E-Commerce Regulatory Services
Whether you're a startup launching a new innovative digital venture or a technology based product or service provider, or an established marketplace scaling operations, we combine legal precision with a deep understanding of digital business models and deliver clear, commercially focused solutions to your issues and helps you operate your business in compliance with regulatory aspects.
We help e-commerce and platform-based businesses set up and scale up their operations compliantly, at the same time, mitigating regulatory risks and operating securely in a fast-moving digital marketplace. We extensively advise on entity structuring, including regulatory considerations pertaining to foreign direct investment while setting up business, under the Foreign Exchange Management Act, 1999; crystalizing business processes as well as flow of transactions, including the attribution of roles and responsibilities of all relevant stakeholders, in view of the regulatory requirements under the Information Technology Act, 2000, the rules thereunder – such as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, so as to help clients who act as intermediaries, in understanding their statutory roles and responsibilities, enable them in formulating checks and balances, including audit mechanism, so as to discharge due diligence for being eligible for the statutory limitation of liabilities and minimize overall risks and potential exposure.
We help in drafting and negotiating a broad spectrum of IT-related agreements, including:
Software licensing and SaaS agreement, Technology transfer contracts, Platform usage terms and cloud service agreements, Terms and conditions of use for website/ mobile-app, Vendor agreements and affiliate agreements, end-user license agreements, logistics contracts, and other platform-specific arrangements, so as to ensure clarity, enforceability, and risk mitigation and comply with statutory requirements, Information Safety, Security & Privacy policy, adhering to the requirements of the Information Technology Act, 2000.
Advising on compliance with the Consumer Protection (E-Commerce) Rules, 2020, and assisting in implementing fair trade practices, grievance redressal mechanisms, and transparent disclosures, including drafting and implementing Customer Grievance Redressal and Dispute Management policy, adhering to the RBI instructions on Turn Around Time for resolution of failed transactions (in case of a prepaid payment instrument operator).
Guidance on content and product listings, pricing policies, influencer marketing, and compliance with legal metrology and advertising standards, on digital platforms.
If you are a technology player, seeking to carry out any financial services related activities, which requires a regulatory license, from any Financial Service Regulators (FSR), namely — Reserve Bank of India (“RBI”), Securities and Exchange Board of India (“SEBI”), Insurance Regulatory and Development Authority (“IRDAI”), Pension Fund Regulatory or Development Authority (“PFRDA”), we are well placed to assist you in applying for such registrations, licenses and approvals as well as in supporting you in ongoing compliance requirements.
Assisting with filings, replies and responses to routine notices from regulatory authorities, such as the Computer Emergency Response Team (“CERT-In”), SEBI, RBI, IRDA, etc. as well as advising on dispute prevention and resolution strategies in relation to users, vendors, and government stakeholders.
