Guidelines on Digital Lending in India

RBI's digital lending framework sets out how regulated entities and lending service providers must handle customer acquisition, disclosure and recovery online.

What is Digital Lending?

Digital Lending as defined by the RBI (Reserve Bank of India) means "a remote and automated lending process, largely by use of seamless digital technologies for customer acquisition, credit assessment, loan approval, disbursement, recovery, and associated customer service."

Digital lending apps and platforms include not only mobile but also web-based applications that have a user interface that will facilitate digital lending services. Such platforms will include applications of the Regulated Entities ("REs") as well as the ones being operated by Lending Service Providers ("LSPs"). A few of the prominent digital lending platforms are Pine Labs, MobiKwik and Paytm.

A Lending Service Provider is an agent of the Regulated Entity who carries out various functions in customer acquisition, pricing support, monitoring, etc. with extant outsourcing guidelines issued by the Reserve Bank.

Privacy Policy

The Reserve Bank of India has laid down certain guidelines pertaining to consumer protection for providing fully secure transactions over digital media. All details related to product information and the Recovery Agent who is authorised to approach the borrower in case of recovery shall be communicated by the Regulated Entity at the time of sanctioning the loan.

REs shall ensure that digitally signed copies of documents, a summary of the loan product, sanction letter, terms and conditions, etc. are provided, as required for the smooth functioning of the loan transaction online.

Applicability

It is applicable to all Commercial Banks, Primary (Urban) Co-operative Banks, State Co-operative Banks, District Central Co-operative Banks, and also Non-Banking Financial Companies, which also include Housing Finance Companies.

Other Legalities relating to Digital Lending

There are statutes applicable like the NBFC Act and the Consumer Protection Act, which provide detailed information as to the laws governing digital lending platforms in India, and which ought to be referred to in order to ensure all necessary compliances are taken into consideration.

Disclaimer: The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.

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