“Businesses should adopt privacy by design, integrating privacy into every stage of operations—from product development to customer service. This ensures privacy is foundational, not just an afterthought.”

    What do you believe are the most pressing legal and regulatory challenges facing the food and e-commerce sectors today?

    The food and e-commerce sectors in India are evolving at an incredible pace, and with this growth come unique legal and regulatory challenges that businesses need to tackle head-on.

    One of the biggest issues is food safety compliance. Companies must adhere to the Food Safety and Standards Act, 2006, ensuring products are safe, traceable, and meet quality standards. This isn’t just about avoiding penalties—it’s also about earning consumer trust in a competitive market.

    Then there’s the matter of labelling and advertising regulations. From displaying correct MRP and batch details to ensuring nutritional claims are accurate, there’s little room for error. Misleading claims or vague labels can attract heavy scrutiny and damage credibility.

    In the digital space, data privacy and cybersecurity are growing concerns. With the Digital Personal Data Protection Act and the upcoming Rules, businesses are under increasing pressure to protect customer data while also navigating a rise in cyber threats. Strong security protocols are no longer optional—they’re essential.

    Environmental compliance is also an area to work on. Sustainable packaging regulations, such as Extended Producer Responsibility (EPR) rules, are pushing companies to rethink materials and waste management strategies. These changes are critical for both regulatory alignment and meeting consumer expectations for eco-conscious practices.

    Globally, these issues aren’t much different. Countries like the U.S. and those in the EU enforce stringent food safety and data protection laws, such as the FDA and GDPR. The push for sustainability is also a universal concern shaping corporate strategies.

    In India, addressing these challenges requires a balance between compliance, innovation, and collaboration with regulators. Businesses that can adapt quickly and effectively not only avoid legal pitfalls but also build stronger, more trusted brands for the future.

    With evolving privacy regulations, how do you stay ahead in compliance and ethical data use, especially given the sensitive nature of customer data in the food industry?

    Staying ahead in compliance and ethical data use requires a proactive approach, particularly in industries like food, where customer data is highly sensitive.

    First, businesses should adopt privacy by design, integrating privacy into every stage of operations—from product development to customer service. This ensures privacy is foundational, not just an afterthought.

    Data mapping is also essential. Companies should document what data is collected, how it’s used, and where it’s stored. This transparency not only helps with compliance but also reduces the risk of unnecessary data collection.

    A privacy committee should be established to oversee privacy practices across the organization. This committee will create and enforce data protection policies. Additionally, appointing privacy representatives in different departments ensures privacy is prioritized at all levels, from IT to marketing.

    Regular compliance audits are vital to ensure alignment with evolving regulations. Keeping up to date with data privacy laws, such as India’s Digital Personal Data Protection Act, ensures businesses are always compliant. Transparency with customers regarding how their data is used is crucial for building trust.

    Data security should be a priority as well. Implementing encryption, secure access controls, and cybersecurity measures, along with training employees, reduces the risk of data breaches.

    The above approach not only ensures compliance with privacy regulations but also fosters trust and ensures the protection of sensitive customer data.

    How do you maintain effective governance while driving rapid growth, especially in areas like food safety, environmental sustainability, and labour laws?

    Maintaining effective governance during rapid growth requires balancing expansion with a strong focus on compliance. In sectors like food, where safety and regulations are critical, this balance is even more important.

    For food safety, governance should be integrated into daily operations through strict quality control processes, regular inspections, legal framework and compliance with both local and international safety standards. A dedicated team should conduct audits, provide ongoing training, and stay up to date with evolving regulations.

    In terms of environmental sustainability, businesses must prioritize sustainable practices as they scale. This includes reducing waste, optimizing resource usage, and adhering to regulations like Extended Producer Responsibility (EPR) for packaging. Setting clear sustainability goals, tracking progress, and embedding these practices into the company’s strategy ensures long-term environmental responsibility.

    Labour law compliance becomes increasingly complex as the workforce grows. HR systems, compliance tools, and robust SOPs for investigations, grievance handling, and other processes are essential to track employee rights, wages, and working conditions. Regular audits, training, and a dedicated compliance team help businesses stay aligned with evolving regulations.

    Cross-functional collaboration between legal, compliance, and operations teams ensures governance is integrated into decision-making. A clear legal framework and detailed SOPs enable consistency, accountability, and alignment with labor laws.

    By embedding governance into processes and leveraging technology, companies can scale sustainably while maintaining compliance and safeguarding employee welfare.

    Where do you see the biggest opportunities for AI and automation to streamline legal processes and compliance, and what potential pitfalls should be considered?

    AI and automation hold tremendous potential to streamline legal processes and compliance, making them more efficient and cost-effective. Key areas like contract review, repository management, and regulatory compliance stand to benefit greatly.

    One of the biggest opportunities is in contract review and management. AI-powered tools can quickly analyze contracts, identify potential risks, and suggest edits based on predefined legal standards. This reduces the time spent on manual review and ensures contracts are compliant. Additionally, AI can assist with repository management by organizing and categorizing contracts in a way that makes them easily discoverable when needed. AI-driven contract discovery tools can help businesses identify relevant clauses across large volumes of contracts, improving efficiency. Furthermore, AI can generate contract summaries and abstractions, making it easier for legal teams to understand key terms and obligations at a glance.

