E-commerce players in India are still not adhering
to e-commerce
laws and regulations of India. According to business
structuring of e-commerce in India: legal research report by
Perry4Law, e-commerce players of India and abroad must
comply with many techno legal issues to work in a legal manner.
For instance, Indian
e-commerce, FDI regulations and cyber due diligence are
still not complied with by many national and international e-commerce
players. Even foreign direct investment (FDI), taxation and other
regulations are not followed by many national and international
e-commerce players in true letter and spirit.
For instance, Indian government has already referred
the cases of Flipkart and Bharti Walmart to the Enforcement
Directorate for alleged violation of foreign direct investment
(FDI) regulations. Similarly, a probe
against Walmart in India for market access lobbying has
been ordered by Indian government.
E-Commerce
Laws and Regulations in India and FDI Regulations are two
of the most common Regulations governing E-Commerce in India, says
Praveen Dalal, managing partner of ICT law firm Perry4Law.
While Indian and International E-Commerce players are well aware of
FDI Regulations yet E-Commerce Laws of India are still not followed
by and large, opines Dalal.
Cyber
law due diligence in India is another area that e-commerce
and online shopping platforms must take care of. Cyber
law due diligence for Indian companies is one of the most
frequently litigated aspect in India. Lack of cyber law awareness and
cyber due diligence awareness is the main reason that many websites
and companies have found themselves in the net of Indian
laws.
Online shopping and e-commerce in India must be encouraged but at the same time legal and cyber security issues must also be taken seriously. Online payment players and e-commerce stakeholders must keep these aspects in mind while doing business in India. There is no sense in ignoring legal issues of online shopping in India.
