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Governance of Non-Personal Data – A Tricky Balancing Act

August 9, 2020

Introduction

Eric Schmidt, one-time CEO of Google, quipped back in 2010 that “there were 5 exabytes of information (data) created between the dawn of civilization through 2003, but that much information is now created every 2 days”. The comparison gets even more ridiculous when you realize that the world is well on its way to generating about 90 zettabytes of data in the year 2020 alone. There is no doubt that we are living in the age of big data. IoT (Internet of Things) devices have proliferated abundantly and are penetrating deeper in the society – collecting more and more data each day. Artificial intelligence is being implemented across the board and the demand for the raw material in the form of datasets to feed the furnace of machine learning is increasing exponentially.

While debate rages on about the regulation of personal data in India and the Personal Data Protection Bill, 2019 (“PDP Bill”) is presently languishing with the Joint Parliamentary Committee, the country has started contemplating a regulatory framework around governance of “non-personal data”. With this view, the Ministry of Information and Technology (“MeitY”), constituted a committee on September 13, 2019, to create a set of rules which would govern non-personal data (“Committee”). The Committee is chaired by Mr. Kris Gopalakrishnan, co-founder of Infosys. The mandate of the Committee was to study various issues relating to non-personal data and to make specific suggestions for consideration of the Central Government on the regulation of non-personal data. The Committee has, on July 12, 2020, presented a draft report on ‘Non-Personal Data Governance Framework’ (“Report”) and sought feedback from interested stakeholders on the Report by August 13, 2020.

Not all Non-Personal Data is created equal

Before discussing the recommendations of the Report, it may be relevant to briefly understand what constitutes “non-personal data” and why does the same need to be regulated in the first place. Simply speaking, non-personal data constitutes all such data which is not ‘Personal Data’ (as defined under the PDP Bill), or the data without any personally identifiable information. The Committee in the Report acknowledges that defining non-personal data properly would be very critical in regulating the same. Non-personal data has been further categorised as follows by the Committee:

  • Public Non-Personal Data – means non-personal data collected or generated by the governments, or by any agency of the governments, and includes data collected or generated in the course of execution of all publicly funded works. E.g. anonymised data of land records, public health information, vehicle registration data etc.
  • Community Non-Personal Data – means non-personal data (including anonymised personal data) about inanimate and animate things or phenomena – whether natural, social or artefactual, whose source or subject pertains to a community of natural persons. E.g. datasets comprising user-information collected by telecom, e-commerce, ride-hailing companies, etc.
  • Private Non-Personal Data – means non-personal data collected or produced by persons or entities other than the governments, the source or subject of which relates to assets and processes that are privately-owned by such person or entity, and includes those aspects of derived and observed data that result from private effort.

The Report also highlights 3 key non-personal data roles:

  • Data Principal – in case of Government and Private Non-Personal Data, the data principal will be the corresponding entities to whom the data relates. In case of Community Data, a community would be the data principal.
  • Data Custodian – undertakes collection, storage, processing, use, etc. of data in a manner that is in the best interest of the data principal.
  • Data Trustee – data principal group/community would exercise its/their data rights through an appropriate data trustee.

Separately ‘data trusts’ are the institutional structures, comprising specific rules and protocols for containing and sharing a given set of data and ‘data infrastructure’ corresponds to technical-material elements required for data sharing, like actual databases, APIs, organisational systems, etc.

The Committee has also articulated the following legal basis for establishing rights over different types of non-personal data. The Community Non-Personal Data collected in or from India would belong to the community concerned. The rights over this data collected in India would vest with the trustee of that community, with the community being the beneficial owner. In case of Public Non-Personal Data, since this data is derived from public efforts, the datasets created would partake of the characteristics of a national resource. In the case of Private Non-Personal Data only the raw / factual data collected by a private organization may need to be shared subject to the well-defined grounds; and proprietary knowledge would not be required to be shared.

Big Data – Bigger Ambitions

Atul Butte of the Stanford School of Medicine has, not hyperbolically, stated that “Hiding within the mounds of data is knowledge that could change the life of a patient or change the world”. The importance of such data is recognised the world over. First world countries like USA and EU and giant corporations like Google, Facebook and Amazon have taken significant strides in identifying, analysing and harnessing the immense potential of such data. European Union Policy on Digital Single Market states that “Free flow of non-personal data is a pre-requisite for a competitive data economy within the Digital Single Market. To fully unleash the data economy benefits we need to ensure a free flow of data, allowing companies and public administrations to store and process non-personal data wherever they choose in the EU”.

