1. As the Founding Partner of Lawkins, what motivated you to start your own firm, and what has been the most rewarding aspect of this venture so far?

Our firm was founded on a fervent passion for the industry and a resolute belief in the necessity of a profoundly personalized, client-centric approach. Identifying an underserved market for specific service or niche, we aspired to create a firm that would redefine industry standards for client experience. The most gratifying aspect of this journey has been forging enduring partnerships with clients and making substantial contributions to their objectives. Witnessing the tangible realization of our clients’ aspirations is immensely fulfilling and serves as an unwavering source of inspiration for our team.

2. During your time as a Real Estate Lawyer at Shardul Amarchand Mangaldas & Co, what were some of the most challenging cases you worked on, and how did you navigate them?

My time at Shardul Amarchand Mangaldas & Co involved a broad spectrum of real estate transactions, each presenting distinct challenges. A common thread was the intricate balance of legal complexities, market forces, and client demands.

The Indian real estate landscape is characterised by a labyrinthine regulatory framework. Multiple, often overlapping laws and inconsistent enforcement create a complex environment. The real estate market’s conservative nature, marked by lengthy project timelines and substantial investments, necessitates a cautious approach. Clients often prioritise risk mitigation, requiring comprehensive legal protection. Balancing rigorous due diligence with commercial imperatives is crucial. Clear communication and client education are key to managing expectations and building trust.

Limited and unreliable data, compounded by the absence of a centralised property registry, hinders title verification and due diligence. Ground-level investigations and diverse data sources are essential. A robust due diligence framework and advanced data analysis techniques are employed to overcome these challenges.

By navigating these complexities with a pragmatic yet conservative approach, we successfully mitigated risks and achieved positive outcomes for our clients.

3. How do you see the field of real estate law evolving over the next decade, and what changes do you anticipate?

The Indian real estate sector is undergoing a period of substantial transformation. Driven by rapid urbanisation, increasing disposable incomes, and government initiatives such as the ‘Housing for All’ mission, the industry is experiencing unprecedented expansion. The forthcoming decade is expected to witness a surge in demand for affordable housing, commercial property, and infrastructure development. Nevertheless, the sector continues to grapple with challenges such as regulatory intricacies, land acquisition difficulties, and environmental considerations. As the market matures, there is an anticipated growth in emphasis on sustainability, eco-friendly construction, and Real Estate Investment Trusts (REITs). The legal framework will require adaptation to accommodate these developments, addressing matters such as property rights, consumer protection, and environmental compliance.

4. For aspiring lawyers interested in real estate law, what steps would you recommend they take to build a strong foundation and succeed in this field?

For aspiring real estate lawyers, a robust foundation is indispensable. Practical exposure through internships or clerkships within real estate firms offers invaluable insights into the industry’s intricacies. Hands-on training and fieldwork are crucial for understanding the ground realities. Additionally, thorough grasp of land revenue laws and their impact on property rights is vital. Building a strong network within the real estate industry, attending industry conferences, and seeking mentorship can accelerate career progression. Ultimately, developing exceptional negotiation and communication skills is instrumental in fostering client relationships and achieving successful outcomes.

5. What motivated your shift from established firms like L&L Partners to founding your own firm, and what unique challenges have you faced as an entrepreneur in the legal field?

Balancing business acumen with legal expertise is paramount. The competitive legal landscape demands innovative strategies while upholding ethical standards. A significant hurdle lies in bridging the gap between legal complexities and the needs of the common individual, particularly in real estate transactions. Overcoming traditional mindsets within the legal profession and adapting to the dynamic nature of government interactions have also been substantial challenges.

6. What are your long-term career goals?

My long-term career goal is to be a catalyst for change in the Indian real estate landscape. I aspire to create a society where individuals understand the critical importance of legal due diligence in property transactions, with lawyers playing a pivotal role as trusted advisors.

7. What do you think are the key points to look for before buying a property?

Acquiring a property is a substantial financial commitment that necessitates thorough evaluation of several critical factors. Firstly, the location of the property is paramount, as it can significantly influence its value and suitability for your needs. Secondly, understanding the permitted uses of the property is crucial to ensure it aligns with your intended purposes, whether residential, commercial, or other uses. Thirdly, validating the ownership of the property is essential to confirm the seller’s legal right to transfer ownership and to avoid potential disputes. Lastly, investigating any existing encumbrances, such as liens, mortgages, or easements, is vital to ensure there are no legal or financial obstacles that could affect your ownership or use of the property. Each of these factors plays a crucial role in making an informed and secure property purchase decision.

8. What advice would you give to professionals about making a career in real estate law and setting achievable goals?

Seek guidance from experienced real estate lawyers. A mentor can provide valuable insights and support.

