Digital Personal Data Protection Act, 2023
India's comprehensive data protection law governing processing of digital personal data
Technology Law Services
Technology Law Services
Comprehensive legal services for technology businesses including data privacy, open source compliance, digital commerce, and accessibility law
Technology Law Practice Overview
The technology law practice at BananaIP Counsels provides comprehensive legal services addressing the unique challenges of technology businesses. Combining 22 years of Intellectual Property expertise with deep technological understanding, we assist clients in navigating data privacy regulations, open source licensing, digital commerce frameworks, and accessibility compliance requirements.
Technology companies face a complex regulatory landscape spanning data protection laws, IT regulations, sector-specific compliance requirements, and evolving digital commerce frameworks. Our technology law practice addresses these challenges with attorneys who understand both legal requirements and technological operations.
We have pioneered open source licensing services in India since 2004, building expertise across GPL, MIT, Apache, and other license types. Our data privacy practice covers the Digital Personal Data Protection (DPDP) Act 2023, GDPR compliance, and cross-border data transfer requirements.
The practice serves technology companies, e-commerce platforms, digital content creators, and enterprises managing complex technology ecosystems. We also provide legal advisory on digital accessibility compliance, helping organisations understand their obligations under the Rights of Persons with Disabilities Act, 2016 and applicable WCAG standards.
Legal Frameworks
Key legislation and regulations covered by our technology law practice.
Information Technology Act, 2000
Primary legislation governing electronic commerce, cybersecurity, and digital transactions
IT Rules, 2021
Rules for intermediaries, digital media, and OTT platforms
Consumer Protection Act, 2019
E-commerce specific provisions for consumer rights and platform obligations
GDPR Compliance
EU data protection requirements for companies with EU customers or operations
Copyright Act, 1957
Protection of software, digital content, and creative works
Rights of Persons with Disabilities Act, 2016
Accessibility requirements for digital platforms including websites and mobile applications under Section 42
Technology Law Service Offerings
Comprehensive legal services addressing the unique challenges of technology businesses, digital platforms, and innovative enterprises.
Data Protection & Privacy
Compliance guidance for data protection regulations including DPDP Act 2023, GDPR, and IT Act requirements, along with cybersecurity policy development and breach response.
- DPDP Act 2023 compliance implementation
- GDPR and international privacy compliance
- Privacy policy and notice drafting
- Data protection impact assessments
- Security breach response protocols
Open Source Licensing and Advisory
Legal opinions, licence drafting, compliance services, audit and advisory, policy development, and dispute resolution for open source software—pioneering these services in India since 2004.
- Open source license opinions
- Drafting of open source licenses
- Open source policies and best practices
- License compliance services
- Audit and advisory services
E-Commerce & Digital Business Law
Legal support for online businesses covering regulatory compliance, platform terms, consumer protection, and digital marketplace operations.
- E-commerce platform compliance
- Consumer protection regulations
- Terms of service and privacy policies
- Marketplace and seller agreements
- Digital advertising compliance
Accessibility Law
Legal advisory on digital accessibility compliance for websites and mobile applications under RPwD Act 2016, WCAG standards, and GIGW guidelines.
- Legal compliance opinions for websites and apps
- Accessibility policy and statement drafting
- RPwD Act 2016 compliance advisory
- WCAG standards interpretation
- Contract review for accessibility clauses
Industry Sectors
Technology law services across diverse digital and technology sectors.
Information TechnologySoftware & SaaSE-Commerce & MarketplacesFinTech & Digital PaymentsMedia & EntertainmentGaming & Interactive MediaOTT PlatformsTelecommunicationsCloud Service ProvidersAI & Machine LearningCybersecurity CompaniesEdTech & E-LearningHealthTechDigital AdvertisingSocial Media PlatformsContent Creation & Publishing
Practice Characteristics
Aspects of our technology law practice that enable substantive engagement with client matters.