The Committee has recognised the benefits which could accrue to India and its communities and businesses from such non-personal data. The PDP Bill states that the Central Government can direct a data fiduciary or a data processor to provide anonymised personal data or non-personal data “to enable better targeting of delivery of services or formulation of evidence-based policies by Central Government”. Now the Committee has gone further in the Report and have stated that sharing non-personal data collected by both government and private organizations with citizens is likely to lead to increased transparency, better quality services, improved efficiencies, and more innovation. The shared non-personal data may be useful for Indian entrepreneurs to develop new and innovative services and products, which citizens may benefit from. Non-personal data may also be used by researchers, academia and governments for creating public goods and services like an Indian genome repository, data for training natural language translation systems on Indian languages, etc.

The massive population size of the country and significant cell-phone and internet penetration allows India to have an untapped repository of databases which may have unforeseen benefits. The big data companies will have to carefully evaluate the obligations which might be imposed on them under any such regulatory frameworks considering such companies are the largest collectors and repositories of such data. However, access to such data may prove useful to small business and start-ups.

The Bugaboo of Big Data

However, all is not well in the wonderland of non-personal data exploitation. Like every asset, non-personal data is also prone to misuse. Therefore, it is extremely important that such non-personal data is regulated appropriately and used responsibly. The Report does not shy away from highlighting the possibilities of collective harm related to non-personal data. Misuse of data belonging to a group or community may arise from inappropriate exposure or handling of such data. The Report acknowledges that non-personal data is an emerging concept which will need to be examined and defined in detail in the future.

Some areas of sensitivity around misuse of non-personal data are as follows:

  • Such data could have an impact on national security or strategic interests of the country and in the hands of enemies of the state, could be help influence strategic military decisions against India;
  • Such data bears risk of collective harm to a group (collective privacy etc.) e.g. ghettoization or institutionalised bigotry on the basis of race, religion, sexual orientation etc.;
  • Such data could be business sensitive or may include confidential information and may have been derived using proprietary technology developed by such companies;
  • Such data, even if anonymised, bears a risk of re-identification.

Key Recommendations:

The Report touches upon the following aspects of non-personal data and makes following key recommendations in relation to the governance of the same:

  1. Consent of Data Principal – The Committee recommends that the data principals should provide consent for anonymisation and usage of this anonymized data while providing consent for collection and usage of his/her personal data. Appropriate standards of anonymisation must be defined to prevent / minimize the risks of re-identification.
  2. Data Business – A new category / taxonomy of business called ‘Data Business’ must be created with certain data threshold criteria. Existing businesses in various sectors, collecting data beyond a threshold level, will get categorized as a Data Business and such Data Business would have to register once they reach a certain data related threshold. Every Data Business must make prescribed disclosures pertaining to their business and nature of data collected, processed and used by them, including the manner and purpose.
  3. Access to Meta-Data – The meta-data about data being collected, stored and processed by Data Businesses should be stored digitally in meta-data directories in India. Such directories should be freely accessible to Indian citizens and India-based organizations. Subsequently, data requests may be made for the detailed underlying data.
  4. Data Sharing Purpose – Data may be requested on following grounds – (i) Sovereign: security, legal, law enforcement and regulatory purposes; (ii) Core Public Interest: community uses / benefits or public goods, research and innovation, for better delivery of public services, policy development, etc.; and (iii) Economic Welfare Purposes.
  5. Data-Sharing Mechanisms – The Report sets out detailed recommendations on data sharing mechanisms to ensure appropriate access balanced with suitable protections.
  6. Non-Personal Data Authority – The Non-Personal Data Authority must be created and tasked with enabling legitimate sharing requests and requirements; regulating and supervising corresponding data sharing arrangements involving Data Businesses, data trustees and data trusts; addressing market failures and supervising the market for Non-Personal Data.
  7. New Legislation – The Committee recommends that the proposed Non-Personal Data Governance Framework becomes the basis of a new legislation for regulating Non-Personal Data to ensure effective enforcement of the framework on a national scale.

Conclusion

The world has incontrovertibly changed in the last few decades. We are living in the world of Bid Data now and there is no going back. Peter Sondergaard, senior vice president, Gartner Research stated that “Information is the oil of the 21st century, and analytics is the combustion engine”. In this backdrop, careful and considered approach to non-personal data is of paramount importance. There are many lessons to be learned if we are to harness Big Data for the betterment of the world while avoiding the misuse of the same and protecting the rights of the data principals.

Disclaimer: This article is meant for information purpose only and does not purport to be advice or opinion, legal or otherwise, whatsoever. Pioneer Legal does not intend to advertise its service through this article.