The post In Conversation with Saksham Rajvanshi, Founding Partner, Lawkins appeared first on Legal Desire Media and Insights.

As the dawn of a new year unfolds, it’s time to embark on a journey of self-improvement and productivity. Whether you’re looking to enhance your home, streamline your daily routine, or embrace the latest innovations, Amazon is the ultimate destination for must-buy items to kickstart your year. In this article, we’ve curated a list of essential products that will help you start 2024 on the right note. Let’s delve into a world of convenience, innovation, and practicality – because starting the year right begins with the right things in your life.

Journal: Find Your Balance 2024 Undated Planner; Guided Journal; Gratitude Journal; Habit Tracker & Mood Tracker for Wellness

In the quest for wellness, a guided journal, gratitude journal, habit tracker, and mood tracker prove essential. Guided journaling offers structured introspection, fostering self-discovery. A gratitude journal cultivates positivity by acknowledging daily joys. A habit tracker transforms goals into achievable routines, promoting discipline. Concurrently, a mood tracker provides insights into emotional patterns, facilitating proactive self-care. Together, these tools create a holistic approach to well-being, encouraging mindfulness and intentionality. Amid life’s chaos, they stand as indispensable allies, fostering a deeper connection with oneself and contributing to a more fulfilled and balanced life

Magnetic Monthly Planner for Fridge

The WishKraft Magnetic Monthly Planner is a game-changer for organization. Measuring 18×12 inches, it turns your fridge into a centralized planning hub. The dry-erase whiteboard design allows effortless monthly scheduling, ensuring crucial events are never overlooked. Complete with markers and a duster, it offers convenience and reusability. This planner streamlines daily life, making it easy to track appointments, deadlines, and commitments. With a quick glance at the fridge, you have a comprehensive view of the month ahead. It’s the perfect tool to enhance productivity, reduce stress, and keep everyone on the same page, making it a must-have for efficient and organized living.

Transparent Sticky Notes

Clear sticky notes offer a modern, clutter-free note-taking experience. Their transparent design ensures seamless integration without obstructing underlying content. Perfect for personal and professional use, these repositionable notes are ideal for annotations, reminders, and collaborative work. With clear sticky notes, organization becomes visually intuitive, promoting efficiency in daily tasks and projects.

Reversible Desk Spread

The Scarters Reversible Deskspread, measuring 90x45cm, is a dual-tone, anti-slip essential for home and office workspaces. Crafted from vegan PU, it provides a sleek, durable surface for comfortable working. Its reversible design adds versatility, catering to diverse preferences. Protecting desks from scratches, spills, and wear, this deskspread enhances the overall aesthetics while ensuring a conducive and organized environment for efficient work, making it a practical and stylish addition to your workspace.

Cable Management Box

The Cable Management Box is an essential solution for home and office organization. It efficiently hides and organizes loose wires, power strips, cords, and surge protectors, creating a neat and clutter-free environment. The box not only enhances the aesthetics of your workspace but also prevents accidents and entanglements. With a sleek design and easy access to your devices, it’s a practical investment to maintain a tidy and safe workspace, promoting efficiency and reducing visual distractions.

The post Start 2024 Right: Gifts for Lawyers appeared first on Legal Desire Media and Insights.

The legalization of cannabis is a global phenomenon that is reshaping drug policy, economies, and social dynamics across the world. Once stigmatized and criminalized, cannabis is now gaining acceptance and legitimacy. This article explores the evolving legal landscape of cannabis from a global perspective, examining the regulatory frameworks, social impacts, and economic implications of this significant shift in drug policy.

Regulatory Frameworks

The regulatory approach to cannabis varies widely from one country to another, reflecting cultural, historical, and political factors. Three primary models emerge:

1. Full Legalization: Some countries, such as Canada and Uruguay, have fully legalized cannabis for both medical and recreational use. They have established comprehensive regulatory frameworks, including licensing systems, quality control measures, and taxation.

2. Medical Use: Many countries have legalized cannabis for medical purposes while maintaining strict controls on recreational use. These regulations typically involve the prescription of medical cannabis by healthcare professionals and the establishment of authorized dispensaries.

3. Decriminalization: Some jurisdictions have chosen to decriminalize the possession of small amounts of cannabis, reducing penalties to fines or civil infractions rather than criminal charges. Decriminalization aims to reduce the burden on the criminal justice system and minimize the negative consequences of drug convictions.

Social Impacts

The legalization of cannabis has brought about a range of social impacts, both positive and negative:

1. Public Health: Legalization has allowed for the regulation and testing of cannabis products, enhancing safety for consumers. However, concerns remain about the potential for increased cannabis use and its impact on public health, including addiction and impaired driving.

