Trade Talks at a Crossroads: An Assessment of India–US Positions on Services and Digital Markets

Description: This report is based on collaborative research by four leading Indian policy and research institutions, and builds on discussions from a multistakeholder workshop in June 2025, which included diverse stakeholders from relevant sectors and professional backgrounds. It aims to contribute to a more informed and constructive understanding of how India and the US can approach digital and services trade in a manner that is both commercially meaningful and mutually respectful of each other’s policy imperatives

Attribution: Dhruv Shekhar, Srishti Joshi, Meghna Bal, Sanjay Notani, Shishir Priyadarshi. Trade Talks at a Crossroads: An Assessment of India–US Positions on Services and Digital Markets, August 2024, Esya Centre, Koan Advisory Group, Economic Laws Practice and Chintan Research Foundation

Sideloading: A National Security Threat

Description: Competition authorities, in India and across the globe, are increasingly proscribing sideloading. Sideloading entails downloading an application from outside the perimeter of a first-party app store, such as, the Apple AppStore or the Google Play Store.

In India, the Ministry of Corporate Affairs introduced the Draft Digital Competition Bill (DDCB) 2024. The DDCB introduces ex-ante obligations for large digital entities classified as “Systemically Significant Digital Enterprises” in the name of enhancing fairness and contestability. Section 13(a) of the Bill prohibits these entities from restricting or impeding the ability of users to download third-party applications or software. This means that even the warning shown to Android users about the risks of sideloading would not be permitted under this provision.

This report evaluates the security implications of enabling sideloading in the interest of promoting digital competition.

Attribution: Karnal Singh, Meghna Bal and Mohit Chawdhry. Sideloading: A National Security Threat. Issue No. 52, 2025, Esya Centre.

Dark Patterns in Indian Retail: An Empirical Examination

Description: This report explores the increasing use of dark patterns in India’s retail sector. India’s retail sector is a cornerstone of its economic growth, contributing Rs 20.18 lakh crore in Goods and Services Tax (GST) collections in FY 2024 and ranking among the top five start-up segments in the country. However, this sector is facing rising scrutiny for employing manipulative design tactics that undermine user autonomy.

This report finds that dark patterns are prevalent across both online and offline retail environments, though they are more readily identifiable in digital contexts. It critiques the disproportionate regulatory focus on e-commerce, noting that many of the flagged practices resemble long-standing marketing strategies. In this context, an ex-ante regulatory framework may not be appropriate for dark pattern regulation. 

The report recommends a reliance on a principles-based approach that emphasizes transparency and willful consent to safeguard consumer interest while mitigating the risk of harming innovation.

Attribution: Meghna Bal, Dr Vikash Gautam, and Tamanna Sharma. Dark Patterns in Indian Retail: An Empirical Examination, Issue No. 51, 2025, Esya Centre.

Assessing the Impact of the Draft Digital Competition Bill , 2024 on the Indian Economy

Description: This report analyses the economic impact of ex-ante competition regulation on digital markets in India. While digital markets share similarities with traditional markets, they possess distinct characteristics that have attracted the attention of antitrust regulators. Drawing on empirical research, the report assesses how a shift from ex-post to ex-ante regulation affects economic welfare indicators such as producer and consumer surplus, productivity, investment, and employment.

Attribution: Dr Vikash Gautam and Meghna Bal. Assessing the Impact of the Draft Digital Competition Bill, 2024 on the Indian Economy. 2025, Esya Centre.

Rethinking Data and Competition : A Critical Assessment of the Data-Driven Market Tipping Theory

Description: This paper focuses on data-driven network effects as a purported driver of tipping—namely, the theory that both direct and indirect network effects, fuelled by data accumulation, reduce the cost of innovation for first movers and enable them to entrench their market positions and monopolize digital ecosystems. It argues that while this theory is intuitively appealing, it rests on a narrow and increasingly outdated understanding of how data functions in digital markets. Its continued dominance in policy discourse risks misdiagnosing the sources of market power and incentivizing regulatory overreach. Instead, competition law frameworks must adopt a more nuanced, evidence-based approach—one that accounts for the fluidity, heterogeneity, and strategic deployment of data, rather than treating it as a static source of monopolistic power. By doing so, regulators can better distinguish between genuinely exclusionary conduct and competitive, innovation-driven behaviour in the digital economy.

Attribution: Meghna Bal, Shweta Venkatesan and Mohit Chawdhry, Rethinking Data and Competition: A Critical Assessment of The Data-Driven Market Tipping Theory, May 2025, Esya Centre

Comments on ISO/IEC CD 24970 Artificial Intelligence - AI System Logging

Description: We commend ISO/IEC JTC 1/SC 42 for providing guidance related to AI system logging requirements, in furtherance of standards related to AI management systems under ISO/IEC42001:2023. The Esya Centre is pleased to have provided its inputs on the draft standard. While the draft standard's requirements related to AI logging requirements are well-intentioned, if implemented in its current form, it may impose onerous compliance burdens on small and medium-sized enterprises (SMEs). We accordingly recommend changes to certain clauses within the draft standard, to mitigate such an outcome.

