Nowlez Journal

AI and Data Privacy Laws in India: A Practical Guide for Law Firms

12 Jan 2026

AI and Data Privacy Laws in India: A Practical Guide for Law Firms

Introduction

Your AI-powered contract review tool just processed 500 client documents. Do you know which data privacy regulations you might have violated in the last hour? Or, ever wondered what happens if your AI-assisted research tool runs afoul of new AI laws? When the technology you use to analyze and advise clients becomes subject to binding regulation, and not just ethics debates, what does that mean for your practice? As law firms are increasingly relying on AI systems from document review agents to multi-agent workflows. [1] And as regulatory frameworks emerge globally, this blog explores what compliance could mean for lawyers and firms.

Why AI Regulation Matters for Law Firms

Law firms use AI as tools that touch regulated domains across all three frameworks. AI may process personal data which can call for privacy obligations. And, severe ones if that personal data falls under the sensitive category. AI may make automated decisions with consequences which can risk liability. Or, AI tools themselves, may qualify as high-risk systems under some regimes like in the EU. However, most Indian law firms often have international clients where EU or UK data protection applies. Cross-border legal services calls for multi-jurisdictional compliance. And, more often than not, AI vendors are often based in the EU or UK so contractual obligations flow down to Indian firms as well. Moreover, law firms are data fiduciaries and not just passive tool users. Hence, lawyers can’t ignore AI regulation. 

The Regulatory Landscape: Three Jurisdictions, One Challenge 

Current legal framework: India 

India has not enacted an AI-specific law as of yet. [2] However, existing statutes like that of Digital Personal Data Protection Act, 2023 already apply to AI in practice. In reality, law firms routinely input client documents into AI tools under broad engagement letters, but such generic consent often fails the Act’s requirement of purpose-specific and informed consent. [3] When entire case files are uploaded for convenience, the principle of data minimization breaks down, exposing firms to liability. The risk escalates further when client data is repurposed to train or refine AI systems, violating purpose limitation.  While AI vendors may function as data processors, the firm remains the data fiduciary under the Act, meaning they’re subjected to compliance obligations. 

Furthermore, the Information Technology Act, 2000 provides limited tools by penalizing identity theft, online impersonation and the publication of obscene or sexually explicit material. Similarly, the Bharatiya Nyaya Sanhita, 2023 contains provisions that may be stretched to cover harms caused by deepfakes, such as forgery of electronic records, use of false digital content, sexual harassment, and criminal defamation. [4] While these provisions can be invoked where AI-generated content impersonates individuals, they were drafted for traditional cyber offences and not for AI-generated content. As a result, enforcement remains reactive and case-specific, leaving significant gaps around risks posed by AI-driven manipulation.

EU: THE AI ACT — WHERE LEGAL AI GETS SERIOUS 

The European Union has taken a more sophisticated approach to AI regulation. It classifies systems based on four risk tiers. Certain uses are outright prohibited, such as real-time biometric surveillance. High-risk AI systems may include tools used for legal interpretation and case outcome prediction. Limited-risk systems cover most chatbots and basic document review tools. Minimal-risk systems include simple task automation with no major legal impact. This classification is particularly crucial for law firms. [5] Any AI system used for legal interpretation, legal assessment, or outcome prediction is likely to fall within the high-risk category. This triggers strict obligations. Firms must ensure conformity assessments are conducted. Risk management systems must be in place. And, human oversight is mandatory. 

The AI Act does not replace existing data protection law. General Data Protection Regulation (GDPR), 2016 continues to apply in parallel. Where AI systems are used to make or support decisions that affect individuals, data subjects may have a right to explanation. Law firms must also enter into clear Data Processing Agreements with AI vendors, defining roles, responsibilities and data handling practices.

Multi-agent systems introduce additional complexity. Each agent, performing a distinct function, may require its own risk assessment. Data sharing between agents must be logged and capable of audit. Where data flows across borders, especially outside the EU, firms face heightened scrutiny under both the AI Act and GDPR. 

UK: Principles Over Statutes

Like India, the UK has not passed any AI-regulation statute. Instead, AI governance is built on existing data protection law and sector- specific regulatory measures. [6] Under the Data Protection Act (DPA) 2018, AI systems must comply with the six core GDPR principles. Processing must be lawful, fair and transparent. Data must be limited to what is necessary and used only for defined purposes. These requirements apply fully to AI tools used for legal research, drafting, case analysis and client advisory work. Legal data often falls into special category data like information related to legal proceedings, criminal records and allegations. Such data attracts higher protection standards. Firms must justify processing, apply stronger safeguards and limit automated use wherever possible.