    In compliance monitoring, AI can track regulatory changes and automatically update policies and procedures. This is particularly beneficial in sectors like food, where regulations are often updated. AI can also streamline data protection compliance by scanning large datasets to ensure they meet privacy and security standards, minimizing the risk of breaches and non-compliance.

    However, there are potential pitfalls to consider.

    One concern is accuracy—while AI is powerful, it’s not infallible, and human oversight is still necessary to ensure the outputs align with legal standards. There’s also the risk of data privacy and security when automating sensitive legal processes. Additionally, IP ownership and infringement can become a challenge, as AI tools may generate content or solutions that inadvertently infringe on intellectual property rights.

    AI and automation can significantly improve legal processes and compliance by enhancing efficiency and accuracy. However, careful attention to accuracy, data security, and IP concerns is crucial to avoid potential pitfalls.

    How should companies shape policies to tackle the ethical and legal challenges of AI, especially around employee monitoring, data privacy, and algorithmic bias?

    In India, addressing the ethical and legal challenges of AI requires companies to develop transparent and responsible policies that balance legal compliance with ethical considerations.

    When it comes to employee monitoring, companies should implement policies that clearly define the scope and purpose of monitoring. AI tools used for this purpose should align with company goals, such as improving performance or ensuring workplace safety, without violating employees’ privacy. Transparency is critical—employees must be informed about what data is being collected, how it will be used, and the extent of the monitoring. Clear communication and consent should be a part of the policy to avoid potential legal risks under the Indian Information Technology Act, the Digital Personal Data Protection (DPDP) Act and GDPR.

    Regarding data privacy, companies must ensure compliance with India’s Digital Personal Data Protection (DPDP) Act, which sets the framework for the collection, processing, and storage of personal data. Policies should limit data collection to what’s necessary, protect sensitive personal data, and ensure secure storage. Employees and customers must be informed of their rights to access, correct, and delete data. Regular audits and robust internal controls are essential to ensure compliance and mitigate the risk of data breaches.

    For algorithmic bias, companies should take proactive steps to audit AI systems regularly. Using diverse datasets during the training of AI models is crucial to prevent discrimination and ensure fairness in decision-making. Given India’s demographic diversity, AI systems need to be tested for biases that could affect various groups. Establishing an AI ethics committee can help ensure algorithms are fair, transparent, and compliant with ethical standards, reducing the risk of bias or discrimination claims.

    Looking ahead, what do you think the biggest disruptors in the legal and compliance space will be in the coming years?

    Two major disruptors will shape the legal and compliance landscape: artificial intelligence (AI) and data privacy regulations.

    AI is already transforming legal operations by automating repetitive tasks like document review, contract analysis, and compliance monitoring. As AI evolves, its ability to handle complex processes such as risk assessment and litigation prediction will become more refined. This will drastically reduce the time and costs associated with legal tasks. However, the disruptive potential of AI comes with its own challenges. Organizations will need to address concerns around transparency, accountability, and ethical usage. Ensuring that AI-driven decisions are unbiased, auditable, and compliant with existing laws will be critical.

    On the other hand, the increasing emphasis on data privacy regulations will continue to redefine compliance practices. With laws like India’s Digital Personal Data Protection (DPDP) Act and global frameworks like the GDPR, businesses must prioritize data protection. The legal and compliance teams will need to focus on creating robust frameworks for data governance, ensuring transparency in data collection and usage, and managing cross-border data transfers. AI tools will likely be instrumental in meeting these compliance requirements by automating data mapping, breach detection, and regulatory reporting.

    The intersection of AI and privacy also presents unique challenges. For instance, AI systems that process personal data must comply with strict privacy standards, raising questions about data anonymization, security, and usage rights. Balancing innovation with compliance will be a fine line for companies to navigate.

    In the coming years, the companies that integrate AI effectively while adhering to robust privacy standards will not only mitigate risks but also gain a competitive edge in an increasingly regulated environment.

    About Denise Gardner: 

    Denise Ethel Gardner is a distinguished legal professional with over 14 years of expertise in corporate law, compliance, and strategic legal management. As Senior Director and Head of Legal, Secretarial, and Compliance at Licious, she has been instrumental in aligning legal frameworks with business goals, spearheading policy reforms, and ensuring seamless regulatory compliance across operations.

    Her multifaceted career spans FMCG, e-commerce, healthcare, and ed-tech sectors, where she has demonstrated excellence in negotiating high-value contracts, managing intellectual property portfolios, driving data privacy compliance, legal metrology and leading mergers, acquisitions, and litigation strategy. Known for her innovative leadership, Denise has streamlined legal processes through automation and delivered significant cost savings by mitigating risks and optimizing operational efficiency.

    A holder of LLB and LLM (Business Law) degrees, Denise is known for fostering cross-functional collaboration, building robust legal & compliance frameworks, and mentoring high-performing teams. She brings a global perspective to data protection and privacy, with expertise in GDPR and Indian regulatory standards.

    Author

    Share.
    Leave A Reply