E-commerce
businesses structuring in India is the latest concept in
India. Thanks to the flourishing usage of information and
communication technology (ICT) in India, e-commerce entrepreneurs
have started exploring this avenue. However, practical difficulties
and legal hassles are still troubling Indian e-commerce players. In
this very useful techno legal research report made by Perry4Law,
it has shared the techno legal aspects of e-commerce rules and
regulations of India.
E-commerce
laws and regulations in India are still developing. In the
meantime, the Indian Parliament has permitted use of foreign direct
investment (FDI) in multi-brand retail during the winter session of
Parliament (December 2012). This would definitely help in
streamlining of e-commerce
environment of India. However, there are many issues that
must be resolved by e-commerce entrepreneurs of India.
The first issue that any e-commerce entrepreneur may
face is to determine the legal
formalities required for starting e-commerce business in India.
Once this is understandable, the subsequent step is to determine the
legal
requirements to start an e-commerce website in India. Both
these issues need sound techno legal understanding that very few
e-commerce
law firms of India possess.
Some of the troublesome legal issues surrounding e-commerce business setup and structuring in India embrace areas like pharmaceuticals, online shopping, online pharmacies trading in banned drugs, electronic trading of medical drugs, digital communication channels for drugs and healthcare products in India, e-commerce dispute resolution, online dispute resolution for cross border e-commerce transactions, e-health laws and regulations in India, etc.
Further, with the
approval for FDI in retail sector of India, the labour laws of India
would also be required to be suitably adapted. Even an efficient
dispute resolution mechanism among investors and consumers must be
established in India.
Establishment of e-courts
and use of online
dispute resolution in India can further help in
reformation of the dispute resolution procedure for e-commerce
disputes.
However, e-commerce players in India must keep in
mind the requirements of various laws of India while doing e-commerce
business. For instance, the cyber
law due diligence in India is very severe and its
disobedience can bring civil, criminal and financial consequences. In
fact, non observance of cyber
due diligence by Indian companies has been agitated in
Indian courts very frequently.
Perry4Law suggests that all present and future
e-commerce players of India must go through a methodical techno legal
due diligence to evade any legal penalty. Similarly, we recommend
that before entering into e-commerce business field, the e-commerce
players must seek advice from capable lawyers/law firms in this
regard.
About Perry4Law
Perry4Law is the Exclusive Techno Legal Corporate,
IP And ICT Law Firm of India that is providing domain specific
services on Corporate, IP and ICT matters such as Banking and
Finance, Business Setup, Corporate and Commercial Advisory, etc. See
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