As e-commerce has gained significant momentum in India, it has also become a heavily regulated industry. E-commerce companies in India must prioritize compliance with relevant regulations to avoid any legal issues and maintain their customers’ trust. By following best practices for compliance, e-commerce companies can build a reputation as responsible and trustworthy players in the market.
In this article, we’ll discuss some key compliance regulations and practices that e-commerce companies in India should consider implementing to stay on the right side of the law and maintain their business operations. (Read also: 10 Critical tasks performed by Chartered Accountants)
- Registration requirements
E-commerce companies in India must comply with registration requirements under the Companies Act 2013, which mandates that all companies be registered with the Registrar of Companies (RoC). The RoC registration process includes submitting various documents, including the company’s Memorandum of Association (MoA), Articles of Association (AoA), and other incorporation-related documents.
- Payment Card Industry Data Security Standard (Known as PCI DSS) Compliance
To process online payments securely, e-commerce companies in India must comply with the Payment Card Industry Data Security Standard (PCI DSS). PCI DSS compliance helps to ensure that customers’ sensitive payment card information is protected from unauthorized access and fraudulent activities. Failure to comply with PCI DSS requirements can lead to hefty fines and legal action.
- Cyber security and data protection
Cybersecurity and data protection are crucial concerns for e-commerce companies in India. Companies must adhere to the IT (Reasonable Security Practices & Procedures and Sensitive Personal Information) Rules, 2011, which mandate that companies implement reasonable security practices to protect customers’ sensitive personal data or information. E-commerce companies should also implement firewalls, encryption techniques, and other security measures to prevent data breaches and cyberattacks.
- Goods and Services Tax (GST) Compliance
E-commerce companies in India must comply with the Goods and Services Tax (GST) regulations, which mandate tax collection on all online transactions. Companies must obtain a GST registration number, charge and collect the appropriate GST tax, and file GST returns regularly. Failure to comply with GST regulations can lead to heavy fines and legal action.
- Consumer protection laws
E-commerce companies in India must comply with various consumer protection laws, including the Consumer Protection Act 2019 and the Indian Contract Act 1872. These laws mandate that e-commerce companies provide accurate product descriptions, honor warranty commitments, and resolve customer complaints promptly.
- Intellectual Property Rights (IPR)
E-commerce companies in India must also comply with intellectual property rights laws. Companies must ensure that they are not infringing on the trademarks or copyrights of other companies or individuals. It is vital to take the necessary steps to obtain licenses or permission to use any intellectual property belonging to others.
- Advertising standards
E-commerce companies in India must comply with advertising standards set by the Advertising Standards Council of India (ASCI). ASCI regulates the content of advertisements, ensuring that they are not misleading or offensive. Companies should avoid making exaggerated claims or false statements about their products and services in their advertisements.
- Logistics and shipping regulations
E-commerce companies in India must comply with logistics and shipping regulations set by the Department of Posts and other relevant authorities. Companies must ensure that they are correctly packaging their products and that shipments are delivered to customers within the promised timelines. Companies must also ensure that they comply with customs or import/export regulations that apply to their products.
This content is meant for information only and should not be considered as an advice or legal opinion, or otherwise. AKGVG & Associates does not intend to advertise its services through this.