Consumer Protection (E-Commerce) Rules 2020

Safe Harbour Protection for E-Commerce platforms

In recent times, the debate around safe harbour protection has grabbed media attention on account of the recently notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Intermediary Rules), and the ensuing spat between the Government and social media heavyweights like Twitter.


Continue Reading Safe Harbour Protection for E-Commerce platforms

Consumer Protection E-commerce Rules – The EduTech Impact

Background

The last few years have seen customers and industry alike benefit from their increased focus on digital platforms in a changing world. Education technology, which is a prominent business vertical of the education sector, stands out for diversifying the means of learning and teaching to an extent that both students and parents have accepted online teaching models as supplement to the formal education system. While the Edutech space was steadily gaining traction, Covid’s sudden impact on physical learning afforded this sector an unparallel opportunity. The approximately USD 800 million investment into the sector in the first six months of 2020 justifies the narrative of emerging as the `next big thing.’
Continue Reading Consumer Protection E-commerce Rules – The EduTech Impact 

Consumer Protection E-Commerce Rules - Need for More Clarity Blog

The Ministry of Consumer Affairs, Food and Public Distribution has, on July 23, 2020, notified the Consumer Protection (E-Commerce) Rules, 2020 (“Rules”) under the Consumer Protection Act, 2019 (“Act”), with an intent to prevent unfair trade practices in e-commerce and protect interests and rights of consumers.

Scope and Applicability 

The Rules are intended to apply to (i) all goods and services bought or sold over digital or electronic networks, (ii) all models of e-commerce, and (iii) all formats of e-commerce retail, with the exception of natural persons transacting in their personal capacity (which is not part of any professional or commercial activity undertaken on a regular or systematic basis). In the absence of any guidance on what ‘regular or systematic basis’ means, a plain reading of this exclusion makes it very narrow.

The Rules govern e-commerce entities (“Platforms”), which own, operate, or manage, a digital or electronic facility or platform for electronic commerce, and sellers of products and services.
Continue Reading Consumer Protection E-Commerce Rules: Need for More Clarity