Electronic commerce (e-commerce) has become a very
remunerative field in India these days. However, the legal aspects of
e-commerce in India are still evolving. In this techno legal research
report made by Perry4Law,
India’s exclusive techno legal ICT and e-commerce law firm of
India, it has shared the techno legal aspects of e-commerce rules and
regulations of India.
E-commerce
laws and regulations in India are still evolving.
Meanwhile, the Indian Parliament has allowed foreign direct
investment (FDI) in multi-brand retail during the winter session of
Parliament (December 2012) that would also help in streamlining of
e-commerce
environment of India.
The first issue that any e-commerce entrepreneur may
face is to ascertain the legal
formalities required for starting e-commerce business in India.
Once this is clear, the next step is to ascertain the legal
requirements to start an e-commerce website in India. Both
these issues require sound techno legal knowledge that very few
e-commerce
law firms of India possess.
Some of the vexing legal issues surrounding e-commerce business setup and structuring in India include 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 modified. Even an effective
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
streamlining the dispute resolution procedure for e-commerce
disputes.
However, e-commerce players in India must keep in
mind the mandates of various laws of India while engaging in
e-commerce business. For instance, the cyber
law due diligence in India is very stringent and its
defiance can bring civil, criminal and financial consequences. In
fact, non compliance of cyber
due diligence by Indian companies has been agitated in
Indian courts very often.
Perry4Law suggests that all present and future
e-commerce players of India must go through a thorough techno legal
due diligence to avoid any legal consequences. Similarly, we
recommend that before entering into e-commerce business sphere, the
e-commerce players must consult 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
Perry4Law’s
Services for more details.
