India Business Bulletin (November 2025)

General Updates

India Activates its Privacy Law: The Digital Personal Data Protection ("DPDP") Rules, 2025 ("DPDP Rules, 2025")

India has officially operationalized its first comprehensive data privacy framework with the notification of the DPDP Rules, 2025. Rooted in the DPDP Act, 2023, these Rules mark a major step toward safeguarding citizens' digital information and ensuring accountability in data handling. Under the new provisions, organizations must now obtain verifiable consent before collecting personal data; report breaches within 72 hours and retain all personal and traffic data for at least one year to aid investigations. The framework also introduces a dedicated Data Protection Board to oversee compliance and impose penalties of up to Rs 250 crore for serious violations. New concept such as "Consent Managers" will enable users to track and withdraw consent through unified platforms, while specific provisions govern data processing for children and adults with disabilities.

Draft Legal Metrology (Packaged Commodities) (Second) Amendment Rules, 2025 ("Draft Rules 2025") released

The Ministry of Consumer Affairs, Food & Public Distribution has released the Draft Rules 2025 for public comments and suggestions. In order to enhance transparency, the Rules 2025 mandate the e-commerce platforms to provide searchable and sortable filters based on the 'Country of Origin' for packaged commodities sold online.

Direction to Mandate Pre-Tagging of Variables in Short Message Service ("SMS") content issued

Telecom Regulatory Authority of India has issued a direction, as per which all mobile network access providers must pre-tag variables components such as URLs, application download links, or callback numbers in every commercial SMS. Timeline provided for access providers and principal entities to comply with this requirement is 60 (sixty) days – post which non-compliant templates will be rejected leading to non-delivery of SMS.

Corporate Law Updates

Amendment in the Companies (Meetings of Board and its Powers) Rules, 2014

The Ministry of Corporate Affairs ("MCA") has issued a notification amending aforesaid captioned Rules to include the following under the phrase "business of financing industrial enterprises" –

1. For Non-Banking Financial Company's ("NBFCs") regulated by the Reserve Bank of India ("RBI") - the business of giving of any loan to a person or providing any guaranty or security for due repayment of any loan availed by any person in the ordinary course of its business.
2. For Finance Company registered with the International Financial Services Centres Authority ("IFSCA") - the activities as provided in sub-clause (a), or sub-clause (e) of clause (ii) of sub-regulation (1) of regulation 5 of the International Financial Services Centres Authority (Finance Company) Regulations, 2021 in the ordinary course of its business.

The above-mentioned inclusions confirm that the lending of loan and guarantees in the ordinary course of business from an NBFCs and finance companies under IFSCA are exempted from the restrictions under 186 (2) to 186 (10) of the Companies Act, 2013.

Amendments to the Foreign Exchange Management (Export of Goods & Services) Regulations, 2015

The RBI has issued a notification amending the aforesaid captioned Regulations by introducing Foreign Exchange Management (Export of Goods and Services) (Second Amendment) Regulations, 2025 to extend the various timelines for the receipt of payment of exports. Pursuant to the said regulation, timeline for receiving the exports payment has been extended from 9 (Nine) to 15 (Fifteen) months.

Strengthening due diligence related to Section 29A of the Insolvency and Bankruptcy Code, 2016 ("Code")

The Insolvency and Bankruptcy Board of India ("IBBI") issued a circular directing Resolution Professionals ("RPs") to strengthen due diligence related to section 29A of the Code. Accordingly, various duties have been cast on the RPs and the Prospective Resolution Applicants ("PRAs") under the Code and IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. RPs are directed to place a detailed note on section 29A compliance before the Committee of Creditors ("CoC") when resolution plans are considered and ensure that deliberations and observations of the CoC are properly recorded in the minutes.

Amendment to the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016

As per notification issued by IBBI, the above captioned regulation has been amended by introducing the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Second Amendment) Regulations, 2025. The amendment introduced the regulation 7B i.e. "Number of Assignments". As per the said regulation, an individual Insolvency Professional cannot have more than 10 (Ten) assignments in aggregate (as interim resolution professional and resolution professional in a corporate insolvency resolution process and as a liquidator in a liquidation process). Out of these 10 (Ten) assignments, not more than 3 (Three) assignments shall pertain to cases where admitted claims exceed INR 1,000 crore each.

Amendment to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Cor porate Debtors) Regulations, 2019

The IBBI issued a notification amending the above captioned regulation by introducing the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) (Second Amendment) Regulations, 2025, by inserting regulation 23 i.e. Filing of Forms. As per the said regulation, the RP must file all the prescribed forms electronically within specified timelines and shall ensure accuracy and completeness and pay a late fee for delayed filings.

Amendments to Directions – Compounding of Contraventions under Foreign Exchange Management Act, 1999

As per the aforesaid amendments, the RBI revised the designated bank account details for receiving compounding application fees and compounding amount payments under the Master Directions. Now, all payments for compounding shall be made via National Electronic Funds Transfer ("NEFT") or Real-Time Gross Settlement ("RTGS") to the updated bank accounts.

Labour Law Updates

Four New Labour Codes effective

The Government of India has consolidated 29 (Twenty-Nine) laws into 4 (Four) new labour codes namely the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020. They have been made effective from November 21, 2025.

