optimistic outlook for the upcoming year of 2022. INDUSLAW’s Avimukt Dar, Suneeth Katarki, Namita Viswanath, Shreya Suri,...
    UNWINDING CERT-IN'S DIRECTIONS ON CYBER SECURITY PRACTICES AND REPORTING OF CYBER INCIDENTS
    Technology, Media & Telecommunications

    UNWINDING CERT-IN'S DIRECTIONS ON CYBER SECURITY PRACTICES...

    With data leaks, ransomware attacks and other cyber security incidents becoming increasingly rampant, India's cybersecurity watchdog – CERT-In recently issued directions relating to information security...