BRICS Delhi Declaration: India Legal Changes Loom for AI, Payments

• The BRICS New Delhi Declaration, adopted at the 18th BRICS Summit, outlines a common regulatory agenda for member states.
• Seven commitments within the declaration are particularly relevant for potential BRICS Delhi Declaration India legal changes, including AI copyright, cross-border payments, and cybercrime.
• India's Copyright Act of 1957 may require significant redesign to address AI training, potentially moving towards statutory licensing.
• A BRICS-wide payment architecture could necessitate new RBI, FEMA, and payment-system rules to manage interoperable systems.
• The declaration encourages international cooperation on cybercrime, highlighting the need for India to adapt its laws for cross-border evidence gathering.

For lawyers and compliance officers in India, understanding these BRICS commitments is crucial.

The BRICS New Delhi Declaration, adopted during the 18th BRICS Summit held from September 12-13, outlines a comprehensive regulatory agenda that could significantly influence Indian law and regulation. This extensive 140-paragraph document, agreed upon by BRICS leaders, addresses critical areas such as artificial intelligence, cross-border payments, cybercrime, virtual assets, competition, customs, and social security. While the declaration explicitly states that its commitments are to be implemented in accordance with the national laws, regulations, and priorities of member states, several provisions stand out for their potential to instigate substantial BRICS Delhi Declaration India legal changes.

From an Indian regulatory perspective, seven specific commitments warrant close attention. These commitments are poised to impact existing statutes, guide future policymaking, and foster deeper collaboration between Indian regulatory bodies and their counterparts within the BRICS bloc. The declaration signals a proactive approach to harmonizing legal frameworks across diverse economies, particularly in rapidly evolving technological and financial sectors.

Among the most prominent areas poised for potential BRICS Delhi Declaration India legal changes is the domain of artificial intelligence training and copyright. Paragraph 120 of the declaration advocates for respecting intellectual property rights within the digital sphere, specifically extending this to the use of copyrighted material for AI training, and emphasizes fair remuneration for right holders. This commitment directly addresses a nascent and complex issue in Indian copyright law, as the Copyright Act of 1957 was designed for traditional forms of copying and infringement, not the extensive use of millions of copyrighted works to train generative AI models. The question of whether existing legal exceptions can accommodate such use was partly addressed by a single judge of the Delhi High Court, who dismissed an interim injunction application on July 24, 2026, in the case of ANI Media Pvt Ltd v OpenAI. This decision is currently under appeal before a division bench of the Delhi High Court, with the next hearing scheduled for December 2026. The BRICS commitment could propel India beyond merely assessing whether copying constitutes infringement, towards exploring a system of statutory licensing and remuneration for AI training, which would represent a significant overhaul of current copyright provisions.

Another critical area is cross-border payments, detailed in Paragraph 90. The declaration supports efforts towards interoperability between payment and messaging channels, aiming for faster and more affordable international transactions, alongside increased use of BRICS local currencies for trade and investment. India has already made strides in this field, regulating cross-border payment aggregators and working to integrate its Unified Payments Interface (UPI) with foreign fast-payment systems. The Reserve Bank of India (RBI) has also joined Project Nexus, an initiative focused on multilaterally interlinking domestic fast-payment systems. However, a BRICS-wide payment architecture introduces complex legal questions that domestic payment laws do not fully address, such as jurisdictional authority over transactions, cross-border movement of customer data, allocation of fraud liability, reconciliation of Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements, and legal recognition of settlement across different nations. This implies a shift for India from regulating transactions entering or leaving the country to overseeing an interoperable payment infrastructure connecting multiple sovereign systems, potentially necessitating new layers of RBI, Foreign Exchange Management Act (FEMA), and payment-system regulations.

Furthermore, the declaration addresses cybercrime in Paragraphs 47-48, encouraging member states to sign and ratify the UN Convention against Cybercrime and supporting negotiations for a supplementary protocol. It also calls for cooperation on cybercrime, data security, malicious software, and globally interoperable rules and standards. While India possesses established cybercrime offenses and procedures for electronic evidence, the primary challenge in contemporary cybercrime often lies not in defining the offense but in the intricate process of obtaining evidence, particularly when crimes transcend national borders. This focus on international cooperation and harmonized standards underscores the need for Indian law to adapt to the realities of global digital threats.

The BRICS New Delhi Declaration sets a broad India BRICS regulatory agenda, encompassing not only AI copyright, cross-border payments, and cybercrime, but also virtual assets, competition policy, customs procedures, and social security. This collective focus highlights a shared understanding among BRICS nations regarding the need for coordinated approaches to modern economic and technological challenges. The emphasis on these areas suggests a concerted effort to develop common standards and facilitate smoother interactions across member economies.

For lawyers and compliance officers in India, understanding these BRICS commitments is crucial. They signal potential shifts in Indian law and regulation, particularly concerning AI copyright India BRICS, cross-border payments India BRICS, and cybercrime India BRICS. This foresight is essential for advising clients on upcoming compliance requirements, new regulatory frameworks, and potential changes in enforcement or liability across these key sectors. The declaration, therefore, serves as a significant indicator of future Indian law BRICS commitments and the evolving regulatory landscape.

Lawyers and compliance officers in India should monitor these seven BRICS commitments as they signal potential shifts in Indian law and regulation, particularly concerning AI copyright, cross-border payments, and cybercrime. This foresight is crucial for advising clients on upcoming compliance requirements, new regulatory frameworks, and potential changes in enforcement or liability across these key sectors.

Source: Analysis from legal experts.