What types of contracts does AMLEGALS handle?

AMLEGALS provides comprehensive contract advisory across 43+ contract types including Technology contracts (SaaS, AI/ML, Cloud Services), Data Privacy agreements (DPAs, DPDPA compliance), Commercial contracts (MSAs, Supply, Distribution), IP & Licensing, Employment agreements, and International Trade contracts.

What is the TCL Framework for contracts?

The TCL Framework is AMLEGALS proprietary approach that examines every contract through three lenses: Technical (understanding the operational realities), Commercial (aligning business objectives), and Legal (ensuring compliance and risk mitigation). This integrated approach ensures contracts that work in practice, not just on paper.

Does AMLEGALS handle DPDPA-compliant contracts?

Yes, AMLEGALS specializes in DPDPA-compliant contracts including Data Processing Agreements, Cross-Border Transfer Mechanisms, Data Sharing Agreements, and Consent Management frameworks. Our Vibe Data Privacy™ framework ensures comprehensive compliance with the Digital Personal Data Protection Act, 2023.

Can AMLEGALS help with AI and technology contracts?

Yes, AMLEGALS has dedicated expertise in AI/ML Contracts, AI Governance agreements, AI Training Data Licensing, SaaS Agreements, Cloud Services agreements, and System Integration contracts. We address emerging issues like algorithmic accountability, model ownership, and AI liability allocation.

How do DoT retention requirements interact with DPDPA?

DoT license conditions require CDR retention (typically 2 years) for government access and dispute resolution purposes. This creates a legal obligation justifying retention under DPDPA's legitimate purpose framework. However: (1) Retention beyond mandated periods requires separate DPDPA justification; (2) Access to retained data should be limited to mandated purposes—general analytics or marketing use of retained CDRs needs separate consent; (3) Security requirements of both frameworks apply—DoT specifies certain controls, DPDPA requires appropriate safeguards; (4) Deletion after retention period should be implemented unless other DPDPA-compliant purposes justify continued retention. The frameworks layer—DoT mandates minimum retention, DPDPA constrains use and requires security.

What consent is needed for location data use?

Location data requires specific consent beyond general service terms: (1) Network optimization—using location for capacity planning may be legitimate operational interest, but should be disclosed; (2) Location-based services—explicit opt-in consent for LBS products; (3) Third-party sharing—consent specifically naming categories of recipients and purposes; (4) Analytics/advertising—explicit consent for using location patterns for profiling or targeted advertising; (5) Emergency services—location sharing for emergency response may have statutory basis. Location data reveals sensitive patterns (home address, workplace, religious sites visited, medical facilities)—it deserves enhanced protection. Consider implementing granular location consent controls allowing customers to authorize specific uses.

How should VAS provider contracts address customer data?

VAS provider agreements require: (1) Customer consent confirmation—VAS provider can access customer data only where customer has consented to VAS and associated data sharing; (2) Purpose limitation—VAS provider uses data only for delivering that specific service; (3) Prohibition on data selling/sharing—VAS provider cannot monetize customer data beyond contracted service; (4) Security requirements—appropriate safeguards for customer data; (5) Audit rights—operator ability to verify VAS provider compliance; (6) Data return/deletion—VAS provider deletes customer data when service relationship ends; (7) Breach notification—VAS provider promptly notifies operator of breaches. Customer-facing terms should clearly explain what data is shared with which VAS providers—DPDPA requires transparency about third-party recipients.

What about lawful interception and privacy?

Lawful interception is a legal obligation under IT Act and license conditions. Operators must: (1) Implement technical capabilities—lawful interception infrastructure meeting DoT specifications; (2) Follow proper procedures—respond only to requests from authorized officers following prescribed processes; (3) Maintain confidentiality—interception requests and actions are confidential; (4) Document compliance—maintain records of requests received and responses for audit; (5) Protect general privacy—interception capability doesn't mean general data access; customer data outside specific interception orders remains protected. DPDPA doesn't override lawful interception—government access under law is recognized. But interception frameworks should be tightly controlled, properly documented, and not used to justify broader data access than legally mandated.

Telecommunications Data Privacy Contracts | Telecom Data Protection

Overview

Telecommunications operators handle some of the most sensitive personal data—call records revealing communication patterns, location data tracking movement, internet usage exposing interests and activities. The Digital Personal Data Protection Act, 2023 applies fully to this data, layered over telecom-specific regulations that have long governed data handling in this sector.