Author

  • Pioneer Legal - Governance of Non-Personal Data – A Tricky Balancing Act

    Anupam Shukla has extensive experience in private equity transactions, having worked on several investment deals, including joint ventures and foreign investments. He has experience in drafting and negotiations of investment agreements, shareholders agreements, share subscription agreements and other transaction documents. He also specialises in education sector and has advised various schools and educational institutions on diverse issues.

Some Name

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • Master’s in Business Law, NLS Bangalore
  • LL.B., K.C. Law College, Mumbai
  • Company Secretary, ICSI
  • B.MOS, University of Western Ontario, Canada
  • B.Com, Jai Hind College, Mumbai
  • New Education

Professional Memberships

  • Bar Council of India
  • Associate Member of ICSI

Highlights

  • Sanket has almost a decade of experience as a corporate transactional lawyer. His areas of practice include mergers and acquisitions and forensic investigation in white collar crimes.
  • He has advised on various complex national and cross-border M&A transactions and conducted forensic investigations of suspected fraud, bribery and misappropriation of funds; advised on preventive action and building robust mechanisms/policies to counter such crime, etc.
  • He is a member of the Bar Council of India, the Institute of Company Secretaries of India and the Association of Certified Fraud Examiners.

Rugwed Dhage

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021 Tel: +91 22 6862 0000 Fax: +91 22 6862 0001 Email: [email protected]

Education

  • B.A.L.L.B, ILS Law College, Pune

Highlights

  • Graduated from ILS Law College, Pune in 2022
  • Joined Pioneer Legal as an Associate in 2022.

About

  • Rugwed is an associate in the Corporate, Commercial and M&A practices of the firm. He has experience in varied fields of law including corporate laws, insolvency and bankruptcy laws and SEBI regulations. He has extensively assisted in matters before the NCLT, NCLAT, and Bombay High Court, in varied corporate and commercial matters. He has also assisted in multiple Joint Venture transactions including, conducting due diligences, along with drafting, and amending of various transaction documents.

AASHNA JAIN

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., New Law College, Mumbai
  • Bachelor of Arts in Economics and Commerce, Kishinchand Chellaram College, Mumbai

Professional Memberships

  • Th Bar Council of Maharashtra and Goa

Highlights

  • She began her career in the year 2018 when she joined the dispute resolution team at Aquilaw, Mumbai as an associate.
  • In 2019, she joined Tuli & Co.’s dispute resolution team.
  • In July 2022, she joined Pioneer Legal.

About

  • Her practice focuses on handling commercial arbitration, consumer disputes as well as legal advisory.
  • She has an extensive experience in arbitrations and handles civil as well as criminal matters.
  • She regularly appears before the Bombay High Court, City Civil Court at Mumbai, State Consumer Disputes Redressal Commission, Maharashtra, and Chief Metropolitan Magistrate Court. She has also appeared before the Delhi High Court, Allahabad High Court, Telangana High Court and the Supreme Court of India.

AASTHA ARORA

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S/ L.L.B., SVKMs Pravin Gandhi College of Law, University of Mumbai
  • Advocate, Bar Council of Maharashtra and Goa

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Graduated from SVKMs Pravin Gandhi College of Law, Mumbai (affiliated to University of Mumbai) in 2020.
  • Started her career in January 2021, with an eminent litigation law firm.
  • Joined DSK Legal in December 2021.
  • Joined Pioneer Legal in June 2022.

About

  • In her previous experience under the litigation sector, she holds experience in commercial disputes and civil disputes before various courts and tribunals. She appeared before the High Court at Bombay, the City Civil Court at Mumbai and Dindoshi, the Small Causes Court and the Competent Authority at Mumbai.
  • In her stint at DSK, she worked in the infrastructure project development, finance and M&A, public private partnerships, government contracts and public procurement. She also drafted project documents including concession agreements, EPC contracts, O&M contracts, and reviewed project related licenses, etc.
  • Aastha is an associate in the M&A and General Corporate practices at Pioneer Legal. Her role includes conducting due diligence on target entities to highlight key legal and commercial issues and advising clients on such identified risks and drafting, negotiating various transaction documents.

Mamta Jain

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B. National Law University, Odisha (University Gold Medalist)

Professional Memberships

  • Bar Council of Delhi
  • Young ICCA

Highlights

  • She started her career with the Industrial Financial Corporation of India (IFCI) Venture Capital Funds (A Government of India, Public Sector Undertaking) in 2019 as an in-house counsel.
  • She joined TPM Consultants, Delhi to work as an associate in 2020.
  • She has also worked with Justice C. Hari Shankar, Delhi High Court as a research associate.
  • Joined AKS Partners, Delhi as a General Corporate and M&A Associate in 2021.
  • In July 2022, she joined Pioneer Legal as an Associate.

