A handy guide on several rules & regulations that govern E-commerce development process. India is continuously evolving with the digital revolution becoming a vital part of the lives of people today. With the internet being easily accessible and affordable, all forms of business communications that occur are considered as e-commerce. The e-commerce development process has matured and has an array of platforms such as deliverance, online payments, service management and many more. Moreover, it is a challenging line of work which also involves legal issues. Michael Aldrich was an English innovator and entrepreneur who invented online shopping to enable online transaction processing between consumers and businesses, a technique known later as e-commerce. According to DIPP (Department of Industrial Policy and Promotion) new guidelines on FDI in e-commerce, 100% FDI under automatic route is allowed in the marketplace based on the business model of e-commerce. Though, FDI is not allowed in the inventory based business model of e-commerce.
The IT (Indian Information Technology) Act also provides legal recognition to digital signature and e-records which are the prime steps to aid e-commerce. Under this Act, the MeitY (Ministry of Electronics and Information Technology) has appropriate rules for practical security practices, procedures, sensitive personal information, and data. Let’s take a look at some of the below mentioned legal issues: 1. E-Contracts It is important to understand both the Indian Contract Act and the IT Act in conjunction with the legal validity of e-contract in the e-commerce development process. Since the operations take place online, it is crucial to state that individual with whom it is entering into the e-contract and has attained the age of majority. 2. Data Safety While providing e-commerce website development solutions, security should be the number one concern. The Information Technology Rules, 2011 and the Section 43A of IT Act jointly offer specific guidelines for the protection of data. The company has to be extremely careful and take proper precautions to prevent any damage, corruption or loss of private information or data. 3. Intellectual Rights E-commerce website development and design are sometimes managed by third parties. This is where a proper agreement between parties for IP rights, trademark and copyright should be taken care in an accurate manner. 4. Competition The field of e-commerce has seen legal issues in terms of collaboration and acquisitions in abundance among individuals both in the new generation as well as seasoned players. This has garnered new development, a distribution courses and limitless possibilities than ever before. This could lead to competition issues with regard to strategies for advancing the network and maintaining supreme power in the market. 5. Additional Lookouts
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December 2019
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