Representations alleging violations of extant laws by e-commerce companies, have been received. In this regard, representations received are being examined by Department for Promotion of Industry and Internal Trade (DPIIT) and certain alleged contraventions under the FDI Policy, are also being investigated against certain e-commerce retail companies under provisions of Foreign Exchange Management Act, 1999 by the Directorate of Enforcement. Further, several complaints against e-commerce entities, including related associate/holding companies etc, which are operating as marketplace platforms, online sellers/service providers, search engines service providers operating in different verticals etc, regarding anti-competitive behavior, are being looked into by Competition Commission of India.

In order to provide clarity to the extant FDI Policy on e-commerce, DPIIT, had issued Press Note 2 of 2018 on 26.12.2018. However, no specific instructions have been provided by DPIIT to any e-commerce foreign companies having FDI, operating in Retail Sector. Department of Consumer Affairs, has released the Consumer Protection (e-commerce) Rules, 2020 on 23.07.2020, to clarify liability on e-commerce entities for goods/services provided. Mandatory declarations specifying country of origin, have also been imposed as requirement for e-commerce entities under the Legal Metrology (Packaged Commodities) Rules, 2011 as per O.M. WM-7(7)/2020 dated 03.07.2020 by Department of Consumer Affairs.

This information was given by the Union Minister of Commerce and Industry, Shri Piyush Goyal, in a written reply in the Lok Sabha today.

E commerce regulation: investigations under FDI/FEMA alongside consumer rules clarifying platform liability and origin labelling obligations. Multi agency scrutiny of e commerce firms includes DPIIT examination and a previously issued Press Note to clarify FDI policy; investigations under the Foreign Exchange Management Act by the Directorate of Enforcement for alleged FDI contraventions; and Competition Commission probes into alleged anti competitive conduct. Separately, the Consumer Protection (e commerce) Rules, 2020 define platform liability, and a Legal Metrology office memorandum requires country of origin declarations for packaged commodities.