About

  • Extensive experience in advising on corporate and commercial laws to private as well as government entities.
  • Her expertise and practice covers diverse areas including structuring of a corporate entity, foreign direct investment, private equity and venture capital, debt transactions, mergers and acquisitions and general corporate advisory.
  • She is a specialist in the areas of technology and finance laws.

VIJAY KUMAR CHAWLA

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A.L.L.B (Hons.), Hidayatullah National Law University, Raipur

Highlights

  • Graduated from Hidayatullah National Law University, Raipur in 2022.
  • Joined Pioneer Legal as an Associate in 2022.

About

  • Vijay is an associate in the Corporate & Commercial and M&A practices of the firm. He has experience in varied fields of law including corporate laws, commercial laws and arbitration laws. He has extensively assisted in matters before the Delhi High Court, NCLT and various Arbitral Tribunals in varied corporate and commercial matters. He has also assisted in multiple M&A transactions including, conducting due diligences and the drafting and amending of various Agreements.

VEDIKA SHAH

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S. LL.B., Government Law College, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • She started her career as an article clerk with the corporate and commercial practice team at DSK Legal in 2018.
  • In April 2019, she joined Pioneer Legal as an article clerk wherein she assisted the corporate and commercial team and subsequently assisted the litigation team.
  • She went on to become an associate with Pioneer Legal in the month of September 2020 post her graduation.

About

  • Vedika is an associate in the Corporate & Commercial and M&A practices of the firm. She has experience in advising and assisting various entities in the field of corporate and commercial laws, securities laws and other related laws.
  • She advises and assists various listed and unlisted companies in relation to: (i) conducting due diligence exercise to highlight key legal and commercial issues; (ii) drafting and negotiating relevant transaction documentations; and (iv) corporate and regulatory approvals and foreign regulations compliances.
  • She also advises and assists various prominent promoters of businesses on issues relating to succession planning and preparation of testamentary documents.

SHWETA VERMA

Associate Trainee

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.COM(H), LLB

Professional Memberships

  • The Bar Council of Delhi
  • Associate Member at ICSI

Highlights

  • Started her career at Shardul Amarchand Mangaldas in the year 2019 in General Corporate Practice.
  • In July 2021, she joined Pioneer Legal

About

  • Shweta is an associate trainee in the Mergers & Acquisitions and Corporate practices in the firm. She has experience on advising the clients in private equity, M&A Transactions and general corporate matters. Conducting due diligence on target entities and advising clients on such identified risks.

ABHISHEK GAUR

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A.L.L.B (Hons.), Institute of Law, Nirma University

Highlights

  • Graduated from Institute of Law, Nirma University in 2022.
  • Joined Pioneer Legal as an Associate in 2022.

About

  • Abhishek is an associate in the Corporate, Commercial and M&A practices of the firm. He has experience in varied fields of law including corporate laws, insolvency and bankruptcy laws and arbitration laws. He has extensively assisted in matters before the NCLT, NCLAT, Delhi High Court, and various Arbitral Tribunals in varied corporate and commercial matters. He has also assisted in multiple Joint Venture transactions including, conducting due diligences, along with drafting, and amending of various Joint Venture Agreements.

NIYATI KHULLAR

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B. (Hons.), Symbiosis Law School (Pune), Symbiosis International University

Highlights

  • She started her professional career in the year 2020 as an in-house counsel at Tata Communications Limited, New Delhi.
  • She joined Pioneer Legal in June 2022.

About

  • Niyati has joined the Corporate and Mergers & Acquisitions practices at the firm.
  • She has experience in advising on various aspects of corporate laws, employment, telecom, and technology matters. She also has experience in contract review, negotiation, and end-to-end closure of commercial contracts with international clients across the globe.

MANAS MAHESHWARI

Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LLM in Banking and Finance Laws, Queen Mary University of London
  • LL.B, Campus Law Centre, Faculty of Law, University of Delhi
  • B.Com (Hons.), Ramjas College, University of Delhi 

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Service Lines and sectors

  • Private Equity
  • Mergers and Acquisitions
  • Forensic Practice

Highlights

  • He started his working career in April 2022 as an assessment intern at Pioneer Legal.
  • From June 2022, he started out as an Associate at Pioneer Legal.

About

  • Manas has extensive knowledge in banking and financial laws.
  • His area of interest includes private equity, capital markets, mergers and acquisitions and corporate finance laws.

