TRAI’s Consultation Paper

Introduction

The Central Electricity Authority (CEA) has released the Draft Central Electricity Authority (Cyber Security in Power Sector) Regulations, 2024, inviting ‘comments’ from stakeholders, including the general public, which are to be submitted by 10 September 2024. The new regulation is intended to make India’s power sector more cyber-resilient and responsive to counter emerging cyber threats and safeguard the nation's power infrastructure.

Key Highlights of the CEA’s New (Cyber Security in Power Sector) Regulations, 2024

• Central Electricity Authority has framed the ‘Cyber Security in Power Sector Regulations, 2024’ in the exercise of the powers conferred by sub-section (1) of 177 of the Electricity Act, 2003 in order to make regulations for measures relating to Cyber Security in the power sector.
• The scope of the regulation entails that these regulations will be applicable to all Responsible Entities, Regional Power Committees, Appropriate Commission, Appropriate Government and Associated Power Sector Government Organizations, and Training Institutes recognized by the Authority, Authority and Vendors.
• One key aspect of the proposed regulation is the establishment of a dedicated Computer Security Incident Response Team (CSIRT) for the power sector. This team will coordinate a unified cyber defense strategy throughout the sector, establishing security frameworks, and serving as the main agency for handling incident response and recovery. The CSIRT will also be responsible for creating/developing Standard Operating Procedures (SOPs), security policies, and best practices for incident response activities in consultation with CERT-In and NCIIPC. The detailed roles and responsibilities of CSIRT are outlined under Chapter 2 of the said regulations.
• All responsible entities in the power sector as mentioned under the scope of the regulation, are mandated to appoint a Chief Information Security Officer (CISO) and an alternate CISO, who need to be Indian nationals and who are senior management employees. The regulations specify that these officers must directly report to the  CEO/Head of the Responsible Entity. Thus emphasizing the critical nature of CISO’s roles in safeguarding the nation’s power grid sector assets.
• All Responsible Entities shall establish an Information Security Division (ISD) dedicated to ensuring Cyber Security, headed by the CISO and remain operational around the clock. The schedule under regulation entails that the minimum workforce required for setting up an ISD is 04 (Four) officers including CISO and 04 officers/officials for shift operations. Sufficient workforce and infrastructure support shall be ensured for ISD. The detailed functions and responsibilities of ISD are outlined under Chapter 5 regulation 10. Furthermore, the ISD shall be manned by sufficient numbers of officers, having valid certificates of successful completion of domain-specific Cyber Security courses.
• The regulation obliged the entities to have a defined, documented and maintained Cyber Security Policy which is approved by the Board or Head of the entity. The regulation also obliged the entities to have a Cyber Crisis Management Plan (CCMP) approved by the higher management.
• As regards upskilling and empowerment the regulation advocates for organising or conducting periodic Cyber Security awareness programs and Cyber Security exercises including mock drills and tabletop exercises.

CyberPeace Policy Outlook

CyberPeace Policy & Advocacy Vertical has submitted its detailed recommendations on the proposed ‘Cyber Security in Power Sector Regulations, 2024’ to the Central Electricity Authority, Government of India. We have advised on various aspects within the regulation including harmonisation of these regulations with other rules as issued by CERT-In and NCIIPC, at present. As this needs to be clarified which set of guidelines will supersede in case of any discrepancy that may arise. Additionally, we advised on incorporating or making modifications to specific provisions under the regulation for a more robust framework. We have also emphasized legal mandates and penalties for non-compliance with cybersecurity, so as to make sure that these regulations do not only act as guiding principles but also provide stringent measures in case of non-compliance.

References: 

1. https://cea.nic.in/wp-content/uploads/notification/2024/08/Draft_CEA_Cyber_Security_in_Power_Sectyor_Regulations_2024_English_Version.pdf

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Introduction

In the multifaceted world of international trade and finance, cross-border transactions constitute the heart of economic relationships that span the globe. The threads that intertwine forming the fabric of global commerce are ceaselessly dynamic and exhibit an intricate pattern of complexity especially when it comes to the regulated movement of capital. It's a domain where economies connect, where businesses engage in sublime commerce, and where technology and regulation intersect at critical juncture. These guidelines will play a critical role in the regulation of capital, fortification of financial integrity, and transparency of regulatory and cross-border payments. The key highlights of this regulation include strict pre-authorization for non-bank entities, mandating specific accounts for import and export PA-CBs and a transaction ceiling of 25,00,000 Rupees.