Single-Model vs Multi-Agent AI: Why Architecture Changes Compliance

A single-model system relies on one core model handling a task end-to-end. For instance, a legal research assistant processes input and produces output in one flow. Data flows, in such a model, are easier to map. There is usually one point of data ingestion, one processing event and one output. This makes audits more manageable and documentation clearer. Accountability is also easier to establish. If something goes wrong, responsibility can typically be traced back to one system, one vendor and one decision path. Conversely, multi-agent systems operate very differently. Instead of one model, multiple agents perform specialized tasks. One agent may retrieve documents, another may analyze facts, third may draft outputs and fourth may validate or optimize results. There is multiplication of data flows which increases compliance exposure. What was once one audit trail becomes several. [7] Logging, traceability and documentation requirements grow rapidly making it difficult to ascertain accountability. 

In India, multi-agent systems raise concerns around consent and purpose limitation under the DPDP Act. Data shared across agents increases the risk of purpose creep, particularly when information is used beyond its original purpose. While under the EU AI Act, classification becomes more complex. Regulators may assess the AI system as a whole or treat individual agents as high-risk components, depending on their function and impact.

Practical Compliance Framework

A workable compliance framework does not require perfection but requires intention. Before deployment, firms should conduct a basic AI impact assessment: what data is processed, where it flows, which jurisdictions apply and whether the system qualifies as high-risk. Consent architecture must be explicit, granular and tied to actual AI use cases, not generic disclosures. Vendor contracts should address data use, retention, audit rights, breach notification, and cross-border transfers in plain terms. During use, firms must maintain audit logs that record prompts, outputs, agent interactions, and human interventions, especially for advisory or decision-support workflows. Human oversight cannot be symbolic; there must be clear checkpoints where legal judgment overrides automation. [8] Ongoing compliance means periodic reviews, updating documentation as systems evolve, and retraining lawyers on tools they rely on. 

Conclusion

AI in legal practice now attracts regulation, scrutiny and accountability whether firms feel ready or not. The way an AI system is designed, trained, deployed and supervised now directly affects professionals and their clients. This is especially true as enforcement tightens: India is moving from advisory guidelines to active oversight, the EU AI Act is nearing penalty phases, and the UK is pushing sector-led accountability on both deployers and vendors. In such circumstances, compliance is no longer optional. It's an ongoing commitment to client consent, vendor due diligence and operational safeguards. The firms that thrive won't be those that deploy AI fastest, but those that deploy it most responsibly. Before you integrate that next AI tool or build that multi-agent workflow, ask yourself: Do I have proper consents? Do I know where client data goes? And if the answer to any is "no," pause. The cost of getting AI compliance wrong far exceeds the efficiency gains of getting it right quickly.





Sources:


[1] Secretariat, AI Adoption Surges in the Legal Industry: Key Findings from the 2025 Secretariat and ACEDS Global Artificial Intelligence Report, https://secretariat-intl.com/insights/ai-adoption-surges-in-the-legal-industry/

[2] Lawful Legal, AI Regulation in India: Legal Vacuum or Strategic Opportunity? https://lawfullegal.in/ai-regulation-in-india-legal-vacuum-or-strategic-opportunity/.  

[3] Mondaq, Why India's New AI Guidelines Matter to Every Business, Not Just AI Companies, https://www.mondaq.com/india/new-technology/1707632/why-indias-new-ai-guidelines-matter-to-every-business-not-just-ai-companies

[4] Legal Services India, AI and Law in India: Legal Issues, Regulations, and Your Rights in the Age of Artificial Intelligence, https://www.legalserviceindia.com/Legal-Articles/ai-and-law-in-india-legal-issues-regulations-and-your-rights-in-the-age-of-artificial-intelligence/#google_vignette

[5] UNESCO, Who Governs AI in the EU? A Breakdown of Authorities in the EU AI Act, https://www.unesco.org/en/articles/who-governs-ai-eu-breakdown-authorities-eu-ai-act

[6] GDPR Local, UK AI Regulation: Current Status and Outlook, https://gdprlocal.com/uk-ai-act/

[7] NASSCOM, Multi-Model AI Agents vs. Single-Model Systems: What Businesses Must Know, https://community.nasscom.in/communities/ai/multi-model-ai-agents-vs-single-model-systems-what-businesses-must-know

[8] Mobius, EU AI Act: Business compliance guide for 2025, https://ai.mobius.eu/en/insights/eu-ai-act