ANANT S. TRIPATHI

Senior Associate

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021 Tel: +91 22 6862 0000 Fax: +91 22 6862 0001 Email: [email protected]

Education

  • B.L.S. LL.B., Pravin Gandhi College of Law, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Started his working career in the year 2016, after graduating from Pravin Gandhi College of law (Mumbai University)
  • Previously, he has worked in the Dispute Resolution Team of Naik Naik & Co. and Clasis Law.
  • In February 2022 he joined Pioneer Legal.

About

  • Anant has extensive experience in civil Litigation and Arbitration. He regularly advises and represents clients in matters before the High Court at Bombay, National Law Company Tribunal, City Civil Court and other Courts/Tribunals/forumsa across Mumbai.

  • He is actively involved in strategizing and handling arbitration matters, insolvency proceedings and other matters involving complex commercial and/or civil disputes.

Nidhi Chaudhary

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.B.A. LL.B., NMIMS School of Law.

Highlights

  • Nidhi is a graduate of NMIMS School of Law (Class of 2022). Nidhi started interning at Pioneer Legal in December 2020 and thereafter joined as a Paralegal in February 2021.
  • She has interned with corporate law firms and advocates appearing before the Family Court, BKC and the Bombay High Court.
  • She has also worked with policy and research-oriented organizations.

About

  • Nidhi advises clients on varied disputes arising out of commercial transactions, arbitration, leave and license agreements and insolvency matters at both the litigation and pre-litigation/litigation strategy stage.

Shivek Sharma

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B., Institute of Law Nirma University, Ahmedabad

Professional Memberships

  • The Bar Council of Delhi

Areas Of Practice

  • Mergers and Acquisitions
  • Private Equity
  • Debt Capital
  • Insolvency and Restructuring

Highlights

  • Shivek started his career in 2018 and joined Agram Legal Consultants, Mumbai as an Associate and joined Pioneer Legal as an Associate in 2019.
  • He is a part of the Corporate & Commercial, Debt Capital and M&A practices of the firm.

About

  • He has experience in carrying out due diligence pertaining to e-commerce, NBFCs, defence, infrastructure, electronics and transportation sector; and has been involved in drafting of various transactional documents including Term Sheet, Investment Agreement, Share Purchase Agreement and Shareholders’ Agreement.
  • He has advised several companies in raising of debt capital through issuance and allotment of non-convertible debentures.
  • He has also advised the resolution professional on the various aspects of the Insolvency and Bankruptcy Code, 2016 and has been involved in the drafting of various applications and replies including application for approval of resolution plan.

Param Gupta

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LL.B. (Hons.), Symbiosis Law School (Pune), Symbiosis International University

Highlights

  • He started his professional career after graduating from Symbiosis Law School, Pune in 2020.
  • In August 2020, he joined Pioneer Legal.

About

  • Param is an associate in the Mergers & Acquisitions and Corporate practices of the firm. He has experience in providing advice and assistance to clients through M&A transactions, conducting legal and forensic investigations into white collar crimes, and general corporate matters. He has also assisted in cases involving due diligence, equity investments, and share purchase agreements—including those involving earn-outs.

Shreya Gokhale

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S. LL.B., Government Law College, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Graduated from Government Law College, Mumbai in 2021
  • Started her professional career in August 2021 with Bharucha & Partners, Mumbai
  • Joined Pioneer Legal in September 2022

About

  • At Bharucha & Partners, she worked in the Capital Markets team of the firm where her role included advising companies and book running lead managers, and conducting due diligence on entities proposing to raise funds through initial public offerings and rights issues; drafting of draft red herring prospectuses/ red herring prospectuses etc.
  • Shreya is an associate in the General Corporate practice at Pioneer Legal. She has experience in providing advise on different aspects of corporate and commercial laws; conducting due diligence to highlight key legal and commercial issues; and drafting and negotiating transaction documents.

Khushboo Jha

Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., New Law College, Bharati Vidyapeeth University, Pune, Maharashtra
  • B. Com (Specialization in Accounting), University of Burdwan, West Bengal

Highlights

  • She started her career in the year 2016 at DSK Legal, New Delhi where she worked on various General Corporate and Capital Markets transactions.
  • In 2018, she joined the Capital Markets team at Shardul Amarchand Mangaldas & Co., New Delhi.
  • She then joined Desai & Diwanji, Gurgaon in the year 2019 where she worked on various General Corporate Advisory and Mergers & Acquisitions Transactions.
  • In September 2021, she joined Pioneer Legal.

About

  • Khushboo has experience in advising companies, including both listed and unlisted companies and private equity funds in their investments, in mergers and acquisitions and takeovers.
  • She has also advised companies on general corporate and commercial laws including labour laws, foreign contribution regulation laws and securities laws.
  • Khushboo has been involved in advising various domestic and international clients across varied sectors such as healthcare, infrastructure, manufacturing, non-banking financial companies, defence, automotive, real estate and e-commerce.

