In Conversation with Monika Sachdeva Arora, Head of Legal and Compliance, MAHLE Holding (India) Private Limited on India's Compliance Challenges

Let’s turn the wheel of time, what sparked your interest in law and drew you to the role of a general counsel? 

I have always been drawn to the law because of its ability to create order and justice in society. As a general counsel, I like the challenges of providing legal guidance across a wide range of issues including but not limited to contract reviewing, litigation, arbitration, Intellectual Property Rights, Banking agreements, compliances (internal as well as external), policy framework, legal inputs in various M&A transactions within the defined timelines. I am responsible for making effective and productive decisions in line with the business objectives while considering various inputs and potential impacts including legal and ethical implications. I am also heading the Regional Compliance Committee for MAHLE India and have the ability to anticipate legal issues and risks and taking timely corrective actions in the best interest of the company. Additionally, the dynamic nature of the role, where every day brings new challenges and opportunities, is what keeps me engaged and passionate about my work.

Who are some legal professionals you admire, and why? What lessons have you learned from them?  

There are many legal professionals who have played significant role to the advancement of law and justice in India. Some of them whom I admire for their commitment to upholding the principles of justice, fairness and the rule of law are as under:

1. Fali S. Nariman (a distinguished Senior Advocate), for his expertise in constitutional law and his advocacy for human rights. He has made significant contributions to the development of Indian jurisprudence and has been a strong voice for the protection of fundamental rights.
2. Soli Sorabjee (former Attorney General of India), was known for his deep knowledge of constitutional law, was a strong proponent of the rule of law and played a crucial role in shaping legal discourse in India.
3. Indira Jaising, very well-known for her work in the space of human rights and raised her voice in support of environmental causes.

What would you say is your favourite quote or book related to law or leadership that resonates with you? 

My favorite quote is by Benjamin Franklin, 

“Justice will not be served until those who are unaffected are as outraged as those who are.”

One of my favorite books (worth recommending) related to law and leadership is "The 7 Habits of Highly Effective People" by Stephen R. Covey. While not specifically a legal book, it offers valuable insights into personal and professional development, which are highly relevant to the legal profession and leadership roles. Covey's book emphasizes on principles of proactivity, prioritization, and seeking to understand before being understood. These principles are essential for lawyers and leaders, as they encourage thoughtful decision-making, effective communication, and the cultivation of strong interpersonal relationships.

What are your hobbies or passions outside of your legal work? How do they help you unwind and recharge?

I like to go on short breaks, vacations after every three to four months. This helps me unwind and recharge both mentally and emotionally. Such breaks provide an opportunity to step away from the pressures of daily life, gain new perspectives, and create space for relaxation and rejuvenation.

In your specific industry, what are some of the biggest challenges legal teams face currently? How are you tackling these issues?  

In today’s dynamic environment, legal teams face several significant challenges, including:

• Complex regulatory environment: India has a complex and evolving regulatory   landscape, with numerous laws, regulations, and compliance requirements across different sectors. Keeping up with these changes and ensuring compliance can be a major challenge for legal teams. Ensuring compliance with anti-corruption laws and regulations, such as the Prevention of Corruption Act and the Foreign Corrupt Practices Act, is a significant challenge for legal teams in India, particularly for companies operating in multiple jurisdictions. Ensuring compliance with anti-corruption laws and regulations, such as the Prevention of Corruption Act and the Foreign Corrupt Practices Act, is a significant challenge for legal teams in India, particularly for companies operating in multiple jurisdictions.

Ensuring compliance with anti-corruption laws and regulations, such as the Prevention of Corruption Act and the Foreign Corrupt Practices Act, is a significant challenge for legal teams in India, particularly for companies operating in multiple jurisdictions.

• Data privacy and cybersecurity: With the increasing reliance on digital technologies, legal teams face the challenge of navigating India's evolving data privacy and cybersecurity laws to ensure that organizations meet their legal obligations in safeguarding personal data.
• Intellectual property protection: Intellectual property (IP) rights are critical for businesses, but enforcing and protecting these rights in India can be challenging due to issues such as lengthy legal processes, counterfeiting, and piracy.

Intellectual property (IP) rights are critical for businesses, but enforcing and protecting these rights in India can be challenging due to issues such as lengthy legal processes, counterfeiting, and piracy.

• Contract management: Managing contracts effectively is a crucial task for legal teams. However, the volume of contracts, varying legal requirements and the need for consistent monitoring and enforcement pose challenges in efficient contract management.

To address these challenges, legal teams need to stay abreast of legal developments, leverage technology for efficient legal operations and adopt proactive strategies to mitigate risks and ensure compliance with the law.

What tech tools or resources do you find most valuable in your day-to-day work as a legal officer?  

Some helpful legal tech tools and resources which are valuable for day-to-day work of legal officers include Contract management softwares, Compliance management softwares, Legal research Platform, Document automation tools etc. By leveraging these legal tech tools and resources, legal officers can optimize their workflow and mitigate risks for their organizations.

Looking ahead to 2024, what legal developments, trends, or challenges are top of mind for you? Why? 

In 2024, several legal developments, trends, and challenges are likely to be top of mind for legal teams in India. Some of these may include:

• Technology and data privacy: The rapid advancement of technology and the increasing reliance on digital platforms will continue to pose challenges related to data privacy, cybersecurity, and compliance with evolving regulations such as the Personal Data Protection Bill. Legal teams will need to stay updated on these developments and ensure that organizations are prepared to address data privacy concerns.
• ESG (Environmental, Social, and Governance) compliance: With a growing focus on sustainability and corporate social responsibility, legal teams will need to navigate the evolving landscape of ESG regulations and reporting requirements. This includes addressing environmental regulations, diversity and inclusion mandates, and ethical governance practices.

With a growing focus on sustainability and corporate social responsibility, legal teams will need to navigate the evolving landscape of ESG regulations and reporting requirements. This includes addressing environmental regulations, diversity and inclusion mandates, and ethical governance practices.

• Regulatory changes in emerging sectors: As India continues to focus on emerging sectors such as fintech, e-commerce, and healthcare, legal teams will need to monitor and adapt to regulatory changes specific to these industries. This may involve addressing issues related to licensing, consumer protection, data security, and competition law.
• Dispute resolution mechanisms: Given the backlog in the judicial system, legal teams may increasingly explore alternative dispute resolution mechanisms such as mediation and arbitration to expedite the resolution of legal disputes.

If you could leave our readers with one actionable piece of advice to advance their career or personal growth, what would it be? 

By consistently investing in your professional development and skill enhancement, you can position yourself for career advancement and personal growth, so never stop learning.