2. Criminal Justice Reform: In many cases, legalization has led to the reduction of drug-related arrests and convictions, particularly for non-violent offenses. This has helped alleviate prison overcrowding and reduce the social and economic costs of incarceration.

3. Social Equity: Legalization efforts increasingly focus on addressing the historical injustices of the War on Drugs, particularly in communities disproportionately affected by drug-related arrests. Social equity programs aim to provide opportunities for individuals with prior convictions to participate in the legal cannabis industry.

4. Youth and Education: Concerns persist about the impact of legalization on youth. Regulatory frameworks typically include strict age restrictions and educational campaigns to discourage underage use.

Economic Implications

The legalization of cannabis has significant economic implications:

1. Tax Revenue: Legal cannabis markets generate substantial tax revenue for governments. These funds can be allocated to various public services, such as education, healthcare, and drug treatment programs.

2. Job Creation: The cannabis industry is a source of employment, from cultivation and processing to retail and distribution. It has created jobs in regions where the industry is thriving.

3. Entrepreneurship: Legalization has opened doors for entrepreneurs to enter the cannabis market. Small and minority-owned businesses have emerged, contributing to economic diversification.

4. Tourism: Some regions have experienced an increase in cannabis tourism, attracting visitors interested in exploring legal cannabis markets.

Global Trends

The global trend toward cannabis legalization shows no signs of slowing down:

1. North America: Canada and several U.S. states have legalized cannabis for recreational use. The momentum is growing as more states and countries in the region pursue legalization.

2. Europe: Several European countries, including the Netherlands, Portugal, and Spain, have relaxed cannabis laws to varying degrees. The European Union is also exploring harmonized regulations for medical cannabis.

3. South America: Uruguay was the first country in the world to fully legalize cannabis. Other South American nations, such as Colombia and Mexico, are moving toward legalization for both medical and recreational use.

4. Africa: Some African countries are exploring cannabis legalization to tap into its economic potential and reduce the impact of illicit cultivation.

Conclusion

The legalization of cannabis is a global trend with profound implications for societies, economies, and drug policies. While the regulatory models and social impacts vary, the shift toward acceptance and legitimacy is undeniable. As the global perspective on cannabis continues to evolve, policymakers, researchers, and communities must carefully navigate the challenges and opportunities that come with this transformative change in drug policy. The legalization of cannabis represents a dynamic and ongoing experiment in redefining societal norms and addressing the historical injustices associated with drug prohibition.

The post The Legalization of Cannabis: A Global Perspective appeared first on Legal Desire Media and Insights.

Space tourism, once the realm of science fiction, is rapidly becoming a reality. Private companies are developing spacecraft that promise to take civilians on suborbital and orbital journeys, opening up the cosmos to tourists. However, this exciting frontier is not without its legal complexities. This article explores the emerging legal issues related to space tourism, including liability, safety regulations, and the commercialization of outer space.

The Commercialization of Space

Space tourism represents a new era in commercial space exploration. Companies like SpaceX, Blue Origin, and Virgin Galactic are pioneering this industry, offering civilians the opportunity to experience space travel firsthand. However, this rapid commercialization raises several legal considerations:

1. Commercial Liability: As space tourism companies begin to offer their services to the public, questions about liability arise. What happens if a passenger is injured during a flight? Who is responsible for accidents or equipment failures in space? Clarifying liability in these scenarios is a crucial legal task.

2. Insurance: Space tourism companies must secure significant insurance coverage to protect themselves and their passengers. Ensuring adequate coverage is essential to address potential liabilities and damages.

3. Contractual Agreements: Passengers will likely sign contracts with space tourism providers, outlining the terms and conditions of their journey. These contracts must comply with existing consumer protection laws and ensure that passengers understand the inherent risks of space travel.

Safety Regulations and Oversight

Ensuring the safety of space tourists is paramount, and governments are developing regulatory frameworks to oversee this emerging industry:

1. Federal Aviation Administration (FAA): In the United States, the FAA regulates commercial spaceflight. Companies must obtain licenses and permits, and their vehicles must meet safety standards to carry passengers.

2. International Coordination: As space tourism transcends borders, international coordination and regulations become vital. The Outer Space Treaty, for example, prohibits harmful contamination of celestial bodies and requires nations to authorize and supervise space activities by non-governmental entities.

3. Safety Standards: Developing and enforcing safety standards for spacecraft and launch operations is crucial to protect passengers and ensure the viability of the space tourism industry.

Environmental and Ethical Considerations

Space tourism raises environmental and ethical concerns that require careful legal consideration:

1. Environmental Impact: The emissions and environmental effects of space travel, especially if it becomes a more common form of tourism, need to be assessed and regulated to minimize harm to the Earth’s atmosphere.