Vishesh Nahata

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S. LL.B., Government Law College, University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Started his career at Mulla & Mulla, Cragie Blunt & Caroe as an Advocate, in the year 2013 and worked with the Corporate and Commercial practice team.
  • In 2019, he joined Crawford Bayley & Co. and worked and led transactions in the Capital Markets team.
  • In November 2021, he joined Pioneer Legal.

About

  • Vishesh has extensive experience in varied fields of law including securities laws, ports / maritime laws and corporate & commercial laws. He has assisted companies in raising capital through both public issues and on private placement/ preferential allotment basis. He has also worked on various M&A transactions and provided his assistance in key processes including: (i) due diligence exercise to highlight key legal and commercial issues; (ii) drafting and negotiating relevant documentation; (iii) assisting in obtaining regulatory approvals.

Suraj Soni

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A. LLB (Corporate Hons.), National University of Study and Research in Law, Ranchi
  • Company Secretary (Executive), Institute of Company Secretary of India

Highlights

  • He started his professional career in the year 2018, when he graduated from National University of Study and Research in Law, Ranchi.
  • He is also pursuing Company Secretary (Executive Level)
  • He has prior working experience at Indian Law Partners (best friend referral arrangement with Ashurst (Global Law Firm)) and ARA Law (now known as Begur and Partners) where he was handling the private equity, venture capital, mergers and acquisitions and banking and finance work.
  • In 2021, he joined Pioneer Legal.

About

  • He has extensive experience in advising well known PE Funds, Corporates on corporate and commercial transactions, private equity, mergers and acquisitions and joint ventures across varies sectors such as education, healthcare, infrastructure, textiles, logistics and media and entertainment.
  • He has also provided guidance on regulatory and secretarial compliances, corporate governance issues and due diligence of companies operating in various sectors.
  • Apart from these, he has successfully drafted and negotiated business transfer agreements, acquisition agreements and investment agreements such as share purchase agreement, share subscription agreement and shareholders agreement.

Rushad Irani

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., Kishinchand Chellaram College of Law, University of Mumbai.
  • B. Com., Jai Hind College, University of Mumbai.

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • He started practice under an eminent technology law practitioner from late 2015 to early 2017 earning a basic grounding in technology law.
  • From February, 2017, he joined a prominent commercial dispute resolution and insolvency law practitioner whom he worked under and took up independent assignments as well. He joined Pioneer Legal in February, 2021.

About

  • His practice revolves around dispute resolution including commercial litigation and arbitration.
  • He has experience in advising and appearing for clients on varied disputes arising out of commercial transactions, insolvency, corporate disputes and partnership disputes.
  • He has extensive experience in commercial disputes and civil disputes before various courts and tribunals. He also has experience in handling arbitrations spanning a wide range of disputes. He has appeared in matters relating to insolvency proceedings.
  • He regularly appears before the High Court at Bombay, the National Company Law Tribunal at Mumbai, the City Civil Court at Mumbai and Dindoshi and the Small Causes Court at Mumbai. He has also appeared before the Sessions Court, various Magistrate’s Courts, Consumer Fora, Family Court, Charity Commissioner, Registrar of Co-operative Societies and SEBI.
  • He additionally advises clients during pre-dispute/pre-litigation stage in finalizing strategy including the appropriate mode of dispute resolution to ensure the most favorable outcome for the Client.

Pavana Padmakumar

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.L.S./L.L.B., SVKMs Pravin Gandhi College of Law
    University of Mumbai

Highlights

  • Graduated from SVKMs Pravin Gandhi College of Law, Mumbai (affiliated to University of Mumbai) in 2019.
  • She started her career as an ‘Associate’ in Pioneer Legal since the firm’s inception in 2019.

About

  • Pavana is an associate in the Corporate & Commercial and M&A practices of the firm. She has experience in advising and assisting various entities in the field of corporate and commercial laws, securities laws and other related laws. She has assisted in advising various listed and unlisted companies in the areas of corporate laws, commercial laws and securities laws as well as in advising private equity funds in relation to their investments and exits. She also advises clients on employment and labour laws and the related compliances.

Eishan Agnihotri

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.A – LL.B (Business Law Hons.), Institute of Law, Nirma University (Ahmedabad)

Professional Memberships

  • The Bar Council of Delhi

Highlights

  • He started his working career in the year 2018, after graduating from Institute of Law, Nirma University, Ahmedabad.
  • He joined DSK Legal, (a leading law firm) at their Mumbai office as an Associate with the general corporate and M&As team.
  • In April 2019, he joined the newly founded ‘Pioneer Legal’ as an Associate. Currently, there are more than 25 lawyers with 6 partners working in Pioneer Legal.

