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Sector Focus

Technology

Technology companies — software, SaaS, AI, hardware, semiconductors, and platform businesses — operate at the intersection of rapid innovation and intensifying regulation. India's Digital Personal Data Protection Act 2023, the IT Act's intermediary liability framework, SEBI's disclosure obligations for listed tech companies, and the CCI's growing scrutiny of digital markets are reshaping the legal environment for technology businesses faster than any other sector. GP advises technology companies at every stage — from the startup structuring through the growth phase regulatory compliance to listed company governance and enforcement defence.

SaaS · AI · Platform Businesses · Semiconductors · Hardware · EdTech · FinTech · HealthTech · E-Commerce
The Sector

Technology companies — software, SaaS, AI, hardware, semiconductors, and platform businesses — operate at the intersection of rapid innovation and intensifying regulation. India's Digital Personal Data Protection Act 2023, the IT Act's intermediary liability framework, SEBI's disclosure obligations for listed tech companies, and the CCI's growing scrutiny of digital markets are reshaping the legal environment for technology businesses faster than any other sector. GP advises technology companies at every stage — from the startup structuring through the growth phase regulatory compliance to listed company governance and enforcement defence.

Key Regulatory Framework
DPDP Act 2023 · IT Act 2000 · CCI — Digital Markets · SEBI LODR · IP — Patents & Trade Secrets · FEMA — FDI in Technology
What We Do

Legal services for technology clients

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DPDP Act & Data Privacy Compliance

India's Digital Personal Data Protection Act 2023 creates obligations for data fiduciaries processing personal data — consent management, purpose limitation, data principal rights, breach notification, and the cross-border data transfer framework. GP advises technology companies on DPDP compliance programmes, privacy-by-design implementation, and the readiness assessments that the Act's enforcement framework will require when the Data Protection Board becomes operational.

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CCI — Digital Markets & Competition

The CCI's investigation into digital markets — search, e-commerce, app stores, and ride-hailing — has fundamentally changed the legal risk landscape for platform businesses in India. GP advises technology platforms on CCI compliance, including the market definition analysis, the self-preferencing and anti-steering rules that the CCI has applied in recent orders, and the merger notification obligations for technology sector acquisitions. Where a CCI investigation has been launched, GP defends the proceeding from the DG investigation through the CCI order and the NCLAT appeal.

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Cybersecurity & Incident Response

A cybersecurity incident — ransomware, data breach, or system compromise — creates simultaneous legal obligations: CERT-In reporting within six hours, DPDP breach notification, SEBI disclosure for listed companies, customer notification, and potential regulatory enforcement. GP advises on incident response from the first hour — the legal obligations, the regulatory notifications, the evidence preservation, and the liability management that must happen simultaneously before the technical remediation is complete.

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Intellectual Property — Patents, Trade Secrets & Copyright

Technology companies' most valuable assets are their intellectual property — software patents, trade secrets, copyright in code, and brand identity. GP prosecutes and defends patent infringement proceedings before the IP offices and the High Courts, advises on trade secret protection and enforcement under the BNS, handles software copyright disputes, and structures IP ownership and licensing arrangements for technology M&A and joint ventures.

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Technology M&A & Investment Structuring

GP advises technology companies on corporate transactions — from seed round structuring and ESOP design for startups through Series A to D equity rounds to listed company M&A. The technology M&A practice covers the FEMA FDI framework for inbound investment, the SEBI takeover code for listed technology companies, and the intellectual property, employment, and data privacy due diligence that technology transactions require beyond the standard corporate M&A checklist.

AI & Emerging Technology Law

Artificial intelligence raises legal questions that existing frameworks answer imperfectly — copyright ownership of AI-generated content, liability for AI-caused harm, regulatory obligations for AI systems processing personal data under DPDP, and the CCI's emerging analysis of AI-driven market power. GP advises on the legal framework as it currently applies to AI businesses and on the regulatory developments that are shaping the future legal environment for AI in India.