The Vigilance of RBI 

The Reserve Bank of India (RBI), ever vigilant in its shepherding role over the nation's financial stability and integrity, has taken decisive strides to dispel the haze that once clouded this critical sector. With the issuance of a revelatory circular dated October 31, 2023, the RBI has unveiled a groundbreaking framework that redefines the terrain for these pivotal financial entities, aptly christened as Payment Aggregators – Cross Border (PA-CB). In deploying this comprehensive array of regulations, the RBI demonstrates a robust commitment to harmonizing and synchronizing the oversight of payments within the country's financial fabric, extending its meticulous regulatory weave from domestic Payment Aggregators (PAs) to the PA-CBs, a sector previously undistinguished in formal oversight.

The prescriptive measures announced by the RBI are nothing short of a regulatory beacon that cuts through the fog of uncertainty, illuminating a clear path forward for entities dedicated to facilitating cross-border payment transactions pertaining to the import and export of permissible goods and services in India through online modes. Inclusiveness is a hallmark of the RBI’s directive, encompassing a diverse cadre of financial actors, ranging from Authorized Dealer (AD) banks and conventional Payment Aggregators (PAs), to the emergent breed of PA-CBs actively engaged in processing these critical international payment transactions.

Key Aspects of Regulation

One of the most striking aspects of this new regulatory regime is the RBI's insistence on pre-authorization. All non-bank entities providing PA-CB services are impelled to apply to the apex bank for authorisation by April 30, 2024. This is far from a perfunctory gesture; it represents a profound departure from the bygone era when these entities functioned under a patchwork of provisional guidelines and ad-hoc circulars. Indeed, with this resolute move, the RBI signals its intention to embrace these entities within its direct regulatory gambit, an acknowledgement of the shifting tides and progressive intricacies characteristic of cross-border payments.

The tapestry of new rules is complex, setting forth an array of prerequisites for entities aspiring for authorization. For instance, non-bank PA-CBs are obliged to register with the Financial Intelligence Unit-India (FIU-IND) as a preliminary step before commencing the application process. Moreover, the financial benchmarks set are notably rigorous. Non-banks must boast a minimum net worth of ₹15 crores at the time of the application—a figure that escalates to a robust ₹25 crores by the fiscal deadline of March 31, 2026.

Way Forward

As if these requirements weren't indicative enough of the RBI’s penchant for detail and precision, the guidelines become yet more granular when addressing specific types of PA-CBs. Import-only PA-CBs are mandatorily obliged to maintain an Import Collection Account (ICA) with an AD Category-I scheduled commercial bank, while export-only PA-CBs are instructed to maintain an Export Collection Account (ECA), which can be maintained in Indian Rupees (INR) or any permissible foreign currency. The nuance here is palpable; payments for import transactions must be received in a meticulously managed escrow account of the PA, prior to being funneled into the ICA for smooth settlement with overseas merchants.

Conversely, export-only PA-CBs' proceeds from international sales must be swiftly credited to the relevant currency ECA. This meticulous accounting ensures that the flow of funds is both transparent and traceable, adhering to the utmost standards of financial probity.

Yet, perhaps the most emphatic of the RBI's pronouncements is the establishment of a transaction ceiling. PA-CBs have their per-transaction limit capped at ₹25,00,000 for each unit of goods or services exchanged. This calculated move is transparent in its objective to mitigate risk—a crucial aspect when one considers the potential implications of these transactions on the country’s fiscal health and the integrity of its financial systems.

It is no exaggeration to declare that with these guidelines, the RBI is effectuating a seismic shift in the regulation of cross-border payment transactions. There's a fundamental transformation taking place—a metamorphosis—from a loosely defined existence of PA-CBs to one of distinct clarity, under the direct and unswerving supervisory gaze of the regulator. The compliance burden, indeed, has become heavier, yet the return is a compass that points decisively towards secure harbours.

As we embark upon the fresh horizons that these rules bring into view, it is imperative to acknowledge that the RBI's regulatory innovations represent far more than a mere codification of dos and don'ts. They embody a visionary stride towards safeguarding and fortifying the architecture of international payments, a critical component of India's burgeoning presence on the world economic stage.

Conclusion 

The journey ahead, as we navigate these newly charted waters with the RBI's guidelines as our steadfast North Star, will no doubt be replete with challenges, adaptations and learning curves for the array of operational entities. But it is with confidence we can say, the path is set; the map is clear. The complex labyrinth of cross-border financial transactions is now demystified, and the RBI's clarion call beckons us towards a future marked by regulation, security, and above all else, reliability in the cosmopolitan tapestry of global trade. RBI’s guidelines provide a comprehensive framework for standardizing cross-border financial transactions in India. This decision is a monumental step towards maintaining cyber peace in cyberspace. 

