Startups and IT SMEs: Understanding Export Control Framework Related to Intangible Technology Transfer
If you are a gadget geek, you may be aware that last year when the Google Pixel 4 and Pixel 4XL phones were launched worldwide, these models were not launched in India. The reason behind restricting the sale of the Google phones (touted to detect users and their gestures through a powerful radar) was that the radar technology used in the phone was prohibited in civilian applications in India. This brings us to an interesting aspect, namely, the dual use nature of technology; ‘dual use’ refers to the ability of an item (including technology) to be used for both military and civilian purposes. Given concerns around arms proliferation (should dual-use items be used for military purposes), the export of such items is regulated under export control laws. For the export of such items from India,...
NASSCOM Survey on OSP T&C related to Work from home
Dear all, As you are aware, the Department of Telecommunications (DOT) vide notification (No. 18-5/2015-CS-I) dated 13th March 2020, has amended the Other Service Providers (OSP) terms and conditions related to WFH, which are as follows: The condition related to bank guarantee is now removed The condition related to requirement of establishing connectivity through PPVPN has also been relaxed and organizations have been allowed to use their enterprise VPN with Static IP connectivity The requirement of seeking prior permission from authorities has been exempted and companies can now intimate the authorities before starting WFH facility We are now conducting a survey to understand how many OSPs are able to provide work from home to their employees and also if companies are facing any challeng...
NASSCOM-STPI Industry meeting on SOFTEX
Dear Members, Recently, NASSCOM had organized an industry consultation on SOFTEX related issues. This was conducted after our meeting with the Joint Secretary, MeitY to review the applicability of SOFTEX Form for Software products to strengthen ease of doing business for software product industry under National Policy on Software Products (NPSP) 2019. During the meeting, a recommendation to do away with the SOFTEX Form for Software Products was made. While we received inputs from members, there are some issues, which needs to be discussed face-to-face. Hence, we are planning to organise industry meeting along with STPI. The meeting will be aimed at discussing the following points- Whether the industry needs to do away with the Softex form? What is the difference between compliances pertain...
Member Consultation on Softex related issues
Dear Members, Recently, NASSCOM met the Joint Secretary, MeitY to review the applicability of SOFTEX Form for Software products to strengthen ease of doing business for software product industry under National Policy on Software Products (NPSP) 2019. Officials of MeitY, Reserve Bank of India (RBI), Department of Commerce (DoC) and iSpirt also attended the meeting. During the meeting, a recommendation to do away with the SOFTEX Form for Software Products was made. We would want to understand if this move would benefit the industry or not. Kindly, let us know if you see any concerns with this recommendation. Also, we would be keen on understanding how replicating the same move for Software Services will change the way exports happen currently. Please send us your inputs to komal@nasscom.in a...
RBI releases Draft Framework for authorisation of a pan-India New Umbrella Entity (NUE) for Retail Payment Systems
Context On 10 February 2020, the Reserve Bank of India (RBI) released Draft Framework for authorisation of a pan-India New Umbrella Entity (NUE) for Retail Payment Systems. Such an entity shall be a Company incorporated in India under the Companies Act, 2013. The Company may be a ‘for-profit’ or a Section 8 Company as may be decided by it, said RBI in a statement. The NUE shall be a Company authorised by RBI under Section 4 of the Payment and Settlement Systems Act, 2007 (PSS Act). According to the Central Bank, the provisions of the PSS Act and other relevant statutes and directives, prudential regulations and other guidelines / instructions shall govern it. The Reserve Bank has invited comments on the draft framework from all stakeholders by February 25, 2020. Major Highlights of the NUE...
NASSCOM response to Social Security Code 2019
The Code on Social Security 2019 (hereinafter referred to as “Code”) was introduced in the Lok Sabha on 11.12.2019 by the Minister of Labour and Employment, Mr. Santosh Kumar Gangwar. The Code seeks to replace 9 Central laws relating to social security i.e. The Employees’ Compensation Act, 1923; The Employees’ State Insurance Act, 1948; The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959; The Maternity Benefit Act, 1961; The Payment of Gratuity Act, 1972; The Cine-Workers Welfare Fund Act, 1981; The Building and Other Construction Workers’ Welfare Cess Act, 1996; The Unorganised Workers Social Security Act, 2008. Subsequently, on 23rd December 2019, the Code was referred to the St...
Seeking Inputs: TRAI Consultation Paper on Traffic Management Practices (TMPs) and Multi-Stakeholder Body for Net Neutrality
The Telecom Regulatory Authority of India (TRAI) has issued a consultation paper on seeking stakeholders views on the Traffic Management Practices (TMPs) and Multi- stakeholder body for net neutrality. In the paper, TRAI has clarified that scope of the consultation paper is limited issues related to traffic management practices and the role and responsibilities of multi-stakeholder body and it has no intention to revisit its principles on Net Neutrality and broad approach recommended by it earlier. Following are the key questions on which views has been sought by TRAI Q.1 What are the broad types of practices currently deployed by the Access Providers (APs) to manage traffic? Out of these practices, which ones can be considered as reasonable from perspective of Net Neutrality? Whether lis...
NASSCOM Fintech Policy Roundtable on MDR and Digital Payment Adoption | 17th January in Mumbai
Dear Members, Over the last few days, major developments have taken place pertaining to the zero MDR announcement, such as: Businesses with turnover of more than ₹ 50 crore have to mandatorily provide facilities for accepting payments through electronic modes, such as, RuPay debit cards, UPI and UPI QR codes. Section 10A of the Payment, and Settlement Systems Act 2007 when read in conjunction with Section 269SU of the Income-tax Act, 1961, alludes that no bank or system provider shall impose any charge on a payer making payment, or a beneficiary receiving payment, through RuPay debit cards, UPI and UPI QR codes. The MDR reimbursement schemes by MeitY stands closed. We are organizing a roundtable to understand the impact of these policy changes on different stakeholders. Based on the discus...
Event Update-NASSCOM-DSCI Consultation Series on the Personal Data Protection Bill, 2019 (Session 4 – Bengaluru)
Dear Members, The Personal Data Protection Bill, 2019 (PDP Bill, 2019), which was tabled in the Lok Sabha on 11 December, 2019, now stands referred to a Joint Parliamentary Committee (JPC) of both houses of the Parliament, chaired by Smt. Meenakshi Lekhi, Member of Parliament. The JPC will be submitting its report on the PDP Bill, 2019 in the last week of the Budget Session of the Parliament in 2020, after due consultation with stakeholders. In this backdrop, NASSCOM-DSCI has been conducting a series of member consultation meetings to solicit inputs and identify key impact areas of bill for the industry. We would be using these inputs to enrich our position paper that would be taken to the JPC and the Government. Do note that NASSCOM-DSCI has already provided detailed submissions in respec...
Seeking Inputs: Labor Codes on Social Security and Industrial Relation 2019
Dear Members, As you are aware, the Government is undertaking labour reforms to rationalize and simplify existing labor laws by codifying them into four Labour Codes i.e. Codes—on wages, social security, industrial relations, and health, safety and working conditions. Out of these, the Code on Wages has already been passed by the parliament and awaiting its affective date of implementation. The Code on safety, health and working condition was introduced in the last monsoon session and was sent to Standing Committee for its examination. The report of the Standing Committee is yet to be tabled. The last two Codes i.e. the Codes on Industrial Relations 2019 and Code on Social Security 2019 were introduced in the last parliament session and sent to the Standing Committee on Labor under the Cha...