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Sectoral Regulators

SEBI AND DATA GOVERNANCE: EXAMINING JURISDICTIONAL OVERLAPS UNDER INDIA’S DIGITAL PERSONAL DATA PROTECTION FRAMEWORK

SEBI AND DATA GOVERNANCE: EXAMINING JURISDICTIONAL OVERLAPS UNDER INDIA’S DIGITAL PERSONAL DATA PROTECTION FRAMEWORK Rethiga Ramesh, Student, LLM in Business Law, Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Tamil Nadu, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.94 The role of financial market authorities has changed due to the growing datafication of securities market. The securities exchange board of India (SEBI) in India now heavily depends on the mandatory know your customer (KYC) regulations, centralized registries, transaction level surveillance, algorithmic trading oversights, and digital grievance redressal system, all of which entail the large-scale collection, processing, sharing, and retention of transactional and personal data. While these practices are justified in the interests of market integrity and investor protection, they raise significant legal questions in the context of the DPDPA, which establishes a comprehensive framework for personal data protection grounded in consent, purpose limitation, data minimization, the accountability. This article addresses whether SEBI’s data intensive regulatory framework effectively positions it as a de facto data regulator, given the absence of any explicit legislation stating the same. In addition to the DPDPA and the constitutional privacy jurisprudence under justice case K.S.Puttaswamy vs union of India, this article examines SEBI rules, circulars, and surveillance in systems using a doctrinal and analytical methodology. It illustrates how SEBI has functional authority over the data life cycle insecurities markets, leading to jurisdiction overlap and conflicts between data protection law and security regulation. This article makes the case that the DPDPA assumes regulatory coexistence without offering clear institutional hierarchy or conflict resolution procedures, therefore failing to effectively handle the function of sectoral regulators. This regulatory silence risks diluting investor privacy protection, increasing compliance uncertainty for intermediaries, and undermining constitutional requirements of proportionality and democratic accountability. This article suggests a harmonized regulatory structure that acknowledges SEBI functional data governance role while incorporating strong data privacy protections, drawing on limited comparative observations from the US and the UK. It concludes that an order to meet in both market integrity and constitutional legitimacy in India’s data driven financial ecosystem, it is imperative to explain the interaction between securities regulation and data privacy laws.

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Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India

PARALLEL PATHS: ANALYSING THE OVERLAPPING JURISDICTION OF CCI AND SECTORAL REGULATORS IN INDIA Shivani Baskar, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune. Vranda Rellan, Student at Symbiosis Law School, Hyderabad, Symbiosis International (Deemed) University, Pune. Download Manuscript ABSTRACT In India, the coexistence of competition regulation through the Competition Commission of India (CCI) and sector-specific regulation by various sectoral regulators has given rise to a complex regulatory landscape. This abstract provides a glimpse into the challenges and dynamics of the overlapping jurisdiction between CCI and sectoral regulators, focusing on its impact on competition enforcement and regulatory coherence. The Indian regulatory framework is characterized by the presence of independent sectoral regulators for diverse industries such as telecom, energy, and financial services, each with its own set of laws and regulations. In parallel, the CCI was established to promote and maintain competition in the market, ensuring a level playing field and preventing anti-competitive practices. This dual regulatory structure sometimes leads to conflicts and overlaps in jurisdiction, creating uncertainty for businesses and stakeholders. This study delves into the key issues arising from the coexistence of CCI and sectoral regulators. It explores cases where disputes have arisen, leading to legal battles and questions regarding the boundaries of their authority. Moreover, it investigates the potential consequences of these conflicts on market competition, innovation, and consumer welfare. The research also examines the regulatory gaps that may emerge due to this duality, as well as the challenges in achieving regulatory consistency and coherence. It highlights the need for a harmonized approach to competition enforcement and sector-specific regulation to strike a balance between promoting competition and achieving sectoral policy objectives. The coexistence of CCI and sectoral regulators in India presents a multifaceted regulatory landscape with inherent challenges. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 113- 135. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Parallel Paths: Analysing The Overlapping Jurisdiction Of Cci And Sectoral Regulators In India CONTEMPORARY CONSTITUTIONAL CHALLENGES IN INDIA : AN ANALYSIS OF KEY ISSUES ADMINISTRATION OF A NON-GOVERNMENTAL ORGANISATION ENVIRONMENTAL LAWS IN INDIA: A COMPREHENSIVE ANALYSIS​ UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION TOWARDS INCLUSIVITY: EXPLORING THE ADDITION OF SAME-SEX MARRIAGE TO THE SPECIAL MARRIAGES ACT

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