E-Commerce & Digital Commerce Law

Overview

E-commerce businesses in India operate under an increasingly demanding regulatory framework: the Consumer Protection (E-Commerce) Rules 2020 as amended, FDI policy restrictions on inventory-based models, the Digital Personal Data Protection Act 2023, the IT Act 2000 intermediary liability framework, IT Rules 2021, sector-specific prohibitions, and GST compliance obligations for marketplace operators under Section 9(5) of the CGST Act 2017. The regulatory landscape continues to evolve rapidly — with the draft E-Commerce Policy and proposed amendments to consumer protection rules adding further compliance obligations. Corpus Juris Legal advises e-commerce businesses — marketplaces, direct-to-consumer brands, aggregators, and platform operators — on structuring their businesses to comply with current and anticipated regulatory requirements. Our advisory covers FDI policy compliance for marketplace versus inventory-based models, the establishment of legally compliant grievance redressal mechanisms, consumer protection obligations including mandatory display requirements, return policy standards, and CCPA obligations. For marketplace operators, we advise on the obligations flowing from the 2020 Rules — seller onboarding obligations, non-discriminatory listing requirements, flash sale restrictions, related-party disclosure obligations, and the appointment of mandatory compliance and nodal officers. For cross-border e-commerce, we advise on customs duty implications, GST on import of low-value goods, and FEMA remittance regulations for international payment processing.

Key Service Components

• ◆FDI compliance advisory for marketplace vs inventory-based e-commerce models
• ◆Consumer Protection (E-Commerce) Rules 2020 compliance programme
• ◆Seller onboarding agreements and marketplace terms of service drafting
• ◆CCPA compliance — consumer grievance redressal and mandatory disclosures
• ◆CGST Act 2017 Section 9(5) TCS obligations for marketplace operators
• ◆IT Rules 2021 compliance for e-commerce platforms as intermediaries
• ◆Cross-border e-commerce — customs, GST, and FEMA advisory
• ◆Flash sale, surge pricing, and dark pattern compliance advisory
• ◆Privacy policy and DPDP Act 2023 compliance for e-commerce platforms
• ◆Nodal officer, compliance officer, and grievance officer appointment and policy

Our Approach

We conduct a regulatory gap analysis against every applicable e-commerce regulation before drafting any compliance programme. Our approach is structured around what regulators actually scrutinise — not a theoretical checklist.

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