Electronic commerce (e-commerce) in India is witnessing a rapid growth. As more and more business entities and entrepreneurs are becoming aware of the benefits of online presence and brand promotion and protection in India, e-commerce has become a popular method of doing business. Even domain name protection in India has assumed significance due to this reason.We have no dedicated e-commerce laws in India. However, the information technology act 2000 (IT Act 2000), which is the sole cyber law of India, is regulating the e-commerce business and transactions in India. Internet intermediaries liability in India under the IT Act 2000 is very stringent.
For instance, the e-commerce players can be held liable for online infringement of copyright in India of the copyright owners. Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in. The present laws of India are stringent in nature and subsequently claiming ignorance of such laws would not make much difference.
Further, e-commerce regulatory requirements are techno legal in nature that very few can understand. For instance, Perry4Law is the exclusive techno legal ICT and IP law firm of India and world wide. Among other areas, techno legal services pertaining to e-commerce litigation, consultancy, corporate advisory, contract drafting, etc are by Perry4Law.
Presently, very few lawyers in India familiar with technological aspects in general and e-commerce laws in particular. Lawyers in India need to upgrade their skills and knowledge in the upcoming fields like cyber law, e-commerce, etc.
For e-commerce entrepreneurs and business houses, Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce site or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India.
A failure to do proper cyber due diligence before opening an e-commerce portal in India may be counter productive and attract fines, penalties and criminal sanctions. It is better if a proper legal due diligence has been done in this regard before opening the e-commerce business in India.