Technology Background
Team members with engineering and technology backgrounds enabling substantive engagement with technology matters. Understanding of software development, cloud architectures, and digital systems.
Pioneer in Open Source
Launched professional open source licensing services in India in 2004. Extensive experience with GPL, MIT, Apache, Creative Commons, and proprietary license interactions.
Privacy Practice
Active practice in data privacy covering DPDP Act 2023, GDPR, and cross-border data transfers. Experience with privacy impact assessments, consent frameworks, and breach response.
E-Commerce Experience
Legal services provided to over 100 e-commerce entities across platforms, marketplaces, and online stores. Understanding of platform operations and regulatory requirements.
Accessibility Law Advisory
Legal advisory on digital accessibility compliance under the Rights of Persons with Disabilities Act, 2016. Policy drafting, compliance opinions, and contract review for accessibility requirements.
Integrated IP Support
Technology law services integrated with comprehensive IP capabilities. Unified approach to patent, trademark, copyright, and technology matters for tech companies.
Frequently Asked Questions
Common questions about technology law, data privacy, open source licensing, digital commerce, and accessibility compliance
The DPDP Act is India's comprehensive data protection legislation governing the processing of digital personal data. It establishes obligations for data fiduciaries (entities that determine processing purposes), rights for data principals (individuals), and requirements for consent, data security, and cross-border transfers. The Act applies to processing of personal data collected online or digitised offline, with significant penalties for non-compliance.
Common compliance issues include: failing to provide required attribution or copyright notices; not disclosing source code when required by copyleft licenses (like GPL); mixing incompatible licenses in the same project; not tracking open source components in products; and misunderstanding license obligations for distribution versus internal use. Proper compliance requires licence identification, obligation mapping, and systematic processes.
The IT Act provides the legal framework for electronic transactions, digital signatures, and cybersecurity. For technology businesses, key provisions include intermediary liability (Section 79), data protection obligations (Section 43A), cybersecurity incident reporting, and penalties for various cyber offences. The 2021 IT Rules add requirements for intermediaries, social media, and OTT platforms.
Essential documents include: terms of service/use, privacy policy, cookie policy, return and refund policy, shipping and delivery terms, seller/vendor agreements (for marketplaces), payment terms, and disclaimers. E-commerce entities must also comply with Consumer Protection (E-Commerce) Rules, 2020 regarding disclosure requirements, grievance mechanisms, and prohibited practices.
Digital distribution contracts typically address: scope of rights granted (exclusive/non-exclusive, territories, platforms), delivery format specifications, revenue sharing or advance/royalty models, term and termination provisions, content protection requirements, reporting and audit rights, and warranties regarding ownership and third-party rights. OTT platform deals often include minimum guarantee and revenue share components.
Indian companies processing data of EU residents must comply with GDPR if they offer goods/services to EU residents or monitor their behaviour. Requirements include: lawful basis for processing, transparent privacy notices, data subject rights implementation, data protection by design, processor agreements, cross-border transfer mechanisms (SCCs, adequacy), and potentially appointing an EU representative.
Software licensing in transactions involves: identifying all software components (proprietary, open source, third-party), reviewing existing licence rights and restrictions, structuring appropriate transfer or licence grants, addressing source code escrow needs, defining maintenance and support obligations, and allocating intellectual property warranties and indemnities. Open source components require particular attention for compliance.
Priority areas include: proper incorporation and founder agreements, privacy policy and terms of service, employee and contractor IP assignment agreements, data protection compliance (DPDP Act), open source licence compliance for any OSS used, key customer and vendor contracts, and if relevant, sector-specific regulatory requirements (fintech, healthtech, edtech). Early attention to these matters prevents costly remediation later.
We provide legal advisory services for digital accessibility compliance including: legal opinions on website and mobile app compliance with applicable laws, accessibility policy and statement drafting, RPwD Act 2016 advisory, WCAG standards interpretation, and contract review for accessibility clauses. Our services are strictly legal advisory based on information provided by clients—we do not conduct technical audits or testing.
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