2. Space Debris: The increasing number of spaceflights could contribute to space debris, which poses a threat to other satellites and future space missions. Legal frameworks must address debris mitigation and management.

3. Ethical Concerns: Space tourism may exacerbate issues of space inequality, as only the wealthy can afford such trips. Legal frameworks should consider equitable access to space and potential social implications.

Informed Consent and Passenger Safety

Passengers embarking on space tourism journeys must provide informed consent, acknowledging the risks associated with space travel:

1. Risk Disclosure: Space tourism companies must disclose potential risks to passengers transparently. Legal requirements for informed consent should ensure passengers understand and accept these risks willingly.

2. Medical Screening: Passengers must undergo medical screening to assess their fitness for space travel. Legal considerations come into play in ensuring non-discriminatory medical evaluations.

3. Emergency Procedures: Spacecraft must have clear emergency procedures in place, and passengers should be informed about these procedures in advance.

International Collaboration

Space tourism necessitates international collaboration, as journeys may cross multiple jurisdictions and require cooperation on various levels:

1. Space Traffic Management: Coordinated international efforts are essential for tracking and managing the growing number of spacecraft in orbit to prevent collisions and ensure safety.

2. Diplomatic Agreements: Bilateral and multilateral agreements among nations are necessary to address space tourism’s legal complexities, including liability, emergency response, and environmental protection.

Conclusion

Space tourism is on the brink of revolutionizing how we explore the cosmos, offering civilians a glimpse of the stars. However, this exciting new frontier comes with a host of legal considerations, from liability and safety regulations to environmental and ethical concerns. Navigating the final frontier of space tourism requires a careful balance between fostering innovation and ensuring the safety, equity, and sustainability of this emerging industry. As the space tourism industry continues to evolve, it is essential that legal frameworks adapt to protect passengers, preserve the environment, and promote the responsible exploration of outer space.

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In today’s interconnected world, the importance of cybersecurity cannot be overstated. As technology continues to advance, so do the threats to digital assets and personal information. In response to these challenges, cybersecurity laws and regulations are evolving rapidly to address emerging threats, safeguard data privacy rights, and define the legal responsibilities of organizations. This article explores the ever-changing landscape of cybersecurity law, focusing on key trends and issues, including data breaches, privacy rights, and the obligations placed on organizations in the digital age.

Data Breaches: The Ongoing Threat

Data breaches remain a pervasive and costly issue in the digital age. Organizations face significant challenges in protecting sensitive information, and when breaches occur, the legal ramifications can be substantial.

1. Notification Requirements: Many countries and states have enacted data breach notification laws, requiring organizations to promptly inform affected individuals when their personal information is compromised. Failure to comply with these laws can result in severe penalties.

2. Data Security Standards: Cybersecurity laws often establish data security standards that organizations must follow to protect sensitive data. Compliance with these standards is essential to avoid legal consequences in the event of a breach.

3. Liability and Accountability: Legal frameworks increasingly hold organizations accountable for data breaches, and affected individuals may have grounds to pursue legal action for damages resulting from the breach.

Privacy Rights: Balancing Security and Individual Freedoms

Emerging trends in cybersecurity law recognize the importance of preserving privacy rights while addressing the need for enhanced security measures.

1. General Data Protection Regulation (GDPR): The GDPR, implemented by the European Union, is a landmark regulation that sets stringent standards for data protection and privacy. It grants individuals greater control over their personal data and imposes significant fines for non-compliance.

2. California Consumer Privacy Act (CCPA): The CCPA, enacted in California, provides consumers with the right to know what personal information is collected, request its deletion, and opt out of the sale of their data. Other states are following suit with similar legislation.

3. Biometric Data Regulations: Laws regarding the collection and use of biometric data, such as fingerprints and facial recognition, are emerging as a significant privacy concern. Organizations must navigate a complex legal landscape to ensure compliance.

4. International Data Transfers: As data flows across borders, legal challenges arise concerning the transfer of personal data between countries. Mechanisms like Privacy Shield and Standard Contractual Clauses are used to facilitate such transfers while complying with data protection laws.

Regulatory Frameworks and Industry Standards

To combat the ever-evolving nature of cyber threats, regulatory bodies and industry groups are continuously adapting and developing standards and best practices.

1. National Cybersecurity Strategies: Governments worldwide are establishing national cybersecurity strategies to address threats comprehensively, promote information sharing, and set regulatory frameworks.

2. Industry-Specific Regulations: Certain industries, such as healthcare and finance, are subject to specific cybersecurity regulations, tailored to address sector-specific vulnerabilities and risks.

3. Cybersecurity Frameworks: Organizations often turn to established cybersecurity frameworks, like NIST Cybersecurity Framework or ISO/IEC 27001, to guide their security practices and demonstrate compliance with regulations.

