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E-Commerce Laws | M S Sulthan Legal Associates

E-Commerce Laws

At M S Sulthan Legal Associates, we offer a comprehensive legal suite for businesses operating in or entering the e-commerce space. As India's digital economy accelerates, legal compliance is no longer optional—it is a growth enabler. From startups launching D2C platforms to global e-commerce aggregators and B2B SaaS marketplaces, we provide tailored, end-to-end advisory grounded in the latest Indian and international regulations.

Our expertise covers every legal touchpoint in the e-commerce ecosystem, including:

  • Drafting and auditing Terms & Conditions, Privacy Policies, Returns and Refund Policies
  • Advising on intermediary liability and safe harbor compliance under the IT Act and Consumer Protection E-Commerce Rules
  • Compliant onboarding and vetting of third-party vendors, logistics partners, an

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3rd Floor, HIS Centre, Kombara Junction, Near High Court of Kerala, Kochi, Kerala 682018

T1, G1001, HiLITE Business Park, Thondayad Bypass, Kozhikode, Kerala 673014

136/2, Rameshwar Nagar, Model Town, New Delhi 110033

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Kozhikode, Kochi and New Delhi+91 98479 80019[email protected]
Practice area

E-commerce and marketplace lawyers in India

We advise online sellers, marketplaces and D2C brands on the rules that govern selling to Indian customers, from platform terms and FDI structure to payments, consumer complaints and data protection.

Offices in Kozhikode, Kochi and New Delhi. Meetings in person or by video call.

Book a ConsultationWhatsApp the office

The challenge

An online business sits under several regimes at once: the Consumer Protection (E-Commerce) Rules, the IT Act, foreign investment rules for marketplaces, RBI rules on payments, GST and the DPDP Act.

Problems usually appear as a consumer complaint, a payment partner freezing settlements, or an investor asking whether the structure complies with FDI policy.

How we help

  • Platform documentsTerms of use, seller agreements, privacy policies and returns policies.
  • Marketplace structuringMarketplace and inventory models under the FDI policy.
  • Consumer complianceE-Commerce Rules disclosures, grievance officers and dark pattern reviews.
  • PaymentsPayment aggregator, escrow and settlement structures under RBI rules.
  • Tax touchpointsGST collection at source and TDS on e-commerce operators, with tax advisers.
  • DisputesConsumer complaints, seller disputes and regulator notices.

Forums and jurisdictions

Consumer commissionsComplaints against platforms and sellers
Central Consumer Protection AuthorityUnfair trade practices and dark patterns
High CourtsWrits and commercial disputes
RBI and payment partnersPayment flow approvals and settlement disputes

Questions clients ask

Can a foreign-owned marketplace hold its own inventory?

No. India's FDI policy allows up to 100 percent foreign investment under the automatic route in the marketplace model, but does not permit foreign investment in the inventory-based model of e-commerce.

Does an e-commerce business need a grievance officer?

Yes. The Consumer Protection (E-Commerce) Rules, 2020 require a grievance officer whose details are displayed on the platform, who acknowledges complaints within 48 hours and resolves them within one month.

What are dark patterns?

Deceptive design practices such as false urgency, basket sneaking, drip pricing and subscription traps. The Guidelines for Prevention and Regulation of Dark Patterns, 2023 list them, and the Central Consumer Protection Authority can act against platforms that use them.

Do marketplaces have to collect GST from sellers?

Yes. Under Section 52 of the CGST Act, e-commerce operators must collect tax at source on the net value of taxable supplies made by sellers through the platform and file the related returns.

Is a platform liable for a seller's defective product?

A marketplace that only hosts sellers may rely on intermediary protection if it meets its due diligence duties, but the E-Commerce Rules impose their own obligations, and consumer commissions have held platforms liable where they went beyond a passive role.

Discuss your matter with us

A first consultation sets out where you stand, the realistic routes open to you and what each will involve.

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