Regulatory & Compliance Advisory
Wayver advises businesses on their regulatory obligations in India, obtains the required registrations and licences, and assists in implementing compliance processes across food, consumer products, technology, and other regulated sectors.
Overview
Regulatory obligations in India vary by industry, product, and business model. Businesses need to know which obligations apply to them, which registrations to obtain, and what processes to run to remain compliant on an ongoing basis.
Wayver advises on the applicable legal framework, obtains the necessary registrations and licences, and helps implement compliance processes that match how the business operates. The practice runs across food and beverage, consumer products, technology, and other regulated sectors, with particular depth in food licensing and Indian data protection law.
Scope of Work
FSSAI Registration & Compliance
Advising on the correct level of FSSAI registration or licence for the scale and nature of the food business, preparing and filing the application, and handling follow-up with the licensing authority. We assist with every aspect of the supply chain, ensuring compliance with the Food Safety and Standards Act, 2006 (FSS Act), and advising on everything from licensing and product labelling to e-commerce regulations and legal metrology, alongside renewals, modifications, and responses to show cause notices.
Data Privacy & DPDP Compliance
We assist clients with the development and implementation of robust data privacy policies, data security protocols, and compliance frameworks. Our expertise extends to advising on cross-border data transfers, managing data breach responses, and ensuring adherence to key legislation, including the Digital Personal Data Protection Act, 2023. We also review AI tools, SaaS workflows, and digital products for privacy exposure.
Corporate Compliance
The standing obligations of the entity itself: annual filings, board processes, statutory registers, and the compliance calendar, kept current so the company is always transaction-ready.
Licensing & Permissions
We offer end-to-end guidance to obtain the numerous licences required beyond FSSAI, and assist with applications for local health and trade licences. Our expertise extends to navigating state-specific excise laws to secure liquor licences and obtain permits for entertainment, sequenced so operations are not held up waiting on the wrong approval.
Employment & Workplace Compliance
Our services cover the full employment lifecycle, from drafting compliant employment contracts and policies to navigating issues of disciplinary action and termination. We assist with statutory compliance under various labor laws, POSH documentation and internal committee processes, and employee handbooks and internal policies.
Regulatory Advisory
Ongoing advisory as regulatory frameworks change: new legislation, sector guidelines, and regulator notices, with guidance on the required changes and the applicable timelines. We also provide counsel on the Consumer Protection Act, 2019, assisting with the establishment of fair trade practices and grievance redressal mechanisms to handle consumer complaints effectively.
How the Engagement Runs
Identify the obligations
We identify the laws, licences, and filings that apply to the business and its operations.
Close the gaps
We obtain registrations, correct documentation, and remediate issues that an inspection or a due diligence exercise would identify.
Build the process
We establish compliance calendars, templates, and internal ownership so that the framework operates within the business.
Monitor developments
Monitoring and advisory as frameworks evolve, including data protection rules and sector regulation.
Sectors
Cloud Kitchen, Food & Beverages
We assist with every aspect of the supply chain, ensuring compliance with the Food Safety and Standards Act, 2006 (FSS Act), and advising on everything from licensing and product labeling to e-commerce regulations and legal metrology.
Hospitality
We offer end-to-end guidance to obtain the numerous licenses required, including the appropriate FSSAI license based on business size, and assist with applications for local health and trade licenses. We guide clients on their obligations under the Digital Personal Data Protection Act, 2023, helping them manage guest data, obtain proper consent, and implement robust security measures.
Education & Ed-Tech
We provide legal counsel on compliance with key regulatory bodies like the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE), and advise on the legal implications of the NEP 2020. For ed-tech platforms, we provide guidance on compliance with the Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection Act, 2023.
Robotics & Automation
We counsel on regulatory frameworks and standards from bodies like the Bureau of Indian Standards (BIS) to ensure that the implementation of automation technology is safe, ethical, and legally sound, and guide clients on compliance with the Digital Personal Data Protection Act, 2023, and other regulations to ensure data security and privacy.
Why Wayver
The objective of the practice is a compliance process that the business can operate on an ongoing basis.
- Sector depth. Food licensing, consumer labelling, data protection, and workplace law are core practice areas for the firm.
- Diligence-informed standards. Because the firm also conducts due diligence for investors, compliance work is built to the standard that a future transaction will apply.
- Continuity through fractional counsel. Clients can place compliance work within a broader ongoing engagement with the firm.
- Practical output. Calendars, templates, and internal ownership that allow the framework to operate within the business.
Frequently Asked Questions
Which FSSAI licence does my food business need?
It depends on turnover and the nature of operations. Smaller businesses take a basic registration, mid-sized operations need a state licence, and larger businesses, importers, and multi-state operations need a central licence. Operating with the wrong tier is treated as non-compliance, so we confirm the correct level before filing.
Does the DPDP Act apply to my business?
If you process digital personal data in India, almost certainly yes. It also reaches processing outside India when it is connected to offering goods or services to people in India. The Act carries penalties that can reach Rs. 250 crore for serious failures, so the practical question is not applicability but what your consent, retention, vendor, and breach processes need to look like.
We are a small team. Do POSH obligations apply to us?
Once a workplace has ten or more employees, an internal committee is mandatory, along with a policy and annual reporting. The obligation applies regardless of whether a complaint has ever been made. Setting this up properly requires a few weeks of work, and it is significantly more difficult to address after a complaint has been received.
What are the recurring compliances for a private limited company?
Annual filing of financial statements and the annual return, board meetings at prescribed intervals, statutory registers, an auditor, and director-level filings, alongside tax and GST obligations. Penalties accrue automatically for late filings, and clean records are one of the first things any investor's diligence will test.
What does a compliance health check involve and when should we do one?
We review the company's registrations, filings, licences, contracts, data practices, and workplace documentation against the obligations that apply to the business, and deliver a prioritised gap list with corrective steps. The appropriate time is before a fundraise, a large customer contract, or an expansion, when gaps can be closed at the lowest cost.
Our product labels were designed abroad. Will they work in India?
Usually not without changes. Packaged goods sold in India must carry declarations under legal metrology rules, including importer details and MRP, and food products must additionally meet FSSAI labelling requirements. Label review before printing is a straightforward exercise and avoids the cost of relabelling stock.
This FAQ is general information about Indian law and practice and does not constitute legal advice for any specific business.
Disclaimer
The rules of the Bar Council of India prohibit advocates from soliciting work or advertising their services in any manner. By continuing to browse this website, the visitor acknowledges that they wish to gather information about Wayver Advocates & Solicitors of their own accord and for their own use, and that there has been no solicitation, advertisement, personal communication, or inducement of any kind by the firm or any of its members to create an advocate–client relationship through this website. The material on this website is general information about Indian law and the firm's areas of practice; it is not legal advice or a legal opinion, and accessing or reading it does not create an advocate–client relationship. The firm accepts no liability for any action taken in reliance on the contents of this website. Visitors requiring advice on a specific matter should seek independent professional counsel.