Legal Responsibilities of Organizations

The legal responsibilities placed on organizations in the digital age are expanding, requiring proactive measures to ensure cybersecurity and data protection.

1. Duty of Care: Organizations are increasingly viewed as having a duty of care to protect the personal data they collect and store. Negligence in implementing cybersecurity measures can result in legal liabilities.

2. Incident Response Plans: Many cybersecurity laws require organizations to have robust incident response plans in place. These plans outline steps to take in the event of a data breach, including notification of affected parties and regulatory authorities.

3. Employee Training: Ensuring that employees are educated about cybersecurity risks and best practices is crucial. Negligence by employees can lead to data breaches and legal consequences.

4. Third-Party Contracts: Organizations must also consider their legal responsibilities when outsourcing services that involve personal data. Contracts with third parties should include provisions for data protection and cybersecurity.

Conclusion

The evolving landscape of cybersecurity law reflects the ever-increasing importance of digital security and data privacy in the modern world. As technology continues to advance, legal frameworks must adapt to address emerging threats and protect individuals’ privacy rights. Organizations operating in the digital age must stay informed about these emerging trends in cybersecurity law to ensure compliance, protect sensitive data, and mitigate legal risks. In a world where digital assets are as valuable as physical ones, the importance of robust cybersecurity laws and vigilant adherence to them cannot be overstated.

The post Exploring the Digital Era: Emerging Trends in Cybersecurity Law appeared first on Legal Desire Media and Insights.

Smart contracts, powered by blockchain technology, have emerged as a transformative force in the realm of legal agreements. These self-executing contracts promise increased efficiency, transparency, and security, but they also raise unique legal challenges. This article explores the legal intricacies surrounding smart contracts, examining their enforceability, potential pitfalls, and the evolving regulatory landscape.

The advent of blockchain technology has ushered in an era where traditional contract law is intersecting with cutting-edge digital innovation. Smart contracts, self-executing agreements with predefined rules and conditions, have the potential to revolutionize the way parties engage in transactions. While their benefits are apparent, the legal community faces the task of adapting established legal principles to this evolving technology.

• Enforceability of Smart Contracts

A key concern surrounding smart contracts is their enforceability in a court of law. Traditionally, contracts are enforced based on the meeting of minds and the intention of the parties involved. Smart contracts, however, lack the human element, relying solely on code execution.

The absence of subjective intent in smart contracts challenges the fundamental concept of contract law. Courts are grappling with how to interpret and enforce these agreements, with varying results worldwide. Parties should ensure that the terms of the smart contract accurately reflect their intentions to mitigate potential disputes. Additionally, the legality of contracts formed via blockchain technology can vary by jurisdiction, so parties must consider the legal implications of their transactions, especially when dealing with regulated industries like finance or healthcare.

• Immutability and Irrevocability

One of the primary advantages of smart contracts is their immutability, meaning once deployed on a blockchain, they cannot be altered. While this attribute enhances security, it also poses legal challenges.

Human errors or unforeseen circumstances in the code may result in unintended consequences. Parties should establish mechanisms for error correction or amendments while maintaining the integrity of the original contract. Furthermore, smart contracts may require dispute resolution mechanisms, either through an integrated oracle system or through traditional legal channels.

•  Privacy and Data Protection

Smart contracts often involve the exchange of sensitive data, raising concerns regarding privacy and data protection compliance. Compliance with data protection regulations such as the European Union’s General Data Protection Regulation (GDPR) is crucial. Parties must carefully consider how data is stored, shared, and processed within smart contracts.

• Evolving Regulatory Landscape

Governments and regulatory bodies are still developing guidelines and legislation for smart contracts. The legal community should advocate for clear and consistent regulatory frameworks that address the unique challenges posed by smart contracts. Parties engaging in smart contracts should remain vigilant in monitoring and complying with evolving regulations.

Conclusion

Smart contracts hold the promise of revolutionizing the way contracts are executed, offering efficiency, transparency, and security. However, their legal complexities require careful consideration by parties and ongoing adaptation by the legal community. As the regulatory landscape continues to evolve, legal professionals must navigate the challenges and opportunities presented by this transformative technology to ensure its effective and lawful use in the digital age.

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Stage 1: Drafting and First Reading

The journey of a bill commences with its drafting by government ministers, individual Members of Parliament (MPs), or even members of the House of Lords. Once a bill is prepared, it undergoes its First Reading in either the House of Commons or the House of Lords. During this stage, the bill’s title and main objectives are introduced, but there is no debate on its content.

