E-Commerce Law

E-Commerce Law Consulting

 

E-Commerce Lawyer for Startups, Investors and Emerging Businesses

Electronic Commerce, often called eCommerce refers to buying and selling goods and services via electronic means. Today, it is the "buzzword" in the startup space of cloud computing, internet of things (IoT), big data, blockchain, cryptocurrency and apps. Hundreds of companies are pushing themselves into the online business marketplaces (Amazon Seller) serving millions of customers. Yet, the laws and the regulations governing various aspects of e-commerce transactions are not up to the proportional speed and growth of the e-commerce sector. In fact, if your startup is venturing into a new ecommerce business, or expanding from traditional retail to an online marketplace, you need someone who is well-versed not only in law but also the technology behind it. You need to go beyond factoring legal aspects and venture into incorporating the advisory & counselling into the business environment that sets comprehensive legal safeguards for your business In fact, as an experienced e-commerce lawyer, the strategies I'm going to share will provide a comprehensive view on all matters related to the e-commerce industry, and probably, make your online startup avoid some of the costly mistakes. Let’s get right into the strategies. [ez-toc]  

Become a fully-compliant business entity with the help of expert ecommerce lawyer.

E-commerce is one of the most effective sources of business nationally and internationally. It provides start-ups and entrepreneurs seemingly countless new opportunities to increase sales and open up new sales markets. However, there is a great deal of legal complexity and tax compliance formalities compared to the offline retail commerce. Amazon Seller, Flipkart, Swiggy, Dunzo... If you run your website or your website on Amazon, Flipkart, or SnapDeal, you have to observe numerous legal regulations. In addition to the classic terms and conditions as well as the guarantee rights known from the "real" economic life, there are many special regulations for the Internet and especially for the retail trade. eCommerce Law and Technology Law Specialists We have a team of cyber law consultants, e-commerce specialists and IP lawyers that specialize in advising on new technologies, adaptation and review legal aspects of websites and e-commerce. We guide you safely and successfully through the regulatory wilderness of eCommerce. We have expertise in designing individual terms and conditions for the right of withdrawal or revocation, developing highly complex and demanding technical ordering and sales processes.
  • Indian Contract Act, 1872
  • Indian Copyright Act, 1957
  • The Patents Act, 1970
  • Intellectual Property Issues
  • Labour laws
  • Comprehensive legal support to ecommerce businesses: Consultation and assistance to e-commerce and retail companies incorporate commercial issues such as FDI Regulations, Tax implication, and Intellectual Property law issues, etc.
  • Legal audits: Our technology lawyers conduct regular legal audits and legal health checkups to identify the legal requirements applicable to e-commerce businesses.
  • Regulatory compliances: Our team monitor and track various compliances relating to e-commerce laws, both domestic and international, particularly as per the EU e-commerce directive.
  • Commercial contracts and agreements: Licensing, agreements, Supply and Distribution contracts, Vendor Contracts, Internet Contracts, Loyalty Program Agreements, Confidentiality agreements, joint venture Agreements, Lease Agreement, etc.
  • Legal Documents for Websites and Mobile Apps: Drafting of Terms and Conditions, Terms of Use, Privacy Policy, among other like agreements/documents
Wide-range of Ecommerce law services:
  • Consultation on Mergers and Acquisitions, Incorporation and registration related issues.
  • Consultation on labelling, packaging, legal metrology, and censorship rules and regulations.
  • Check for changes to the law - Price Regulation, Product Labelling & Packaging Ordinance
  • Legal advice in all areas which affect the project (right new technologies, corporate law, tax law).
  • Advice on contract logistics services, making use of a network prior contacts with carriers that offer the best conditions and prices to customers.
  • Examination of marketing campaigns - Newsletter Advertising, Social media channels, Sweepstakes
  • Consultation on Information Technology Laws issues such as online payment processing (national and international sellers), e-wallet, e-KYC, cyber security, etc.
  • Consultation on other Important Laws for e-commerce and retail business such as Labour and Employment Law, Food Safety Law, Consumer Protection Law, Anti-Trust Law, etc.
  • Contracts with manufacturers and suppliers
  • Creation and testing of contracts with providers, hosting partners, etc.
  • Prosecution of breaches of competition
  • Legal review of the market behavior of competitors
  • Due Diligence for appointment of agents and distributors;
  • Judicial proceedings for enforcement
  • Defense of unjustified allegations of violations
  • Defense of unauthorized warnings
  • Consultation on digital forensics
  • Protective measures against interim injunctions
  • Representation in proceedings

