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JC - Legal Updates - Report on Digital Lending

Legal Updates

23 Nov 2021

Report on Digital Lending

Reserve Bank of India (“RBI”) has issued its working group report on digital lending including lending through online platforms and mobile apps last week. The thrust of the report has been on enhancing customer protection and making the digital lending ecosystem safe and sound while encouraging innovation.

Key Recommendations:

(a)   Subjecting the Digital Lending Apps to a verification process by a nodal agency to be setup in consultation with stakeholders.

(b)   Setting up of a Self-Regulatory Organisation (“SRO”) covering the participants in the digital lending ecosystem.

(c)   A separate legislation to prevent illegal digital lending activities.

(d)   Development of certain baseline technology standards and compliance with those standards as a pre-condition for offering digital lending solutions.

(e)   Data collection with prior and explicit consent of borrowers with verifiable audit trails.

(f)   All data to be stored in servers located in India.

(g)   Use of unsolicited commercial communications for digital loans to be governed by a Code of Conduct to be put in place by the proposed SRO.

(h)   Maintenance of a ‘negative list’ of Lending Service Providers by the proposed SRO.

(i)   Standardised Code of Conduct for recovery to be framed by the proposed SRO in consultation with RBI.

RBI has invited comments on the report from the stakeholders / public to be submitted by December 31, 2021.

Reserve Bank of India - Press Releases (rbi.org.in)

For any further information, please contact Mr. Ankit Sinha (ankit.sinha@jclex.com), Mr. Saurabh Sharma (saurabh.sharma@jclex.com), Ms. Rupul Jhanjee (rupul.jhanjee@jclex.com) or Ms. Teza Jose (teza.jose@jclex.com).