In the Google France case the Court ruled that a service provider could only benefit from the safe harbour if it is neutral, in which case the activity is "of a mere technical, automatic and passive nature", which implies that that service provider "has neither knowledge of nor control over the information which is transmitted or stored. Derogations to this principle are possible on a strict case-by-case basis under the conditions set out in Article 3 e-Commerce Directive, also referred to as the notification mechanism. For this reason all standards which apply outside the internet can also be utilized here, in legal terms. [7], In 2017, the largest e-commerce companies in India were Flipkart, Snapdeal and Amazon. This regulation is seen as a counter to Amazon and Walmart's influence on the market, which have given smaller traders a disadvantage in the market. does not select or modify the information contained in the transmission. collaborative economy services or online advertising.[19][34]. [18] The e-Commerce Directive does not provide a definition for intermediary service providers; rather it provides for specific types of activities to be conditionally exempted from liability, specifically: Only when a service falls under one of the specific activities can it be exempted from liability. In the Uber Spain case it ruled that Uber is not an information society service, but rather a service in the field of transport as its "intermediation service must be regarded as forming an integral part of an overall service whose main component is a transport service". Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States. [9] With these case, the Court has taken a case-by-case approach in determining whether services in the collaborative economy can be classified as information society services. In essence, this means that it is prohibited to require from intermediaries that they actively seek facts or circumstances indicating illegal activity. [23][24][25][26] These cases have provided further information on the conditions under which the safe harbor is to apply. The exemptions in the e-Commerce Directive have a horizontal scope, covering all types of illegal content (e.g. Electronic … Nupur Khandelwal. E-commerce definition. ", "Fund-raise values Flipkart at $10 billion", "Flipkart raises $160M more from Morgan Stanley, Vulcan Capital, Tiger Global, others", "PepperTap raises $36 million in fresh round of funding, led by Snapdeal", "Online beauty platform Purplle raises $30 m in Series-C round", "E-commerce: Niche online ventures going where biggies of Amazon, Flipkart can't", "Royal Enfield's 'Despatch' sold out in 26 minutes", "Sahil Makhija: "At some point, a T-shirt will always outweigh a CD, "Arvind lines up select brands for online retail", "VoxPop Clothing raises $1 million to expand portfolio with higher margins", "Mahindra Retail to integrate e-commerce business to single platform", "Godrej Nature's Basket buys online grocer Ekstop.com", "Indian e-commerce market sees M&A deals worth $2.1 billion in 2017", "Snapdeal buys e-commerce management firm Unicommerce", "Snapdeal buys Freecharge for $400m - Times of India", "Flipkart acquires UPI-based payments start-up PhonePe", "Flipkart acquires former executive's startup PhonePe for payments push", "Flipkart-owned Myntra acquires Jabong for $70 mn - Times of India", "Axis Bank acquires FreeCharge for Rs 385 crore", "What Walmart's Flipkart acquisition means for India, consumers and its arch-rival Amazon", "Zomato acquires Uber Eats for Rs 2,485 crore", "Amazon and Flipkart face uncertainty as India readies new rules for foreign ecommerce companies", "New India E-Commerce Rule Undermines Expansion of Foreign Companies Like Amazon and Walmart", "New e-commerce rules in India may hit Amazon and Flipkart", https://en.wikipedia.org/w/index.php?title=E-commerce_in_India&oldid=993149316, Articles with a promotional tone from November 2017, Creative Commons Attribution-ShareAlike License, This page was last edited on 9 December 2020, at 01:37. [1], In the 90's, when the general public started using the internet on a larger scale, the European Commission decided to set up a framework to remove obstacles to cross-border online services in the Internal Market. [11] According to Google India, there were 35 million online shoppers in India in 2014 Q1 and was expected to cross 100 million mark by end of year 2016. E-commerce markets are growing at noticeable rates. [19], After nearly 20 years of cases from the European Court of Justice, a complicated and sometimes conflicting body of case law remains. [27] Article 14(1) of the e-Commerce Directive does not specify further what type of services constitute hosting. This type of trade has … [45], In February 2014, online fashion retailer Myntra.com raised $50 million from a group of investors led by Premji Invest, the investment company floated by Azim Premji, Chairman of Wipro. [28] From February 2020 to June 2020 during the Covid19 lock-down period, e-commerce increased by 117% with the delivery of only essential supplies that is now bigger than the pre-Covid19 level. the provider does not modify the information; the provider complies with conditions on access to the information; the provider complies with rules regarding the updating of the information, specified in a manner widely recognized and used by industry; the provider does not interfere with the lawful use of technology, widely recognized and used by industry, to obtain data on the use of the information; and. Tier-3 markets are showing 53% year on year growth with higher internet penetration and connectivity. Consumers are also diversifying their purchasing option from large scale e-commerce channels like Amazon or Flipkart to specific retail brand websites. Article 12 of the e-Commerce Directive contains the safe harbor for mere conduit. Many of them like Dhingana, IndiaPlaza.in, eBay-India, Rock.in, Seventy MM amongst others had to close down[33] or change their business models to survive. As many as 1,06,086 websites are registered daily and more than 25% are for niche businesses. Electronic commerce … E-commerce E-commerce (electronic commerce) became a global concept, which refers to the use of information and communication technologies (ICT) to manage inter-business or inter-organizational … … [14] Under this mechanism, a Member State has to take the following steps when it intends to act against an information society service established in another Member State: Article 3 does not apply to intellectual property rights, consumer contracts, freedom of parties to choose the applicable law, the validity of contracts in real estate and the permissibility of unsolicited commercial communications by electronic mail. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. [32] This has been further substantiated by the European Commission in the Commission Recommendation on measures to effectively tackle illegal content online. Member States in which the online service provider provides its services must therefore refrain from applying national legislation. [14] According to Google India Research in 2016, by 2021 India is expected to generate $100 billion online retail revenue out of which $35 billion will be through fashion e-commerce. Literally anyone can have their pages built to display their specific goods and services. the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information. Flipkart surpassed 1.5 billion visits per month with 45% growth in monthly active user while 30% growth in transaction per consumer. providing transmission of information via communication networks, online hosting, providing access to a communication network, etc. [6] The provisions of the e-Commerce Directive thus apply to certain activities or services and not to a specific category of providers. [21][22] The Directive does not set out any procedural obligations for notice and takedown, but Member States have the possibility to establish their own conditions for procedures.[22]. [5], In India, cash on delivery is the most preferred payment method, accumulating 75% of the e-retail activities. [5] An information society service is defined as "any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service". [28], Article 14(1) contains two distinct knowledge standards (i) "actual knowledge" and (ii) "awareness of the facts or circumstances from which the illegal activity or information is apparent" or constructive knowledge. Academic year. E-BUSINESS VERSUS E-COMMERCE E-business E-commerce 1)It has a broader meaning. University of Rajasthan. [38] McCoy Mart partnered with Rossari Biotech Ltd to sell hand sanitizers. [11] The mere presence and use of technical means and technologies does not constitute in itself an establishment of the provider. India's e-commerce market was worth about $3.9 billion in 2009. Non grocery eCommerce penetration will be 16.1 percent by 2021. 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