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Customer due diligence (CDD) is a series of checks to help you verify
your customers' identities and assess their risk profiles. CDD is a
regulatory requirement for companies entering into business
relationships with a customer and is a big part of anti-money
laundering (AML) and know your customer (KYC) directives.
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Transaction monitoring refers to the monitoring of customer
transactions, including assessing historical/current customer
information and interactions to provide a complete picture of
customer activity.
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A Suspicious Activity Report (SAR) is a document that financial
institutions, and those associated with their business, must file with
the Financial Crimes Enforcement Network (FinCEN) whenever there
is a suspected case of money laundering or fraud.
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Record Keeping:- Record keeping is the process of recording and
maintaining a history of an organization's activities.
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Employee Training: Employee training is a planned set of activities
that help employees learn new skills or improve their current ones.
Training can help employees improve their performance in their
current roles, and can also help organizations and teams be more
productive.
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AML laws The purpose of the AML rules is to help detect and report
suspicious activity including the predicate offenses to money
laundering and terrorist financing, such as securities fraud and
market manipulation
Data Protection Law
Data protection laws in India are primarily governed by the Personal
Data Protection Bill, which aims to regulate the processing of personal
data and protect the privacy rights of individuals. As of my last
knowledge update in January 2022, the bill was under consideration,
and there might have been developments since then.
Here are some key aspects of the proposed data protection framework in India:
- Personal Data:-The bill defines personal data broadly and includes
categories such as sensitive personal data, critical personal data, and
non-personal data.
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Data Processing:-It outlines principles for the processing of personal
data, including the purpose of processing, consent requirements, and
the storage limitation principle.
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Data Localization:-The bill proposes restrictions on the cross-border
transfer of certain categories of sensitive personal data, emphasizing
data localization.
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Data Protection Authority:-The bill establishes the Data Protection
Authority of India (DPA) to oversee and enforce data protection
regulations.
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Consent Mechanism:-Individuals’ consent is a crucial element of the
proposed framework, and data controllers are required to obtain
explicit and informed consent for processing personal data.
Data Subject Rights:-The bill grants individuals certain rights, including
the right to access, correct, erase, and port their data. It also
introduces the right to be forgotten.
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Data Breach Notification:-The bill mandates the reporting of data
breaches to the DPA and affected individuals under certain
circumstances.
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Impact Assessments:-Data protection impact assessments (DPIA) are
required for certain types of data processing activities that involve
high risks to individuals’ rights.
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It’s essential to stay updated on the status of the Personal Data
Protection Bill and any subsequent developments in data protection
laws in India. Additionally, organizations, including those involved in
trading tournaments, need to be mindful of these regulations and
ensure compliance with data protection principles to safeguard
participants’ personal information.
Legal Advice
As of my last knowledge update in January 2022, legal advice in India is
typically sought from qualified legal professionals, including lawyers
and advocates. If you are in need of legal advice in India in 2023, here
are some general steps you can take:
- Lawyer or Law Firm:-Identify a lawyer or law firm that specializes in the
area of law relevant to your issue. Lawyers often have specific
expertise in areas such as civil law, criminal law, family law, corporate
law, etc.
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Bar Council of India:-Verify that the lawyer is registered with the Bar
Council of India. Each state in India has its own Bar Council, and
lawyers must be enrolled with the respective Bar Council to practice
law.
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Consultation:-Schedule a consultation with the lawyer to discuss your
legal issue. During the consultation, you can explain your situation, ask
questions, and get an initial understanding of the legal aspects
involved.
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Legal Aid Clinics:-If you are facing financial constraints, you may
explore legal aid clinics or organizations that provide free or low-cost
legal assistance to those in need.
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Online Legal Platforms:-There are online legal platforms where you can
connect with lawyers for virtual consultations. Ensure that these
platforms adhere to legal and ethical standards.
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Referrals:-Seek referrals from friends, family, or colleagues who may
have had positive experiences with lawyers in similar legal matters.
Local Bar Association:-Contact the local bar association in your area
for recommendations or information about lawyers specializing in your
type of legal issue.
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Legal Directories:-Utilize legal directories that list lawyers based on
their practice areas, experience, and client reviews.
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Document Preparation:-If you need assistance with document
preparation, lawyers can guide you in drafting legal documents,
contracts, or any paperwork required for your specific case.
Clear Fee Structure:-Discuss the lawyer’s fee structure during the
initial consultation. Ensure that the terms of engagement, including
fees, are clear and documented.
Contractual Agreements
In India, contractual agreements are governed by the Indian Contract
Act, 1872. This act outlines the legal principles and rules regarding
contracts, providing a framework for the formation, execution, and
enforcement of contracts. Here are key aspects related to contractual
agreements in India:
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Offer and Acceptance:-A valid contract requires a lawful offer and its
acceptance. The terms of the offer and acceptance must be clear,
certain, and communicated between the parties.
Intention to Create Legal Relations:-Parties must have a genuine
intention to create legal relations for the agreement to be considered a
valid contract.
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Lawful Consideration:-Every contract must be supported by lawful
consideration, which means there must be something of value
exchanged between the parties.
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Capacity of Parties:-The parties entering into a contract must have the
legal capacity to do so. Minors, individuals of unsound mind, and those
disqualified by law cannot enter into a valid contract.
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Free Consent:-Consent must be given freely without coercion, undue
influence, fraud,misrepresentation, or mistake for the contract to be
valid.
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Lawful Object:-The purpose and object of the contract must be lawful.
Contracts with illegal or immoral objectives are void.
Certainty and Possibility of Performance:-The terms of the contract
must be certain and capable of performance. Vague or uncertain terms
may make the contract void.
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Enforceability:-Contracts that are not expressly declared void by law
are enforceable through legal remedies in case of a breach.
Written and Oral Contracts:-While many contracts can be oral, certain
types of contracts, such as those related to real estate, must be in
writing to be legally enforceable.
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Void and Voidable Contracts:-Void contracts are those that are
inherently unenforceable, while voidable contracts are valid but can be
voided under certain conditions, such as fraud or coercion.
Performance and Discharge:-Contracts are discharged when parties
fulfill their obligations (performance) or by other means like mutual
agreement, impossibility of performance, or breach.
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When entering into contractual agreements, it is crucial to ensure that
the terms are clear, fair, and comply with the relevant laws. Seeking
legal advice and drafting contracts carefully can help prevent disputes
and ensure the enforceability of agreements.