Telecom data protection requires navigating multiple regulatory frameworks. DPDPA provides the general protection layer. DoT license conditions impose specific data handling requirements. Lawful interception regulations create government access obligations. TRAI regulations govern certain customer data practices. Each framework must be satisfied simultaneously.

The telecom ecosystem involves complex data flows—between operators for interconnection, with infrastructure providers, equipment vendors, VAS providers, and increasingly with digital service partners. Each relationship creates data protection obligations requiring contractual treatment.

Key Considerations

1

Call Data Records

DPDPA and telecom regulatory requirements for CDR handling, retention, access controls, and permitted uses beyond direct service delivery.

2

Location Data

Enhanced protections for location information that reveals movement patterns, with strict purpose limitation and consent requirements.

3

Lawful Interception

Contractual and technical frameworks for government access while protecting general customer privacy and documenting compliance.

4

Network Analytics

Agreements for network optimization, capacity planning, and analytics that may process traffic data with personal identifiers.

5

Value-Added Services

Contracts with VAS providers addressing customer data access, consent requirements, and revenue sharing.

6

IoT and Enterprise Services

Data protection for enterprise connectivity, M2M services, and IoT platforms that may process personal data.

Applying the TCL Framework

Technical

CDR storage and access control systems
Location data handling and anonymization capabilities
Lawful interception infrastructure compliance
Network monitoring data classification
API security for partner data access

Commercial

Data processing costs in infrastructure contracts
VAS revenue sharing with data access implications
Enterprise service pricing with data protection
Analytics service licensing and data rights
Partner data sharing fee structures

Legal

DPDPA compliance for telecom personal data
DoT license condition adherence
Lawful interception documentation requirements
TRAI regulation compliance for customer data
Interconnection agreement data provisions

“

"Telecom operators know more about their customers than almost any other business—who they call, where they go, what they browse. This data exists for network operations. DPDPA doesn't change that. What it changes is the assumption that this data can be freely monetized, shared, and retained indefinitely. Operators must earn the right to use customer data beyond service delivery."

AM

Anandaday Misshra

Founder & Managing Partner

Common Pitfalls

Retention Confusion

Conflating DoT retention mandates with DPDPA minimization—both must be satisfied, and retention beyond DoT requirements needs DPDPA justification.

VAS Data Sharing

Sharing customer data with value-added service providers without explicit customer consent for those specific uses and recipients.

Analytics Assumptions

Using traffic data for network analytics without adequate anonymization or consent when data remains personally identifiable.

Vendor Access

Providing infrastructure and equipment vendors access to live data without appropriate data processing agreements.

Enterprise Service Gaps

Not addressing enterprise customer employee data when providing connectivity services that capture usage information.

Telecommunications Data Regulatory Framework

DPDPA 2023 applies to telecom operators as data fiduciaries processing subscriber personal data. DoT license conditions specify retention periods (typically 2 years for CDRs), security requirements, and government access obligations. IT (Procedure and Safeguards for Interception of Information) Rules govern lawful interception processes. TRAI regulations address spam control, DND, customer data portability, and certain disclosure requirements. Telegraph Act and Rules provide the foundational framework. Sector has operated under data protection principles embedded in license conditions before DPDPA—but DPDPA adds consent requirements, data principal rights, and breach notification that go beyond prior regulation. Convergence with digital services (OTT, digital content) creates additional complexity as different regulatory frameworks may apply to bundled offerings.

Practical Guidance

Map all personal data processing—CDRs, location data, internet usage, customer records—and document legal basis for each.
Implement DPDPA consent for uses beyond direct service delivery—analytics, marketing, partner sharing require explicit consent.
Structure lawful interception compliance carefully—document requests, responses, and safeguards while protecting customer privacy generally.
Review VAS arrangements—ensure customer consent covers data sharing with value-added service providers.
Address vendor access—infrastructure partners with data access need appropriate DPDPA-compliant processing agreements.
Build data principal rights handling—telecom subscribers may request access, correction, and deletion of their personal data.

Frequently Asked Questions

Related Contract Types

Cloud Services Agreements

Technology & Digital

Infrastructure and platform agreements addressing availability, security, and data residency

API & Platform Agreements