Stage 2: Second Reading

The Second Reading marks the first opportunity for MPs or Lords to debate the general principles and themes of the bill. This stage allows for initial discussions on whether the bill should proceed further. The debate focuses on the bill’s overall merits rather than specific details.

Stage 3: Committee Stage

The bill then enters the Committee Stage, where a committee of MPs or Lords examines its clauses in detail. In the House of Commons, this often takes place in a Public Bill Committee, while the House of Lords employs the Committee of the Whole House. This stage allows for amendments to be proposed, debated, and voted upon.

Stage 4: Report Stage

Following the Committee Stage, the bill returns to the chamber for its Report Stage. Here, further amendments can be made, and both major and minor changes are considered. Unlike the Committee Stage, the entire chamber takes part in the debates and decisions.

Stage 5: Third Reading

The Third Reading is the final opportunity for MPs or Lords to debate the bill in its entirety. At this stage, discussions are confined to the contents of the bill, and no further amendments are permitted. The focus is on whether the final version of the bill aligns with its intended purpose and objectives.

Stage 6: House of Lords Consideration

If the bill began in the House of Commons, it is then sent to the House of Lords for its consideration, and vice versa. The Lords follow a similar process of readings, debates, committee examination, and potential amendments.

Stage 7: Consideration of Amendments

Once the bill has completed its passage through both Houses, it returns to the originating House for consideration of any amendments made by the other House. The two Houses must agree on the final text of the bill, which can involve further negotiations and compromises.

 Stage 8: Royal Assent

Upon reaching an agreement, the bill is sent to the reigning monarch for Royal Assent. While Royal Assent is largely a formality, it is a crucial constitutional step. Once granted, the bill officially becomes law and is referred to as an “Act of Parliament.”

Public Involvement and Scrutiny

Throughout the entire process, there are opportunities for public engagement and scrutiny. Committees often solicit expert opinions, and members of the public can submit evidence to contribute to the debates and discussions. This ensures that bills are thoroughly examined from multiple perspectives before becoming law.

The Significance of the Process

The intricate process of passing a bill through the UK Parliament reflects the principles of democracy, accountability, and representation. Each stage allows for careful consideration, robust debate, and the opportunity for amendments based on varying viewpoints. This comprehensive process helps ensure that legislation is well-crafted, informed, and responsive to the needs and concerns of the citizens it affects.

The post The Journey of a Bill: How Legislation is Passed in the UK Parliament appeared first on Legal Desire Media and Insights.

• How was your law school journey in India?

My law school journey has been nothing short of an enjoyable experience, both in terms of learning the subject of law and growing from a teenager to a young adult. The most exciting part of my law school experience was the internship opportunities that I got in different cities. I have completed internships with law firms in Bangalore, Chennai, Kerala and Dubai. The not so exciting part was obviously the never-ending lectures; however, my professors always made it interactive through debates and lively discussions. Not to mention, the moot court preparations, library escapades and chai breaks were a highlight. Studying honours in both business administration and international law was a deadly combination that equipped me with a mix of skills that the corporate sector demands these days. Law school, in my opinion, really does shape one’s mind to think in a critical way. To ask questions, to compete with the best, to meet some of the best professionals in the industry and so much more. My bonus tip: be a reader, dreamer and network as much as possible during this time.

• How different were the learnings from your school and educational environment in the UAE?

I grew up studying the Indian syllabus in the UAE and the educational environment was something that I was familiar with. However, the law school experience in India is mostly challenging as opposed to the ease that is found in the educational system in the UAE which did impact my lifestyle, largely, the cultural values that the Indian education system imparts. In short, it is more like Sophistication meets culture. Adapting to cultural differences has been the biggest challenge because Dubai is a place where there there is a lot of ease even during education in the early years. There was a lot of unlearning and learning process to find the best balance.

• Did you always want to come back to the gulf/ Middle East to settle or work?

Growing up in the UAE, I was aware of the rewards of the job market. I graduated during the peak of Covid lockdown and at the time, hope was the only thing that we had with the hiring patterns. Luckily, there were also many businesses starting up at that point, mainly, tech companies which personally helped me accelerate my career growth. I got one of the best opportunities to work remotely for a US based legal tech startup company during my law school. That being said, I was certain about returning to the UAE soon after graduation. However, I had my doubts on entering the market here as the hiring in UAE is predominantly based on reference based on merit. Being a fresh law graduate from India and entering the UAE market was a leap of faith. Internships have helped a me a lot where it went from me approaching employers that align with my professional values to head-hunters approaching me. The best way to look at this is turning fear and hardship to a challenge that will be a comfort zone exit and entry into a corporate world full of opportunities.

• Which opportunity do you think was a breakthrough for your career?