About

  • He has experience in advising various listed and unlisted companies in the areas of corporate laws, commercial laws as well as in advising private equity funds in relation to their investments and exits.

Adwait Munje

Senior Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • B.B.A. – LL.B., Symbiosis Law School (Pune),
    Symbiosis International University

Highlights

  • He started his professional career in the year 2018, when he graduated from Symbiosis Law School, Pune.
  • He joined DSK Legal, (a leading law firm) as an Associate with the General Corporate and Mergers & Acquisitions team at their Mumbai office.
  • In April 2019, he joined Pioneer Legal. 

About

  • Adwait has extensive experience in advising and assisting various listed and unlisted entities, and private equity and venture capital funds in the field of corporate and commercial laws, securities laws and other related laws; and his experience spans across various sectors such as manufacturing, healthcare, pharmaceutical, healthcare, e-commerce and logistics.
  • He has worked on various domestic and cross-border transactions and provided his assistance in key processes including: (i) due diligence exercise to highlight key legal and commercial issues; (ii) drafting and negotiating relevant documentation; (iii) regulatory approvals, compliances.

Sohil Shah

Principal Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., Kishinchand Chellaram College of Law, Mumbai
  • B. Com., Narsee Monjee College of Commerce & Economics, University of Mumbai
  • Company Secretary, Institute of Company Secretaries of India

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • He started his career when he joined the dispute resolution team at DSK Legal in the year 2013 as an Article Clerk and then went on to become an Associate when he graduated as an Advocate in 2014.
  • In February, 2019, he briefly joined the International Arbitration team at Shardul Amarchand Mangaldas & Co. and then joined Pioneer Legal in December, 2019.

About

  • His practice focuses on commercial arbitration and litigation.
  • He has experience in advising clients on varied disputes arising out of commercial transactions, private equity transactions, media, consumer and insolvency.
  • He has extensive experience in arbitrations and has represented clients for obtaining interim reliefs, appointment of arbitrators, representation before tribunals and appeals. He also has vast experience in handling civil and commercial litigations before various Courts.
  • He regularly appears before the High Court of Bombay, National Company Law Tribunal at Mumbai, City Civil Court at Mumbai and Dindoshi. He has also appeared before the Supreme Court of India, High Court of Delhi, District Court at Pune, Magistrate Courts, Family Court, Labour Court, Registrar of Co-operative Societies and SEBI.
  • He also advises clients during pre-disputes/pre-litigation stage in finalizing strategy and adopting the most appropriate mode of dispute resolution to ensure the most favorable outcome for the client.

Sameer Raina

Principal Associate

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0001
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LLB, Government Law College, University of Mumbai
  • B.Com (Specialization in Financial Accounting and Audit), Jai Hind College, University of Mumbai.

Professional Memberships

  • Bar Council of Maharashtra & Goa

Service Lines and Sectors

  • Private Equity
  • Mergers and Acquisitions
  • Regulatory and Governance
  • Logistics
  • E-Commerce
  • Manufacturing
  • Financial Services
  • Healthcare and Pharmaceutical

Highlights

  • He worked with Crawford Bayley & Co. as a paralegal in the year 2015.
  • He joined DSK Legal in the year 2017 where he worked with Satish Kishanchandani.
  • In April 2019, he joined Pioneer Legal with Satish Kishanchandani.

About

  • Sameer has experience in advising companies and private equity funds on investments, exits and mergers & acquisitions.
  • Sameer has also been involved in advising promoters and directors of Indian companies on complex governance issues and providing strategic inputs. He also advises on He also advises on general corporate laws, commercial laws and exchange control laws.
  • He advises funds on investments and exits including assessing legal risks and advising on documentation.
  • Sameer has been involved in several domestic and cross-border transactions. His experience on advising funds and companies spans across various sectors such as manufacturing, healthcare, pharmaceutical, e-commerce logistics and non-banking financial institutions.

Shoubhik Dasgupta

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B., Symbiosis Law,
  • MBA in Business Administration, ICFAI

Professional Membership

  • The Bar Council of Maharashtra and Goa

Highlights

  • Shoubhik has over 12 years of experience in private equity funds, multi national companies on corporate and commercial transactions, mergers & acquisitions and joint ventures with a special emphasis on sectors such as gaming, automobiles, chemicals and Insurance.
  • He advises various clients on a wide array of general corporate matters, employment laws, foreign exchange and security regulations and sector specific regulations.
  • After a decade long stint at DSK Legal, Shoubhik has been a part of Pioneer Legal since its inception.
  • He is a regular speaker for the Institute of Company Secretaries on matters pertaining to mergers and acquisitions and private equity.

