Inside the making of India's DPDP Act ft. Amit Anand

In this episode of "The Counsel's Code," we are joined by Amit Anand, a global legal leader with deep expertise in privacy and public policy. He shares his journey from "accidental lawyer" to strategic business enabler, offering insights into his contributions to India's DPDP Act, the evolution of in-house counsel, and the critical role of AI in law.

Meet the Speaker: Amit Anand

We are thrilled to feature Amit Anand, the India Lead Legal Counsel and Vice President Legal at Commonwealth Bank Australia. With over 16 years of experience, Amit has a proven track record of managing diverse, multi-jurisdictional teams at global enterprises like Wells Fargo, Entity Data, and EY.

A certified privacy and corporate governance professional, Amit's expertise spans privacy and labor disputes. He has been a significant contributor to legislative and public policy development, working to shape India's digital landscape, including his notable contributions to the DPDP Act.

Key Insights from the Conversation

What inspired you to pursue a career in law?

Amit calls himself an "accidental lawyer." Originally a science student who was "terrified of physics," his path changed when his father gifted him a book on the Constitution. He found the book so relevant that it inspired him to take up law. "I felt like... I can be [an] agent of change," he recalls. "I think I would have been a bad engineer... I'm doing good as a lawyer."

Can you share your journey as a legal professional?

Amit "romanced with litigation" at the start of his career but is "married to a corporate role." His first in-house position was at Wells Fargo, which he joined when it was just 500 people in India. He grew with the company for eight years, helping it scale to 25,000 employees across India and the Philippines.

He then moved to Entity Data, shifting from the "buy side" to the "sell side" as a global contracts-focused lawyer. This, he says, is where "you realize the importance of having [a] win-win approach." He later took on a global employment portfolio at EY, managing teams across 10 countries, before landing his current role leading the India legal team for CBA.

How have you contributed to India's DPDP Act?

During the government's consultation process, Amit met with Justice Shri Krishna. He was concerned that the initial draft would subject Global Capability Centers (GCCs) to "dual compliance" by treating data processed in India the same, regardless of whether the data subject was in India or abroad.

He raised this issue, arguing that while the government should be concerned with Indian data, data coming to India merely for processing should be treated differently. After long discussions, an exemption was finalized for GCCs "when it comes to data processing activities of... any foreign data subject whose data comes to India for processing."

How has the role of in-house counsel evolved with laws like DPDP?

Amit sees the role as "ever-evolving." As the legal landscape changes, the in-house lawyer's job is to "decode that" and "help our business put the right framework" in place. He sees the role as being about "solutioning"—collaborating with the business to "deliver a solution" that is comprehensive and serves business needs while remaining compliant with new and changing laws.

Key lessons in managing legal teams across different geographies?

"Humans everywhere... are the same." Amit's biggest lesson is that "we all feel the same way; it's more about having mutual respect." He emphasizes that a team is "fragile if you don't let people speak up."

He encourages his team members to be transparent and share ideas, regardless of their English proficiency. "English is just a means of communication," he states, "it's not about your potential." As a manager, he feels it's his job to encourage those with excellent ideas but weaker communication skills to share them.

How do you balance compliance with innovation?

Amit is a "firm believer" that you must "break compliances into tasks." He creates dashboards, assigns responsibility for each task, and uses tools to track them and send escalation alerts.

For privacy, the key concept is "privacy by design." He explains this as putting the "privacy rights of the individual" at the "center" of a project before you start designing the solution. "If any company is not doing it," he warns, "then you're lacking somewhere... today or tomorrow, you're going to be in trouble."

What are your top tips for contract negotiation?

"You need to have a win-win approach." Amit is firm that just because you are the client, "you cannot force... the other party to simply adopt your template." He notes this is especially important for lawyers on the "sell side," who don't have the "liberty" of a standard template.

He recalls a negotiation where the client's lawyer said, "This is the template; we don't have a room for negotiation." Amit politely but firmly responded, "I'm here for negotiation, so let's try negotiating," and successfully convinced them to begin the process, which ended in a "logical conclusion."

How do you manage litigations across multiple jurisdictions?

Amit believes litigation must be "managed proactively." The goal is to have the "right processes" in place to resolve disputes amicably and "ensure that we don't end up with litigation."

When litigation is "forced upon you," he says the key is to have strong systems of record. He finds people-related matters the most interesting and challenging. Having robust policies, processes, and tools is "very important because you can gather right information and demonstrate before the court that why you are not guilty."

How do you view the role of AI in the legal sector?

"I love AI," Amit says. "I have fallen in love with it because... I am more effective now." He uses it for primary contract reviews, allowing him to use a "fresh pair of eyes" to catch what AI missed. He also uses it to create basic drafts, saving him significant time. "There are things which I can miss as a human," he notes, "but as a machine, they will not. So I think I'm heavily relying on AI right now."

What advice would you give to the young lawyers?

1. Continuous Learning: "Continuous learning is the key... moment you stop learning, you are dead as a lawyer."

2. Connect and Exchange Ideas: "Start connecting with right people... you can exchange... ideas." He warns against working in silos, stating, "you may be smart... but when you work as a team, you are smarter."

3. Be Open: He advises young lawyers to be open to talking about issues and, just as importantly, "be open to listening to others' ideas."

Rapid Fire Round

In a quick-fire round, Amit shared his immediate thoughts. Success as a legal leader means "solving the business problems," and his favorite legal term is "where there is a right, there is a remedy." The word "contracts" brings "win-win" to mind, and the case that inspired him most is Kesavananda Bharati. The one skill law school doesn't teach is "emotional intelligence." To unwind, he plays badminton, and the most rewarding part of his job is "the satisfaction which I get after solving the business problems."

About "The Counsel's Code" Podcast

"The Counsel's Code" is your go-to podcast for exclusive interviews with top legal executives. Discover the strategies they've employed to cultivate their careers, excel in their positions, and emerge as true leaders in their organizations.

Throughout our discussions, we delve into the challenges of leadership and how these accomplished professionals manage the pressures that come with it. Our mission is to provide valuable insights and support for in-house counsel, fostering mutual growth and development.

Tune in for engaging and enlightening conversations with legal leaders who share their experiences, wisdom, and advice, creating a community where in-house counsel can thrive together. If you want to get featured, contact marketing@volody.com.

Disclaimer: The views expressed in this podcast are the speaker’s personal opinions and do not necessarily reflect the positions of the podcast, Volody, or any current or former employers.