Corporate practice

Fintech Agreements & Advisory

Fintech runs on partnerships and on trust. We draft the agreements that hold the partnerships together, and the terms and disclosures that users rely on.

Bank–fintech and co-lending partnership agreements, user terms and risk disclosures, payment and lending regulatory mapping, and fintech IP and data protection.

Our fintech work is about agreements and advice: the contracts between fintechs and their banking and lending partners, the terms a fintech offers its users, and the intellectual property and personal data at the centre of the business.

Bank–fintech and co-lending partnerships

Partnership and co-lending agreements between fintechs and banks or other lenders: who does what, how revenue and losses are shared, who owns the platform, the data and the customer relationship, service levels, audit and information rights, and what happens on exit.

User terms and risk disclosures

Terms of use, schedules of fees and charges, risk disclosures and grievance processes, written so that users can understand them. Under the Consumer Protection Act, 2019, the Consumer Commissions can declare unfair terms in a consumer contract null and void, so balanced, clearly written terms matter.

Payment and lending regulatory mapping

Before a product launches, we map the payment and lending rules that may apply to it, so that its partnership agreements, user terms and disclosures are built around them from the start.

Fintech IP and data protection

Protecting the software, brand and data that make a fintech valuable: ownership of code written by employees, contractors and partners, trade marks, and confidentiality. Fintechs handle large volumes of personal data, so we also advise on the Digital Personal Data Protection Act, 2023: notices and consent, contracts with processors, security safeguards and breach response.

How we help

Bank–fintech and co-lending partnership agreements
User terms and risk disclosures
Payment and lending regulatory mapping advisory
Fintech IP and data protection

Key laws

Indian Contract Act, 1872
Information Technology Act, 2000
Digital Personal Data Protection Act, 2023
Consumer Protection Act, 2019
Copyright Act, 1957

Frequently asked questions

Who owns the IP in a bank–fintech partnership?

Whoever the agreement says owns it. Without a written assignment, copyright in software stays with the person who wrote it, unless it was written by an employee in the course of employment (sections 17 and 19 of the Copyright Act, 1957). A partnership agreement should state who owns the platform, any customisation built for the partner, the data generated and any improvements, and what licence each side keeps on exit.

Does the DPDP Act apply to fintech apps?

Yes. A fintech that decides why and how its users’ personal data is processed is a Data Fiduciary. It must give a clear notice, obtain valid consent where it relies on consent, use processors only under a contract, keep reasonable security safeguards, report personal data breaches, and respond to users’ rights requests. Most of these obligations apply from 13 May 2027.

Can a user challenge unfair terms in a fintech app?

Yes. The Consumer Protection Act, 2019 defines an “unfair contract”, which includes terms that impose a penalty wholly disproportionate to the loss caused by a breach, or let one party end the contract without reasonable cause. The State and National Consumer Commissions can declare such terms null and void.