Mayank Mehta

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • LL.B, University of Mumbai
  • B.Com, MDS University, Rajasthan

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Mayank has more than a decade of experience in private equity and venture capital investments, and mergers and acquisition (M&A), across range of sectors, including logistics, financial services, healthcare, pharma, and ecommerce.
  • He has advised on large and complex M&A involving listed companies in India, including takeover offers, regulatory issues, acquisition of stressed assets. He also advises earlystage companies in raising funds from venture capital funds, HNIs, family offices, etc.
  • He is one of the Co-founding partners of Pioneer Legal. Prior to joining Pioneer Legal, he was an Associate Partner with DSK Legal.

Pritha Jha

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • BSL. LL.B, ILS Law College, University of Pune

Professional Memberships

  • The Bar Council of Maharashtra and Goa

Highlights

  • Pritha is the Co-founding partner of Pioneer Legal, with over 14 years of experience, she is a specialist in private equity transactions; strategic mergers & acquisitions across sectors specifically in advertising, media, and entertainment.
  • She advises various advertising agencies and media houses in their day-to-day operations and commercial contracts. After 9 years in DSK Legal, she along with 3 partners founded Pioneer Legal. Asia Law ranked her a rising star in 2022 for Private Equity, India Business Law Journal identified her as one of India’s Future Legal Leaders in 2020, she was featured as one of the top 20 emerging leaders for the Indian Legal Market by RSG Emerging Leaders Report of 2019.

Narendra Dingankar

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0040
Email: [email protected]

Education

  • Solicitor, Supreme Court of India
  • Solicitor London and Wales
  • Advocate, High Court of Bombay
  • B.Com., University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa
  • The Bombay Incorporated Law Society
  • International Bar Association (presently inactive)
  • Law Society of London and Wales (inactive)

Highlights

  • Narendra is the founding partner of Pioneer Legal with work experience as an Advocate and Solicitor, of 28 years. Narendra worked with Arthur Andersen, an international accounting firm, Dua Associates, and DSK Legal, part of the Andersen Legal Network.
  • Narendra advises multinational and domestic companies and private equity funds in the areas of mergers and acquisitions, joint ventures, infra projects and corporate laws. Narendra also assists clients in dispute resolution and formulating strategy for disputes. Narendra also assists in succession planning, family settlement, creation of family trust structures, preparation of Wills, and related documents.

Sanket Jain

Partner

Mumbai Office:

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • Master’s in Business Law, NLS Bangalore
  • LL.B., K.C. Law College, Mumbai
  • Company Secretary, ICSI
  • B.MOS, University of Western Ontario, Canada
  • B.Com, Jai Hind College, Mumbai

Professional Memberships

  • Bar Council of India
  • Associate Member of ICSI

Highlights

  • Sanket has almost a decade of experience as a corporate transactional lawyer. His areas of practice include mergers and acquisitions and forensic investigation in white collar crimes.
  • He has advised on various complex national and cross-border M&A transactions and conducted forensic investigations of suspected fraud, bribery and misappropriation of funds; advised on preventive action and building robust mechanisms/policies to counter such crime, etc.
  • He is a member of the Bar Council of India, the Institute of Company Secretaries of India and the Association of Certified Fraud Examiners.

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Satish Kishanchandani

Managing Partner

Mumbai Office

901/9th Floor, Nariman Bhavan, 227, Backbay Reclamation, Nariman Point, Mumbai 400021
Tel: +91 22 6862 0000
Fax: +91 22 6862 0001
Email: [email protected]

Education

  • Solicitor, Supreme Court of India
  • Advocate, High Court of Bombay
  • B.Com., University of Mumbai

Professional Memberships

  • The Bar Council of Maharashtra and Goa
  • The Bombay Incorporated Law Society
  • International Bar Association

Highlights

  • An advocate and Solicitor from 1989-90, Satish joined Arthur Andersen, a leading international accounting firm in its tax and business advisory practice to set up its corporate business advisory team.
  • In 1997, he joined Dua Associates as a Partner and set up its legal practice in Mumbai and Pune. In 2001, he co-founded DSK Legal, as a part of the Andersen Legal Network, and built it into a 130-lawyer firm over 18 years. In April 2019, he along with others founded Pioneer Legal.
  • Satish has over three decades of experience advising on large PE and M&A transactions and strategy for complex disputes.
  • Asia Law has ranked Satish as distinguished practitioner in the Asia 2022 Corporate M&A and PE rankings.
  • Satish has been recognised as one of the Super 50 Lawyers in India by Asian Legal Business in 2020.