INDIAN GAMING
India approves Digital Data Protection law imposing new compliance requirements for gaming Cos
The Indian Parliament has fi nally approved the Digital Personal Data Protection Bill, 2023 (“Bill”) ushering a new era in the story of Digital India. The Bill will now become an act after receiving
presidential assent. The legislation lays down a comprehensive framework for data protection in India. In line with Puttuswamy decision by Supreme Court, this new law recognizes the right to privacy of individuals to whom personal data relates to. Similar to GDPR, personal data may be
processed by entities which determine means and purposes of processing which are referred to as Data Fiduciaries and entities such as contractors, service providers, which may process personal data on behalf of such Data Fiduciaries as “Data Processors”. For gaming sector, the players will be the data principals while gaming companies that collect
Kerala: HC dismisses lottery king Santiago Martin’s writ petition challenging ED’s attachment orders
Lottery king Santiago Martin’s appeal against Enforcement Directorate’s recent action to attach and freeze his and his company’s movable assets under the Prevention of Money Laundering Act, 2002 (PMLA) has been dismissed by the Kerala High Court on Tuesday, August 8. Martin had approached the High Court
challenging ED’s provisional attachment orders on the aforementioned properties under the PMLA.
data will be the data fi duciaries. The law lays down broad ground rules, several of
which, like consent, purpose limitation and data minimization, have been developed through the consultation process. The provisions will apply to any data about an
individual who is identifi able by, or in relation to such data in digital form or personal data which may be
According to reports, Martin and his company are accused of involvement in money laundering estimated to be around Rs 910.29 crore. The case was earlier being investigated by the CBI with the ED, subsequently, stepping in and fi ling a case under PMLA, too. Most recently, the ED froze assets worth Rs 457 crore belonging to him. Senior Advocates Mukul Rohatgi and Ramesh
Babu, representing Martin, claimed that the attachment orders went beyond the petitioners’ (Martin and his company’s) portion of the estimated proceeds of crime. They argued that ED estimated the amount to be around Rs 464 crore (51%) while the attachment was done for Rs 894 crore. The remaining portion (49%) relates to the other accused in the case, the petitioners’ lawyers argued. Appearing on behalf of respondents, ASGI ARL
Sundareshan and Standing Counsel Jaishankar V Nair told the court that the attachment order
digitized later. All online gaming companies use digital form to collect personal data making the legislation applicable on default. The Bill allows a Data Fiduciary to process the
personal data of children only with parental consent. ESports organisers where players may be below 18 years will need to obtain parental consent which anyway is a requirement under the Contract law. The principle of data minimisation will be applied to all digital data collection and entities can collect only as much personal data as is necessary to serve the specifi ed purpose. Minister of Electronics and Information
Technology Ashwini Vaishnaw said that the law would be put into motion over the coming six to ten months.
ensures the integrity of PMLA proceedings as Martin allegedly invested proceeds of crime in multiple companies. They argued that the real issue is the legitimacy of the provisional attachment orders passed on June 9, 2023 and May 12, 2022 regarding freezing of movable assets of both the petitioners. Justice Bechu Kurian Thomas also noted that PMLA
provides a three-tier remedy as per the statute which includes adjudication by an independent authority, appeal to an Appellate Tribunal, and further appeal to the High Court. “When such statutory remedies are provided,
including an appellate power on facts as well to the High Court, exercising the power under Article 226 of the Constitution of India would be akin to usurping the power of the Appellate Court. Such a procedure is not legally proper or justifi able, unless there are exceptional reasons to do so,” Justice Thomas said as per Livelaw. With this, the court concluded that the writ petition is not maintainable and so it stands dismissed.
Founded by industry veterans, G2G News is an independent news portal covering all developments relating to online gaming,
poker, gambling, casino, cricket betting and esports in India and the Indian subcontinent.
Santiago Martin 28 SEPTMEBER 2023
www.g2g.news
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