My first job as a junior legal consultant with a corporate service provider in one of the thriving business hubs in Dubai was a career breakthrough for me. Sometimes, all you need is one chance. At this point, and even now, learning and improving my skills is a top priority for me. Curiosity has led me to so many unknown paths and in all honesty, all my mentors who helped me get this far has always asked me to never stop asking questions. Having the courage to speak your mind, and asking questions, like they say there are no stupid questions. Employers hire you for Fresh pair of eyes, Young hires are expected to have the courage to take initiative and have the imaginative ideas.

• In your opinion, how important international relations and foreign policy of every country becomes?

International relations and foreign policies are pivotal to the achieve the objective of a flourishing global business environment as well as disputes that may arise while doing such businesses. In the UAE, foreign relations are greatly welcomed and fostered through the increasing bilateral treaties and the foreign investments into the UAE from across the globe. The most recent treaty between the UAE and India has been the UAE India Comprehensive Economic Partnership Agreement. This has increased market access, greater access for UAE exports by the reduction of tariffs to name a few. Recently, UAE and India has also signed a MOU for promoting local currencies in cross-border trade. These are all advantages of an effective international relations between two thriving economies.

• What kind of role do they play when arbitrating commercially?

The UAE Courts are very conducive to the principles entailed under the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) and the UAE Arbitration Law is largely based on UNCITRAL Model of Arbitration Law. Due to the adoption of the international principles of law and incorporating it in the legislative framework of the UAE, parties have started to opt for arbitration not for specific matters such as real estate in the UAE but matters in many other sectors.

• What will be your advice to aspiring lawyers wanting to get into or start in the corporate and commercial side of the law?

My advice would be to do as many internships as possible in the corporate sector, initially when you start off, you can always learn other life skills such as marketing, branding, communication, collaboration. While law school hones one’s knowledge about the subject of law, real time experiences in the corporate sector would prepare you to face the challenges of the corporate world. From my experience, if you can communicate effectively, you are already succeeding in your career. My corporate mantra would be communication and collaboration.

• What will be your advice for Indian lawyers wanting to work in UAE? 

Like I mentioned, a good number of internships where you have undertaken research projects as well as drafting of commercial contracts would give you an edge in the job sector in the UAE. If you have at least one international experience, whether a certificate, degree or internship, it is even better during the job application process. Continue networking and streamline your applications. Do not overcommit and be honest about your skills and what your vision are. Since UAE is a growing economy and every day is presented with a lot of new challenges, it becomes important to be equipped with real life skills to tackle them.

• Does an Indian law degree suffice for the same, or any extra degree is needed?

Indian law degree is sufficient for legal advisory roles in the UAE. After a couple of years of practice in the UAE, one may get registered with the legal affairs department and obtain a legal consultant id. However, foreign lawyers cannot go to the UAE Courts. So, if you are looking to practice litigation, UAE may not be the best option for you.

• What kind of co-curricular activities are vital for law students to not miss during graduation?

Actively engaging in moot courts, paper presentations and other extracurricular activities are important to develop personal skills. Explore and find out what interests you the most.

• If not for the law, what did you see yourself pursuing?

If not for law, I saw myself as an author or a life coach, enhancing the quality of small communities. This is one of my dreams and I believe dreams should not remain dreams. If your belief system is strong, nothing can stop you from pursuing your dreams. Dream so big that it scares you a little every now and then.

The post In Conversation with Pooja Unnikrishnan, Corporate Lawyer, Dubai appeared first on Legal Desire Media and Insights.

1) What made you leave your corporate job and start with content creation?

I initially left my corporate job because I had a baby and also wanted to join my husband who is an Army Officer in his postings. Moving with him meant, not having a corporate job owing to the small stations that they get posted to. Also the pandemic happened around the same time.. so I wanted to create something for myself that allowed me to move with him in his postings, still be in the legal business and spend enough time with my baby. 

So I started creating content around two years ago. In my years of practice and work as a lawyer, I saw that women, however educated and independent, were not aware of their basic rights and laws of the country. There was a need to bridge that gap and also create interest and awareness. The Law of the country is for the protection of its citizens rights and liberties. So I felt the need to make law accessible to all in an easy to understand format. No sections No clauses No Jargon is the motto behind my page Yourinstalawyer. 

2) What is your primary goal with this platform?

To impact people and talk about issues not usually spoken about. Help then understand their basic rights and  navigate their daily lives armed with knowledge , aware and capable of handling any situation that comes their way. And also help myself gain new experiences and grow. 

3) How did you start this account?

After a lot of self doubt , I literally opened my camera and recorded a video and posted it as my first reel. No script no editing, I had no clue how things work . It was around that time the infamous love jihad laws were trending so I made a video on that topic. 

4) What were the challenges you faced?