Our response is divided into two parts: Part A offers an introduction and summary, while Part B provides a detailed analysis of specific Clauses within the draft standard.

Attribution: : "Comments on ISO/IEC CD 24970 Artificial Intelligence - AI system logging", Issue No. 118, April 2025, Esya Centre.

Comments on ISO/IEC DTS 6254 Artificial Intelligence - Objectives and Approaches for Explainability and Interpretability of Machine Learning (ML) Models and Artificial Intelligence (AI) systems

Description: Recently, the International Organization for Standardization released Draft Technical Specification for Information technology - Artificial intelligence - Objectives and approaches for explainability and interpretability of machine learning (ML) models and artificial intelligence (AI) systems. We commend ISO for developing a technically robust framework in ISO/IECDTS6254:2025 to advance explainability in ML systems. However, we caution that if formalized as a binding standard without revision, this document will impose disproportionate compliance burdens on micro, small, and medium-sized enterprises (MSMEs).

Attribution: : "Comments on ISO/IEC DTS 6254 — Artificial intelligence - Objectives and Approaches for Explainability and Interpretability of Machine Learning (ML) Models and Artificial Intelligence (AI) systems", Issue No. 119, April 2025. Esya Centre.

Multi-Homing in AI: An Empirical Evaluation of How Indian Businesses Use AI Models

Description: This report debunks claims regarding market concentration around a few so-called “frontier” AI foundation models in the Indian context. It contains key insights from a survey of 50 Indian companies regarding their AI usage patterns and preferences conducted in January 2025. It finds that a majority of the Indian AI businesses surveyed use multiple models (i.e. multi-home) across different AI models. These findings indicate that for the moment, there are limited concentration concerns in the market for foundation models. In such a scenario, antitrust analyses of these models and markets may be premature.

Attribution: Meghna Bal and Shweta Venkatesan. Multi-Homing in AI: An Empirical Evaluation of How Indian Businesses Use AI Models. Working Paper Issue No. 215, March 2025, Esya Centre.

Response to the Draft Digital Personal Data Protection Rules 2025

Description: On January 3, 2025, the Ministry of Electronics and IT (MeitY) issued the Draft Digital Personal Data Protection Rules, 2025 (“DPDP Rules”). The DPDP Rules will play a key role in operationalising the framework under the Digital Personal Data Protection Act, 2023 (“DPDPA”), since they make up the substance of the Act. The Esya Centre is pleased to be afforded an opportunity to provide its inputs on these rules .

Our response is divided into two parts: Part A offers an introduction and summary, while Part B provides a detailed analysis of specific rules.

Attribution: Mohit Chawdhry and Shweta Venkatesan. "Response to the Draft Digital Personal Data Protection Rules 2025". Issue No. 117, March 2025, Esya Centre.

Response to the Report on AI Governance Guidelines Development

Description: In November 2023, the Ministry of Electronics and IT (“MeitY”) constituted a Subcommittee to provide actionable recommendations for AI governance in India. Earlier this month, the Subcommittee released a report on AI Governance Guidelines Development (“Report”) for public consultation. The Esya Centre is pleased to be afforded an opportunity to provide its inputs on this Report.

Our response is divided into two parts. Part I provides a preliminary overview of our response, with Part II delving deeper into specific aspects of the Subcommittee Report.

Attribution: Meghna Bal and Shweta Venkatesan. "Response to the Report on AI Governance Guidelines". Issue No. 116, February 2025, Esya Centre.

Response to the Public Consultation on the Draft Indian Standard on E- Commerce Principles and Guidelines for Self- Governance

Description: The Bureau of Indian Standards (“BIS”) published Draft Indian Standard SSD/11/26940 (“Draft Standard”) for public consultation in January 2025. The Esya Centre is pleased to be afforded an opportunity to respond to the draft regulations. Our response is divided into two parts.

Part I provides a preliminary overview of our response, with Part II delving deeper into specific aspects of the standards.

Attribution: Mohit Chawdhry. Response to the Public Consultation on the Draft Indian Standard on E-Commerce Principles and Guidelines for Self-Governance . Issue No. 115, February 2025, Esya Centre.

Web 3.0 Gaming in Crypto and Fiat Arcade: A Token-based Market Assessment

Description: This report addresses important gaps in the understanding of W3G by examining its market characteristics, relationships with other financial instruments, and investment appeal. It analyses key aspects such as the factors driving user adoption of W3G – including play-to-earn (P2E) models, social engagement, and gaming environment interoperability – as well as the diverse monetisation strategies underpinning the W3G ecosystem. The report also evaluates the risk-return dynamics of W3G tokens in comparison to cryptoassets and fiat currencies.

Attribution: Dr. Vikash Gautam. Web 3.0 Gaming in Crypto and Fiat Arcade: A Token-based Market Assessment. Issue No. 049, February 2025, Esya Centre.