Some of the salient features of these codes include minimum wages for all employees across both organized and unorganized sectors; mandatory issuance of appointment letters; social security coverage to gig & platform workers; free annual health check-up for workers above 40 (Forty) years; gratuity after 1 (One) year for fixed-term employees; twice the wages for overtime; option of work from home; penalties for contravention of provisions.

Labour laws amended in Uttar Pradesh by implementation of Uttar Pradesh Factories (Amendment) Act, 2025

The Government of Uttar Pradesh revised its labour laws and the key highlights of the amendments include increasing daily number of working hours to 12 (Twelve); allowing women working at night between 7 pm and 6 am with their written consent; increasing overtime hours from 75 (Seventy-Five) to 144 (One Hundred Forty-Four) in a quarter; criteria for entitlement of twice the ordinary rate of wages depending on number of working days and hours; appropriate working and safety conditions; CCTV camera; rest rooms; transportation facilities; amongst others.

Mandatory 21-year renewal requirement abolished

In a bid to promote ease of doing business, the Government of Delhi has removed the requirement of mandatory renewal of registration under relevant provisions of the Delhi Shops and Establishments Act, 1954. Until now, businesses had to renew their registration every 21 (Twenty-One) years. Going forward, the registration will be a onetime process.

Haryana Shops and Commercial Establishments Act, 1958 (Amendment) Ordinance, 2025 ("Ordinance 2025") notified

The Haryana Government has notified Ordinance 2025 and key changes include applicability on establishment with less than 20 (Twenty) employees; increase in daily working hours from 9 (Nine) to 10 (Ten) hours; break after 6 (Six) hours; quarterly overtime limit of 156 (One Hundred Fifty-Six) hours; penalty provisions; procedure for registration of establishments; issuance of Appointment Letter and Identity Card; notification of Closure.

Draft Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2025 ("Draft Amendment 2025") released

The Government of Maharashtra has released the Draft Amendment 2025 for public comments and suggestions. The Amendment 2025 relates to registration, intimation and closure requirement for establishments employing 20 (Twenty) or more workers; revisions in certain forms; safety and security measures for women during night shifts (9:30 p.m. to 7:00 a.m.) such as transportation facility; washroom, water, changing room etc; CCTV surveillance; grievance day once every eight weeks; separate form for taking consent; amongst others.

Employees' Provident Fund ("EPF") dues would be first charge on the proceeds from sale of assets

The Supreme Court held that from the proceeds of the sale of assets, the first charge would be for the dues under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ("EPF Act") which includes contribution payable, interest, penalty and damages (if any). Therefore, the sale proceeds have to be first applied in satisfaction of the dues under the EPF Act and then in satisfaction of the secured debt of the appellant-bank under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Managing Director of company is employer under Minimum Wages Act, 1948 ("the Act")

The Kerala High Court held that the Managing Director of the company under consideration is a statutorily recognized person to be treated as the "employer" as per relevant provisions of the Act, in a proceeding initiated for 'Claims' of the said Act by the competent authority.

Intellectual Property Updates

India's First Olfactory Trade Mark

The Trade Marks Registry accepted India's first-ever olfactory (smell) trademark for a rose-like floral fragrance applied to vehicle tyres, filed by Sumitomo Rubber Industries Ltd. A research team from IIIT Allahabad had developed a 7-dimensional odour vector graph mapping the rose fragrance across fundamental odour families thereby fulfilling the criteria of graphical representation of the mark. This precedent thus reflects global trends, joining countries like the United Kingdom, Australia and the United States of America that have acknowledged olfactory marks.

Pre litigation mediation not necessary

The Supreme Court of India has ruled that in cases of continued Intellectual Property infringement by the other side, the requirement of pre-litigation mediation under the Commercial Courts Act, 2015 is not mandatory. Further, this requirement cannot be applied mechanically on all the cases.

Hermès, & declared well known marks.

The Delhi High Court has declared the above marks of Hermes International as well-known in India.

The Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2025 notified

The Ministry of Commerce and Industry has released the above mentioned rules - which will replace the old First Schedule with new official fees and forms of Geographical Indication registration process such as application, opposition, renewal, correction, rectification etc.

Draft rules to amend the Trade Marks Rules, 2017 ("Draft Trade Marks Rules") released

The Draft Trade Marks Rules have been released by the Ministry of Commerce and Industry for public comments and suggestions. Some of the highlights include definitions of terms such as Code of Conduct, Officer and Disciplinary Committee; following of detailed Code of Conduct by Trade Mark Agent or Attorney; provision of filing complaint through a dedicated form by aggrieved party against Trade Mark Agent or Attorney; detailed procedure for handling of complaints; constitution of Disciplinary Committee and powers thereof.

Draft rules to amend the Patents Rules, 2003 ("Draft Patents Rules") released

Similar to the Draft Trade Marks Rules, the Ministry of Commerce and Industry has also released Draft Patents Rules for public comments and suggestions. The features of the Draft Patents Rules are similar to the Draft Trade Marks Rules with applicability on Patent Agent.

Case Laws

Liquidated damages are not subject to Goods and Services Tax ("GST")

The Gujarat Authority for Advance Ruling GST has held that liquidated damages cannot be said to be a consideration received for any activity undertaken by the Recipient and only represents compensation for breach of contractual terms. Consequently, no GST is payable on the liquidated damages or penalty amounts paid by the Applicant.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.