Sector Issues

The legal issues defining the technology sector right now.

Intermediary liability — the Section 79 safe harbour and its limits
The IT Act's safe harbour for intermediaries has been significantly narrowed by the IT Rules 2021, which impose grievance redressal obligations, content moderation requirements, and traceability obligations on significant social media intermediaries. The CCI's application of competition law to digital platform conduct, and the Supreme Court's evolving jurisprudence on platform liability, are creating a new and uncertain liability landscape for technology businesses in India. GP advises platforms on their intermediary liability risk and defends them in regulatory and judicial proceedings.
FEMA and technology — FDI, ECB, and the ESOP repatriation maze
Technology companies with foreign investment face a complex FEMA compliance landscape — the FDI sectoral caps that apply to e-commerce and marketplace models, the ECB framework for offshore borrowing, the ESOP repatriation requirements for Indian employees exercising options in foreign parent companies, and the FEMA implications of cross-border SaaS payments. GP's technology FEMA practice covers the full spectrum — structuring inbound investment, advising on marketplace model compliance, and managing the ESOP and employee stock option repatriation process.
Employment in technology — NDA enforcement and the gig economy
Technology companies face distinctive employment law challenges — the enforceability of non-compete and non-solicitation agreements for senior technical employees, the legal status of gig workers and platform workers under the Code on Social Security 2020, and the handling of moonlighting policies. GP advises technology companies on employment contract design, non-compete enforcement, gig worker classification, and the handling of senior employee departures where IP and confidential information risk is significant.
Bombay High Court · Patent Infringement — Software

Fintech startup — competitor filed for patent on core transaction processing method — GP challenged patent validity — patent revoked as lacking inventive step — competitor's case dismissed

Defended a Mumbai-based fintech startup against a patent infringement claim by a larger competitor asserting a patent on a UPI-integrated transaction reconciliation method. GP challenged the patent's validity before the Intellectual Property Appellate Board, establishing that the claimed invention lacked an inventive step over prior art — specifically, over published research papers and open-source implementations that predated the patent filing by three years. The IPAB revoked the patent, extinguishing the infringement claim entirely.

CCI Investigation · E-Commerce Platform

E-commerce marketplace — CCI DG investigation into platform fee structure and seller preferencing — compliance audit conducted — revised policy implemented — investigation closed without finding

Represented a Delhi-based e-commerce marketplace in a CCI Director General investigation into alleged self-preferencing of private label products and the structure of the seller fee mechanism. GP conducted an independent competition law compliance audit — identifying the specific aspects of the fee structure and product ranking algorithm that presented antitrust risk — and advised on a revised policy that eliminated the preferencing concerns. The DG closed the investigation after the revised policy was implemented.

DPDP Compliance · SaaS Company

B2B SaaS company — comprehensive DPDP Act compliance programme — consent management, data processing agreements, breach protocol — implemented across all product lines

Advised a Bangalore-based B2B SaaS company processing personal data of enterprise clients' employees on building a comprehensive DPDP Act compliance programme. GP mapped data flows, identified consent and purpose limitation obligations, drafted data processing agreements, and designed the breach detection and notification protocol. The programme was implemented across all product lines before the Data Protection Board's expected operational commencement.

Sector Leadership

GP advises technology clients across the complete spectrum of their legal and regulatory needs — from routine compliance through complex transactions to enforcement proceedings and litigation.

The technology practice team operates across Mumbai, Delhi, Bangalore, and Chennai, with specialist capabilities in each of the practice areas listed above. Contact GP to discuss how we can assist your organisation.

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GP advises technology clients across the complete spectrum of legal and regulatory needs. Tell us about your matter and we will put you in contact with the right team.

SaaS · AI · Platform Businesses · Semiconductors · Hardware · EdTech · FinTech · HealthTech · E-Commerce
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