A Survey of Indian AI Start-ups in Agriculture: Opportunities, Challenges, and Recommendations for the Way Forward

Description: With agriculture supporting over 70% of rural households in India, AI-based agritech solutions have the potential to transform the sector by enhancing productivity, optimizing resources, and mitigating climate challenges. In this report, Meghna Bal, Mohit Chawdhry, and Akanksha Dutta explore how Indian AI agritech start-ups are pioneering solutions across the agricultural value chain, from soil health monitoring to livestock management and weather prediction.  The report provides insights from our survey of start-ups: AI-Genix International Pvt. Ltd, Areete.AI, Krisiyukta, and Digicrop Agriculture Solutions,  which are at the forefront of providing AI-driven agritech solutions.

Attribution: Meghna Bal, Mohit Chawdhry, and Akanksha Dutta. A Survey of Indian AI Start-ups in Agriculture: Opportunities, Challenges, and Recommendations for the Way Forward. Issue No. 048, January 2025, Esya Centre.

The Impact of India’s VDA Tax Policy: An Update

Description: This issue brief presents an updated analysis of India’s regulatory and tax policies for Virtual Digital Assets (VDAs), expanding on the Esya Centre report, ‘Taxes and Takedowns: An Assessment of India’s Key Policy Tools for Virtual Digital Asset Markets’ (Gautam and Sharma 2024).

Attribution: Esya Centre. The Impact of India’s VDA Tax Policy: An Update. Special Issue, No. 214. December 2024.

Platform Accountability and the Diffusion of Harm Online

Description: Countries around the world are grappling with ways to move forward on platform accountability, as threats to online safety increase. Platform accountability is a longstanding refrain in internet governance. It emerged as a response to the safe harbours afforded to digital platforms. Over the last decade or so, the focus of efforts directed towards ushering in greater platform accountability has seemingly honed in on larger platforms. This paper unbundles the diffusion of online harm, and its many forms, and argues that we must widen our gaze beyond large technology platforms and deploy strategies for a more holistic reduction of online harm.

Attribution: Meghna Bal and Shweta Venkatesan. Platform Accountability and the Diffusion of Harm Online. Working Paper November 2024, Issue No. 213, Esya Centre.

US Presidential Election 2024: Potential Implications for Technology Policy

Description: Technology policy is a hot issue in the 2024 US Presidential election. Indeed, both Donald Trump, the Republican candidate, and Kamala Harris, the Democratic contender, have taken positions, either directly or indirectly on different issues such as crypto-governance and social media regulation. . This paper unpacks the positions of the two presidential candidates on crypto-governance, social media regulation, governance of foreign-owned applications, and digital antitrust. Additionally, it also explores how the potential electoral outcomes in the US may intersect with technology policy in India.

Attribution: Akanksha Dutta and Chhavi Pathak. US Presidential Election 2024: Potential Implications for Technology Policy. November 2024, Esya Centre.

Drafting Standards for AI Systems: Critiques of International Approaches and Recommendations for India

Description: This report offers a detailed analysis of global AI governance standards, particularly the AI Risk Management Framework (AI RMF) by NIST and ISO 42001:2023. It critiques these international frameworks for being overly generalized, focusing on their "one-framework-fits-all" approach, which may not adequately address the diverse applications and contexts of AI technologies. The report advocates for a tailored approach to AI governance in India, moving away from broad frameworks to more specific, context-driven standards.

Attribution: Meghna Bal. Drafting Standards for AI Systems: Critiques of International Approaches and Recommendations for India. October 2024, Esya Centre.

Crafting a Liability Regime for AI Systems in India

Description: As AI systems become more pervasive, the question of liability for AI-related harms becomes increasingly critical. This paper attempts to address the questions surrounding the creation of liability rules around AI technologies. Specifically, it tries to tackle the debate on whether AI systems merit the blanket application of strict liability rules or a more contextualized and targeted framework.

Attribution: Meghna Bal and N S Nappinai. Crafting a Liability Regime for AI Systems in India. September 2024, Esya Centre and Cyber Saathi Foundation.

Towards a Stablecoin Regulatory Framework in India

Description: Stablecoins are a distinct class of virtual digital assets (VDAs) backed by fiat currencies, commodities, or other assets. They aim to maintain a stable value, thereby distinguishing them from other VDAs. The increasing prominence of stablecoins, especially in developing economies like India, necessitates the development of a balanced regulatory framework to leverage their potential while addressing associated risks. In light of the current absence of stablecoin-specific regulations in India, this document proposes a four-step process for developing a comprehensive regulatory framework.

Attribution: Mohit Chawdhry. Towards a Stablecoin Regulatory Framework in India. August 2024, Esya Centre.

User Engagement in Traditional Financial, Crypto, and Stablecoin Markets in India

Description: In recent years, several surveys have been conducted to understand the demographic characteristics of crypto-asset users and their motivations for adoption. However, a holistic assessment of user investment portfolios that encompass the various instruments in the crypto space, alongside traditional financial instruments, is lacking. This report attempts to fill this gap by analysing user engagement with assets like gold, equity/stocks, bonds, mutual funds, and cryptoassets of various types (i.e. unbacked cryptoassets such as Bitcoin and Ethereum, nonfungible tokens or NFTs and stablecoins).

Attribution: Vikash Gautam. User Engagement in Traditional Financial, Crypto, and Stablecoin Markets in India. July 2024, Esya Centre.