Question

Discuss the legal and regulatory environment of e commerce in india

Answer 1

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The logo of India's e-commerce firm Flipkart is seen in this illustration picture taken January 29, 2019.

REUTERS/DANISH SIDDIQUI

NEW DELHI/MUMBAI (Reuters) - India outlined a new draft policy for its burgeoning e-commerce sector on Saturday, focusing on data localisation, improved privacy safeguards and measures to combat the sale of counterfeit products.

The proposed overhaul, which would likely increase operating costs for the sector, comes two months after the country modified regulations governing foreign direct investment in e-commerce.

That forced retail giants Amazon.com Inc and Walmart-owned Flipkart to restructure their Indian operations, and the latest reforms spell further upheaval.

In the future, economic activity is likely to follow data," the widely expected draft policy document said. "It is hence vital that we retain control of data to ensure job creation within India".

The new rules call for the housing of more data centres and server farms locally, amid a broader push for data localization by the South Asian nation, which is one of the world's fastest-growing online markets.

India's central bank in 2018 forced payments providers such as Mastercard and Visa Inc to store Indian users' data locally.

"Steps will be taken to develop capacity for data storage in India," the draft e-commerce rules said. "A period of three years would be given to allow industry to adjust to the data storage requirement."

Flipkart and Amazon said they were going through the draft rules and will share their inputs with the government.

The proposed rules also seek the creation of a "legal and technological framework" that can help impose restrictions on the cross-border flow of data generated by users, moves that may affect not just e-commerce platforms but also social media firms such as Alphabet Inc's Google and rival Facebook Inc..

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Answer 2

The e commerce industry in India is governed by the IT Act, which is the principal legislation governing and regulating the use of internet in India. It acts as a watch dog for the usage of Internet in the country.

Explanation:

• The IT Act is the main governing body that  regulates the use of the internet in India. The IT Act governs all the online activities and other related aspects of e-commerce.
• It monitors the   electronically concluded contracts, cyber-crimes, internet surveillance and intermediary liability. It helps to resolve many legal issues and it facilitates  the e-commerce in the country.
• The main focus of this law is to regulate the use of new technology, innovation and their usage while implementing the new technological and scientific applications for the right to education.

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