Draft e-commerce policy moots conformity assessment procedures for online platforms

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These procedures are related to testing, verification and certification of goods and services, among others

Conformity assessment procedures will be put in place to verify that goods and services sold on e-commerce platforms meet required standards and technical regulations, according to the draft e-commerce policy.

The policy, which is under discussion, also stated that actions and things which cannot be done by the online platform entities “can also not be done” by any of its associates and related parties.

Government may, from time to time, notify parties which fall in the definition of associates and related parties, it said.

“Conformity assessment procedures will be put in place in order to verify that goods and services sold, on e-commerce platforms, meet required standards and technical regulations, as prescribed by sector specific regulations/rules,” the draft said.

These procedures are related to testing, verification and certification of goods and services, among others.

It also said that a long-run endeavour will be to convert GeM (Government e-marketplace) into a marketplace where “ordinary consumers” could procure, increasing the efficiency in the Indian economy.

Currently, only the government departments and agencies are allowed to procure goods and services from the GeM portal.

According to the draft policy, an e-commerce operator operating in marketplace or hybrid mode will have to manage its relationship with sellers on its platform in an agnostic manner and without being partial to any of its sellers.

It has talked about areas like definition of e-commerce, code of conduct, creation of conducive environment, enhancing exports, monitoring, meeting regulatory challenges of the sector, handling of data, free and informed choice of consumers, fair competition, anti-counterfeit and anti-piracy.

Last week an inter-ministerial meeting chaired by officials of Department for Promotion of Industry and Internal trade (DPIIT) had discussed this draft.

The draft has defined e-commerce as the business activities of sale, marketing, distribution of goods or provision of services through the Internet or other information networks and it would be equally applicable to entities with foreign and domestic investments.

“An e-commerce operator shall mean any entity that is engaged in the operational activities of selling goods or providing service through the internet and other information network, including e-commerce platform operators, operators on platform and e-commerce operators selling goods or providing service via their self-built website or other web service,” it added.

Further it has stated that the government will work towards streamlining of regulatory processes to ease the burden of compliance for activities related to e-commerce.

The government would endeavour to bring offline sellers online and provide support for aiding computerization, digital payment enablement and on-boarding of those sellers that currently do not have such facilities.

“Back-end channel integration and hyper-local models are important ways in which growth of the sector can be inclusive and will be encouraged, so as to integrate advantages of the offline retail trade with those of online sale,” it said.

To promote exports through the e-commerce medium, the draft has stated that steps will be taken to provide online lending, credit rating, finance, and transportation support to SMEs through private and public sector banks.

The digital integration of multiple interfaces such as Central Board of Indirect Taxes and Customs (CBIC), Department of Posts (DoP), Directorate General of Foreign Trade (DGFT) and Goods and Service Tax Network (GSTN) for facilitating e-commerce exports shall be undertaken, it added.

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Govt Asks Amazon, Flipkart to Treat All Sellers Equally in Draft E-Commerce Policy

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India will require e-commerce firms to treat sellers equally on their platforms and ensure transparency, according to a draft policy seen by Reuters on Saturday that follows criticism against business practices of big online companies. India has been deliberating a new e-commerce policy for months amid complaints from brick-and-mortar retailers who allege online giants like Amazon and Walmart’s Flipkart flout federal regulations. The companies have denied the allegations.

A Reuters special report last month revealed that Amazon has for years given preferential treatment to a small group of sellers on its India platform and used them to circumvent the country’s foreign investment rules. The latest draft of the policy document says operators should be impartial in their dealings with sellers. “E-commerce operators must ensure equal treatment of all sellers/vendors registered on their platforms and not adopt algorithms which result in prioritising select vendors/sellers,” it says.

A spokesman for the commerce ministry declined to comment.

The policy will apply to Amazon and Flipkart – two top e-commerce players in India – as well as domestic players like Reliance Industries, which has plans to expand its JioMart online platform. All three firms did not immediately respond to a request for comment. Separately, India is also considering changes to foreign investment rules that could prompt players including Amazon to restructure their ties with some major sellers, Reuters reported in January. Government officials are set to hold talks next week with industry executives on such rules, according to people with direct knowledge.

On Saturday, top government officials from various departments, including the commerce ministry, met to discuss the e-commerce policy. The timeline of publication and whether it will be subject to further changes were not immediately clear. Indian traders have also complained about steep discounts offered by online companies which smaller retailers have not been able to match. Amazon and Flipkart have said they comply with all laws. E-commerce firms must “bring out clear and transparent policies” on online discounts, the draft document says.

The Reuters special report last month – based on internal Amazon documents dated between 2012 and 2019 – showed the company helped a small number of sellers prosper on its India platform, giving them discounted fees and helping one cut special deals with big tech manufacturers. Amazon has said it “does not give preferential treatment to any seller on its marketplace,” and that it “treats all sellers in a fair, transparent, and non-discriminatory manner.”

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Draft e-com policy moots safeguards against data misuse

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The government plans to lay down principles for usage of data for the development of any industry, where such norms do not already exist, and put in place adequate safeguards to prevent misuse and access of data by unauthorised persons, according to a draft national e-commerce policy.

The government is in the process of developing regulations for personal and non-personal data, the policy, which is under discussion, said.

The draft stated that sharing of data for industrial development would be encouraged and regulations for data would be provided for the sharing mechanism.

According to the draft, the government acknowledges the importance of data as an asset and needs to use data emanating from India for ‘Indian entities first’.

An inter-ministerial meeting, under the chairmanship of a top official of the department for promotion of industry and internal trade, was held on Saturday to deliberate upon this draft.

For free and informed choice, it said that e-commerce operators would have to ensure that algorithms used by them were not biased and that no discrimination due to digitally induced biases was prevalent.

“Consumers have a right to be made aware of all relevant details about the goods and services offered for sale including country of origin, value addition in India, and any other such information which may be necessary for making an informed decision at the pre-purchase stage,” it said.

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