ContractsEmploymentPOSHIPDPDPAArbitration
AMLEGALS / Market Entry / Operations Counsel
India Operations Counsel \u00b7 Day-2

From entry to operation. Without the second law firm.

The architecture that decides whether the India operation runs cleanly is not the entry file \u2014 it is the Day-2 file. Contracts, employment, IP, DPDPA and disputes. We are the outside counsel that owns all five, on a single rhythm, for the foreign parent.

A single outside counsel rhythm replaces three reactive firms.
\u20b9 250 cr
Per-failure penalty ceiling under DPDPA \u00b7 enforcement clock 13 May 2027
POSH
Internal Committee required at every workplace with 10 or more employees
A&C 1996
Arbitration & Conciliation Act with 2015 / 2019 / 2021 amendments
Capabilities

Six capabilities. One Day-2 counsel.

01

Commercial contract library

MSA · SOW · NDA

India-calibrated MSA, SOW, NDA, channel and customer templates with stamp duty, registration and arbitration pre-set.

02

Employment & POSH stack

IDA · 4 Codes · POSH

Contracts, handbooks, Internal Committee charter, labour-code mapping and Day-1 statutory registration architecture.

03

IP assignment & licensing

Copyright · Patents · TM

Written assignments, works-made-for-hire, moral rights waiver, contractor IP capture and trademark / patent portfolio plan.

04

Privacy operating system

DPDPA · DPDP Rules 2025

Privacy Notice, lawful basis matrix, consent flow, Consent Manager integration, breach SOP and DPIA register.

05

Dispute architecture

A&C Act · SRA · NY Conv.

Seat, institution, governing law, emergency arbitration, interim relief under Section 9 / 17 and award enforcement plan.

06

Outside counsel rhythm

CS · CFO · Audit

Monthly compliance calendar, board pack, audit defence, regulator coordination and a single counsel point for the foreign parent.

The Day-2 sequence

From contract library to compliance calendar.

01

Contract library

India-calibrated templates for every commercial line. Stamp duty, registration and arbitration pre-set in the master.

02

Employment stack

Standard contract, handbook, POSH charter, statutory registrations and labour-code mapping. The Day-1 People file closes.

03

IP capture

Present, written assignments in every employee and contractor agreement. Trademark / patent portfolio plan with timelines.

04

Privacy OS

DPDPA implementation: notice, lawful basis, consent flow, Consent Manager, breach SOP, retention register, DPIA where SDF.

05

Dispute architecture

Seat, institution, governing law and emergency arbitration in every contract. Interim relief and enforcement strategy on file.

06

Counsel rhythm

Monthly compliance calendar, board pack, audit defence and a single counsel point for the foreign parent. Operate, do not react.

The statutes that frame Day-2
Each is a constraint we operate inside.
DPDPA
DPDP Act 2023 \u00b7 DPDP Rules 2025
\u20b9 250 crore ceiling; substantive enforcement 13 May 2027; Consent Manager, breach 72 h.
MeitY
POSH
Sexual Harassment Act, 2013
Internal Committee at every site with 10+ employees, annual return.
MoWCD
A&C
Arbitration & Conciliation Act, 1996
Seat, institution, emergency arbitration and award enforcement.
MoLJ
ICA
Indian Contract Act, 1872 \u00b7 SRA 2018
Specific performance as a rule \u2014 contract drafting calibrated accordingly.
MoLJ
Answers

The five questions that decide Day-2.

01What does a Day-2 commercial contract architecture look like for India?

Day-2 is everything that operates after the entity is live: MSAs, SOWs, NDAs, customer agreements, vendor contracts, channel and reseller agreements. We build the templates calibrated to Indian law (Indian Contract Act, 1872, Specific Relief Act, 1963 as amended in 2018, ICC and Centres of Arbitration Act, 1996) and to your industry — with stamp duty, registration and witness requirements pre-set, and a clear escalation and arbitration clause. The library replaces the one-off drafting that drains the in-house team.

02What is the employment compliance stack we must operationalise on Day-2?

The stack runs across the Industrial Disputes Act, the Payment of Wages Act, the Minimum Wages Act, the EPF Act, the ESI Act, the Maternity Benefit Act and — once notified — the four Labour Codes (Wages, IR, OSH, Social Security). Layered on top is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which requires an Internal Committee at every workplace with 10 or more employees and a defensible policy / training / annual return. We design the contracts, the policies and the Internal Committee charter together.

03Are IP assignments from contractors and employees automatic in India?

No. India follows a documented-assignment model. Under the Copyright Act, 1957 (Section 18 and 19) and the Patents Act, 1970 (Section 6 and 7), IP must be assigned in writing with specified rights, territory and consideration. Employment contracts must contain a present, written assignment of all foreground IP, with a clear works-made-for-hire and moral-rights waiver. Contractor SOWs need the same and require notarisation depending on value. The default rule does not protect the foreign owner — the contract does.

04What is the operating model for DPDPA compliance under the 2025 Rules?

The Digital Personal Data Protection Act, 2023 read with the DPDP Rules notified on 13 November 2025 imposes a graded set of obligations on every Data Fiduciary, with full enforcement of substantive obligations under Rules 3–6 effective 13 May 2027. The operating model includes Privacy Notice, lawful basis architecture, Consent Manager integration, breach notice within 72 hours to the Data Protection Board, retention deletion register and DPIA where Significant Data Fiduciary criteria are met. Penalty ceiling is ₹ 250 crore per failure under Schedule. The Day-2 system, not a policy on a webpage.

05Where should arbitration be seated for India contracts?

The seat decides curial law and the court of supervisory jurisdiction. Indian-seat arbitration is governed by the Arbitration and Conciliation Act, 1996 (as amended in 2015, 2019 and 2021). Foreign seat (Singapore, London, Hong Kong) is enforceable in India under Part II of the Act (New York Convention). The decision is a function of counterparty risk, asset location and likely interim relief. We design seat, institution (SIAC / LCIA / ICC / MCIA / DIAC), governing law and emergency arbitration access together — in the contract, not after the dispute.

Engage AMLEGALS

Make Day-2 one rhythm. Not five reactive files.

Contracts, employment, IP, DPDPA and disputes are one operating system. We run it for the foreign parent.