Laws that regulate the businesses online.

  • Manufacturing Sector: Obtaining bar codes, IEC (Import-Export codes), obtaining approvals under Food Security Act, Packaging of Commodities Rules, 1977, Food Adulteration Act, regulations for import and export of commodities, labelling, and packaging of products, etc;
  • Laws governing businesses in India: Foreign Direct Investment Policy, Foreign Exchange Management Act, 1999, Companies Act, 2013, Legal Metrology Act, 2009 read with Legal Metrology (Packaged Commodity) Rules, 2011 Sales, Shipping, Refunds and Returns and Other regulations

Protect consumer data, privacy & company's confidential data.

  • Dedicated Outside Cyber Security Counsel: Security breaches, hacks, malware, and customer data leaks are increasing every day. Therefore, your company will need to have a dedicated and expert cybersecurity counsel for consultation and advisory to strengthen the system.
  • Intellectual property rights: According to IP experts, setting up a proper legal paperwork on copyright, trademark and patent rights from the start will go a long way in protecting the brand image and reputation from possible infringements. For example, drafting a Code of Conduct (CoC) document helps the employees, vendors & partners to respect the terms of the intellectual property rights.
  • Registration of Trademarks, Patents, Copyrights: All IPR related works including registration of trademark and patent for the companies, drafting licensing and assignment agreements for trademark and patents. Other IP services such as Domain Name acquisition and Strategies to protect IP and proprietary rights.
  • E-commerce & Cybersecurity advisory: Routine legal & regulatory advisory on matters relating to managing trade secrets, applying for necessary patents, trademarks and other intellectual property rights and setting up a robust system to manage and monitor the IP assets. Consultation on EU General Data Protection Regulations, Data Privacy, Cross-border movement of data and other privacy-related issues.
  • Consumer protection: We draft strict guidelines to adhere to the consumer protection laws to avoid risk of fines due to violation of consumer rights. There's a clear correlation between compliances of consumer protection and better online reputation.
  • Laws governing cyber laws in India: Information Technology Act, 2000, Information Technology (Intermediaries Guidelines) Rules, 2011, Information Technology Act, 2000 (IT Act), General Data Protection Regulations (GDPR) and Consumer Protection Act, 2013.

Plan for taxes on cross-border transactions.

  • International taxation advisory: We provide an integrated strategic approach towards assessment and analysis of taxation on cross-border transactions.
  • Legal structures and safeguards for third-party payment gateway: Successful ecommerce business rely upon efficient and legally compliant 3rd party payment gateway providers. Having experience in digital transactions, we can assist in identifying suitable providers of payment services, particularly where credit cards are used within the framework of electronic commerce.
  • Laws governing tax laws: Income Tax Act, 1961, Double Taxation Avoidance Agreement and Good and Services Tax, Payment and Settlement Act, 2007 and other RBI regulations on payment mechanisms,
For a free initial legal consultation with an E-Commerce Lawyer, please contact our Bangalore E-Commerce Lawyer today to listen to your case to determine the proper course of action for the drafting of contracts and agreements, tax requirements, protection of information, compliance with data protection requirements, and international agreements disputes. We have offices in Bangalore, Chennai, and Mumbai. We represent clients throughout India. To schedule a consultation with a member of our team, fill out our contact form online.