References:

• https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12561&Mode=0
• https://www2.deloitte.com/in/en/pages/tax/articles/tax-alert-Regulation-of-payment-aggregator-cross-border-pa-cb.html
• https://www.jsalaw.com/newsletters-and-updates/rbis-new-guidelines-to-govern-payment-aggregators-in-cross-border-transactions/ 

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Introduction

The Telecom Regulatory Authority of India (TRAI) has directed all telcos to set up detection systems based on Artificial Intelligence and Machine Learning (AI/ML) technologies in order to identify and control spam calls and text messages from unregistered telemarketers (UTMs).

The TRAI Directed telcos

The telecom regulator, TRAI, has directed all Access Providers to detect Unsolicited commercial communication (UCC)by systems, which is based on Artificial Intelligence and Machine Learning to detect, identify, and act against senders of Commercial Communication who are not registered in accordance with the provisions of the Telecom Commercial Communication Customer Preference Regulations, 2018 (TCCCPR-2018). Unregistered Telemarketers (UTMs) are entities that do not register with Access Providers and use 10-digit mobile numbers to send commercial communications via SMS or calls.

TRAI steps to curb Unsolicited commercial communication

TRAI has taken several initiatives to reduce Unsolicited Commercial Communication (UCC), which is a major source of annoyance for the public. It has resulted in fewer complaints filed against Registered Telemarketers (RTMs). Despite the TSPs’ efforts, UCC from Unregistered Telemarketers (UTMs) continues. Sometimes, these UTMs use messages with bogus URLs and phone numbers to trick clients into revealing crucial information, leading to financial loss.

To detect, identify, and prosecute all Unregistered Telemarketers (UTMs), the TRAI has mandated that Access Service Providers implement the UCC.

Detect the System with the necessary functionalities within the TRAI’s Telecom Commercial Communication Customer Preference Regulations, 2018 framework.

Access service providers have implemented such detection systems based on their applicability and practicality. However, because UTMs are constantly creating new strategies for sending unwanted communications, the present UCC detection systems provided by Access Service providers cannot detect such UCC.

TRAI also Directs Telecom Providers to Set Up Digital Platform for Customer Consent to Curb Promotional Calls and Messages.

Unregistered Telemarketers (UTMs) sometimes use messages with fake URLs and phone numbers to trick customers into revealing essential information, resulting in financial loss.

TRAI has urged businesses like banks, insurance companies, financial institutions, and others to re-verify their SMS content templates with telcos within two weeks. It also directed telecom companies to stop misusing commercial messaging templates within the next 45 days.

The telecom regulator has also instructed operators to limit the number of variables in a content template to three. However, if any business intends to utilise more than three variables in a content template for communicating with their users, this should be permitted only after examining the example message, as well as adequate justifications and justification.

In order to ensure consistency in UCC Detect System implementations, TRAI has directed all Access Providers to deploy UCC and detect systems based on artificial intelligence and Machine Learning that are capable of constantly evolving to deal with new signatures, patterns, and techniques used by UTMs.

Access Providers have also been directed to use the DLT platform to share intelligence with others. Access Providers have also been asked to ensure that such UCC Detect System detects senders that send unsolicited commercial communications in bulk and do not comply with the requirements. All Access Providers are directed to follow the instructions and provide an update on actions done within thirty days.

The move by TRAI is to curb the menacing calls as due to this, the number of scam cases is increasing, and now a new trend of scams started as recently, a Twitter user reported receiving an automated call from +91 96681 9555 with the message “This call is from Delhi Police.” It then asked her to stay in the queue since some of her documents needed to be picked up. Then he said he works as a sub-inspector at the Kirti Nagar police station in New Delhi. He then inquired whether she had recently misplaced her Aadhaar card, PAN card, or ATM card, to which she replied ‘no’. The scammer then poses as a cop and requests that she authenticate the last four digits of her card because they have found a card with her name on it. And a lot of other people tweeted about it.

Conclusion

TRAI directed the telcos to check the calls and messages from Unregistered numbers. This step of TRAI will curb the pesky calls and messages and catch the Frauds who are not registered with the regulation. Sometimes the unregistered sender sends fraudulent links, and through these fraudulent calls and messages, the sender tries to take the personal information of the customers, which results in financial losses.