The biggest challenge was initially to convince my self that I could do it . Content creation was definitely never any lawyers goal many years back . Although it seems to be quite popular with lawyers now.  Another challenge was to manoeuvre and gain recognition in a platform or a career which primarily has a very young audience and much younger co creators  . 

5) As a mother and a wife, how do you manage it all?

I stopped complaining , because it only caused me more trouble and stress complaining . So I know these are my specific responsibilities, those things need to happen in a day. So I really work around it . Being a freelancer also gives you the freedom to not adhere to specific timings for work. Having a hands on husband helps  

6) Tell us about your experience at the big 4?

I owe a lot to my tenure at PwC . Consulting gives you really great insight into industries which we lawyers lack at a very junior level . In consulting  you are exposed to it right from the start. Also the exposure to different sectors of the industry and interactions with high value companies and clients was a huge learning curve for me. 

7) What is your life mantra?

It is never too late to try something new . 

8) Lastly, what advise would you like to give to younger generation?

I think the younger generation are smarter, technologically savvy and know what they want and even have the tools to get what they want . 

But in our industry, experience counts and AI or any other technology cannot replace it. So spend that time  and effort and hard work for getting on ground and first hand experience of the work you do. Value the expertise and experience your seniors have to share. 

Tanya believes that knowledge is a powerful tool to excel in life and her aim is to empower everyone by one simple, short and easy to understand video at a time.

The post In Conversation with Tanya Appachu a.k.a Yourinstalawyer: Content Creator on Instagram appeared first on Legal Desire Media and Insights.

In the rapidly evolving digital era, data has become one of the most valuable commodities. From personal information to business strategies, vast amounts of data are being generated, stored, and analyzed every day. However, with the increasing prevalence of data breaches and privacy concerns, protecting the privacy and security of this data has become a paramount concern. This article explores the legal considerations surrounding data privacy and security in the digital era.

1. General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) has emerged as one of the most influential data privacy laws globally. Implemented by the European Union (EU) in 2018, the GDPR sets strict guidelines for organizations that process personal data of EU residents. It grants individuals greater control over their personal information and imposes hefty fines for non-compliance.

Under the GDPR, organizations are required to obtain clear and informed consent before collecting personal data, and they must ensure transparency in how the data is used. Additionally, the GDPR mandates the implementation of appropriate security measures to protect personal data from unauthorized access, loss, or disclosure.

2. California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) is a comprehensive privacy law enacted in the state of California, United States. The CCPA aims to enhance privacy rights and consumer protection for residents of California. It grants individuals the right to know what personal information is being collected, sold, or disclosed by businesses. It also gives them the right to request deletion of their personal information and opt-out of the sale of their data.

The CCPA applies to businesses that meet specific criteria, such as annual gross revenue exceeding a certain threshold or handling a significant amount of personal data. Non-compliance with the CCPA can result in substantial penalties, highlighting the significance of data privacy obligations in the digital landscape.

3. Data Breach Notification Laws

Data breaches have become a prevalent concern, with cybercriminals constantly seeking vulnerabilities to exploit. Many jurisdictions have implemented data breach notification laws, which require organizations to promptly notify affected individuals and relevant authorities in the event of a data breach.

These laws aim to ensure transparency and allow individuals to take necessary actions to protect themselves from potential harm. Notification requirements may vary across jurisdictions, but they commonly involve informing individuals about the nature of the breach, the data involved, and steps they can take to mitigate risks.

4. International Data Transfers

In today’s interconnected world, cross-border data transfers have become routine. However, different legal frameworks and approaches to data protection can complicate international data transfers. Inadequate safeguards can result in the exposure of personal data to countries with lower data protection standards.

The EU’s GDPR imposes restrictions on the transfer of personal data outside the European Economic Area (EEA) to countries without an adequate level of data protection. Organizations are required to implement appropriate safeguards, such as standard contractual clauses or binding corporate rules, to ensure an adequate level of protection for personal data.

5. Emerging Technologies and Privacy Concerns

The digital era has witnessed the rise of transformative technologies such as artificial intelligence (AI), machine learning, and the Internet of Things (IoT). While these technologies bring numerous benefits, they also raise significant privacy concerns.

AI and machine learning, for instance, rely on large datasets for training algorithms. Ensuring that these datasets are collected and used in compliance with privacy regulations is crucial. Similarly, the proliferation of IoT devices collecting vast amounts of personal data poses challenges in terms of security and data protection.

Conclusion

As the digital landscape continues to evolve, data privacy and security have become crucial considerations for individuals and organizations alike. Legal frameworks, such as the GDPR and CCPA, play a vital role in safeguarding personal information and regulating data practices.

The post Data Privacy and Security in the Digital Era: Legal Considerations appeared first on Legal Desire Media and Insights.