Congratulations, Shri Jayant Sinhaji
Context :
Proactive
play. Big Tech staring at tough policing regime / BL
/ 18 Dec 2022
Extract :
The Parliamentary Standing Committee on Finance headed by Jayant Sinha is set to recommend
stringent regulation of Systemically Important Digital
Platforms (SIDP),
which will need to comply with extra obligations and stricter compliances.
The objective of identifying and regulating
SIDP is to ensure that digital markets are kept
free and open and regulators can address the problems, if
any, before market distortions take place.
Once firms are identified as SIDP, they
will be obligated to follow a code of conduct that will be binding with penal consequences on
the lines of Digital Markets Act (DMA) of the EU.
The Competition Commission of India (CCI)
will be the enforcing authority for the new framework and it will frame
regulations to identify SIDPs on market-facing criteria such as subscriber
base, number of sellers and number of active users.
If this recommendation of Parliamentary
Panel becomes law, GAFA (Google, Amazon,
Facebook (now Meta) and Apple) — the big tech— will have to change their business models, sources said.
This recommendation to identify and regulate SIDPs will form part
of a report on ‘Anti-competitive practices by Big Tech companies’ to be adopted
by the Parliamentary Panel on Monday, sources said.
Ex-ante regulation
This Parliamentary Panel report among other
things will recommend ex-ante regulation of
Big Tech on the lines of the framework specified in the recently-enacted
Digital Markets Act (DMA) of the European Union. The DMA came into force from
November 1 this year, seven months after it was passed by the European
Parliament in March.
The proposed ex-ante — ‘before the event’
regulatory framework — will supplement the ex-post — ‘after the event’ enforcement actions of CCI.
Having an ex-ante regulation
will also open up possibilities for start-ups to compete on the merits of their
products and services, without being disadvantaged or discriminated by gatekeeper platforms.
Big Tech under fire
The panel had identified ‘Anti-competitive
practices by Big Tech’ as a subject for examination
and report early this year.
Unlike the present competition regulations
that operate post-occurring of anti-competitive conduct, the ex-ante framework is expected to ensure timely and faster market corrections, obviating the need for lengthy
investigations and inquiries marred by delays due to judicial challenge during
the course of investigations.
MY SUGGESTION for EX-ANTE REGULATIONS :
Dear Shri Sinhaji,
Please consider implementing my following earlier suggestions on
how to rein in the BIG TECH :
Ø
Only
Answer : a Statutory Warning………………………….. [ 10 Nov 2018 ]
Extract :
So, why not insist on some kind of a STATUTORY WARNING to online users visiting
ANY web site and “ consuming “ its “ Content / Service “ ?
How can this be implemented ?
Here is how :
ALL websites wanting to operate in India must :
Enter into a legally binding CONTRACT ( under proposed Data Protection Law ), with DATA PROTECTION REGULATOR – DPR, as suggested in,
i “ A Matter of Motive ? “
Prominently display this
CONTRACT NUMBER on their home pages
Carry on its home page ,
following STATUTORY WARNING
Web sites which fail / refuse to enter into such CONTRACT , will be
banned
With Regards,
Hemen Parekh
hcp@RecruitGuru.com / 19 Dec 2022
STATUTORY WARNING
· This
web site has entered into a CONTRACT with India’s Data Protection Regulator and
has been allotted “ Contractor No
: 061139 “
· By
clicking on this “ Contractor No “ link , a visitor can get to see,
# The nature of SERVICES being offered by this
site to its users
# Nature of “ User Data “ that we will access
from www.IndiaDataCustodian.gov.in
· A
visitor who has registered on
www.IndiaDataCustodian.gov.in ,
can get the services of this web site by just entering on this
web site :
# Name and User
ID / Password [ selected ]
# His REGISTRATION NUMBER at
# Then clicking on… “ Log me in with www.IndiaDataCustodian.gov.in
He / She does not need to provide any other personal data
Whatever
“ PERSONAL DATA “ this site requires about an user for delivering its SERVICES
, will be “ accessed “ from www.IndiaDataCustodian,gov.in only , as per the terms of
the contract
A user
logging into this web site would have deemed to have granted the necessary
permission to this web site to contact
www.IndiaDataCustodian.gov.in and
access his / her data , as per the multiple selections that he has made of the
“ DATA LEVELS “ detailed there, as follows :
# Data Level 1 ……………… Personal
Data ✔
# Data Level 2 ……………… Family Data ✔
# Data Level 3 ……………… Contact
Info ✔
# Data Level 4 ……………… Social
Media Data ( websites-portals-apps etc ) ✔
# Data Level 5 ………………. Cultural
Exposure Data ✔
# Data Level 6 ………………. Education qualifications
Data ✔
# Data Level 7 ………………. Languages
Knowledge Data ✔
# Data Level 8 ………………. Job Experience Data ✔
# Data Level 9 ……………… Wealth
– Income Data [ from Tax Returns ] ✔
# Data Level 10 ……………….
Medical History Data ✔
This
website agrees and accepts that all of the above mentioned DATA is protected
under the Indian Copyright Act 1957 under category , “ Other Literary “ and
belongs to the concerned person who has granted the Indian DATA PROTECTION
REGULATOR , following limited rights in respect of these data :
# Reproduce the work
# Issue copies of the work to the public
This web site
accepts that DATA PROTECTION REGULATOR has been granted , a limited “ Power of
Attorney “ from the persons registered on
www.IndiaDataCustodian.gov.in ,
and that the DPR has full authorization from each registered
user to deal with this web site on his / her behalf
This web site
agrees to make direct payments to DPR for uses of PERSONAL DATA of the users
who are registered on www.IndiaDataCustodian.gov’in ,
in terms of the contract and does not accept any liability in this regards ,
directly to the user
This website
undertakes to use the “ User Data “ strictly for the purpose of delivering the
promised service and for no other purpose
This web site
further undertakes to prevent access to the User Data to third parties and
further agrees to compensate the users for any breach / leakage of such
personal data , as stipulated in its contract with the Indian DPR
This web site uses
a user’s PERSONAL DATA accessed ( from www.IndiaDataCustodian.gov.in )
, only during the USER SESSION
This web site does NOT store
on its servers, any USER DATA at any other time , nor
engage in any MIRRORING – CLOUD STORAGE – CROSS
BORDER MIGRATION of
As
soon as a user “ logs out “ from this site after a session, following things
happen :
# Any
user data accessed during the session is instantly deleted
# Entire
log of the session is transferred to www.IndiaDataCustodian.gov.in
Related Readings :
Digital Dividend from Demographic Data [ 4 D ]………………….....
[ 14 Feb 2019 ]
SARAL ( Single Authentic Registration
for Anywhere Login )…[ 10 Feb 2019 ]
Nostradamus could have said ?
Contract for the Web
Internet Bill of Rights
Tim Berners-Lee Speaks
A Matter of Motive
Privacy For Sale
Right to Sell My Soul ?
Trade Off :
Privacy vs LiveEasy ?
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