[30] E-commerce helped Nestlé increase sales at a rate of 122% which contributes to 3.6% of overall sales during Q2 of 2020-21. 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. E-COMMERCE BUSINESS OPPORTUNITIES IN INDIA Online business is a form where one can sell or buy product over internet. helpful 320 32. Market size and growth. The core component includes trading of physical goods and services. Online travel market in India had a growth rate of 22% over the next 4 years and reach ₹54,800 crore ($12.2 billion) in size by 2015. This … [3] In order to address this issue, as well as promote electronic commerce in the EU and enhance competitiveness of European service providers, the e-Commerce Directive was adopted in 2000. [34] This creates legal uncertainty for companies hoping to benefit from the safe harbour in article 14 e-Commerce Directive. [42], Historical background and aim of the Directive, Prohibition on general monitoring obligation, Final provisions in the e-Commerce Directive, CS1 maint: multiple names: authors list (, Section 230 of the Communications Decency Act#European Union, "Reform of the EU liability regime for online intermediaries", "Article 2(a) of the e-Commerce Directive refers to the definition in article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC", "CJEU, 27 March 2013, Case C-291/13, Papasavvas case", "CJEU, 20 December 2017, Case C-434/15, Uber Spain", "CJEU, 19 December 2019, Case C-390/18, Airbnb Ireland", "Article 1(5) and recital 18 e-Commerce Directive", "Article 3(4)(5)(6) e-Commerce Directive", "Article 3(3) and Annex e-Commerce Directive", "Hosting Intermediary Services and Illegal Content Online: An Analysis of the Scope of Article 14 ECD in Light of Developments in the Online Service Landscape", "Overview of the legal framework of notice-and-action procedures in Member States SMART 2016/0039", "Most notably in Google France case (C-236/08), L'Oréal case (C-324/09), Scarlet Extended case (C-70/10) and Netlog case (C-360/10)", "CJEU, 23 March 2010, case C-236/08, Google France case", "CJEU, 12 July 2011, case C-324/09, L'Oréal case", "CJEU, 16 February 2012, case C-360/10, SABAM v Netlog case", "C(2018) 1177 final, Chapter II, para. the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement. [11] The mere presence and use of technical means and technologies does not constitute in itself an establishment of the provider. With the age of digitalization, the E-commerce … Long tail business strategy allows companies to realize significant profits by selling low volumes of hard-to-find items to many customers, instead of only selling large volumes of a reduced number of popular items. For e.g. [15], The ecommerce industry was reported at $24 billion in 2017 and was recognised as the fastest growing industry in India. And country likes India which is second after china in terms of internet … Electronic commerce … The article ensures that a caching service provider is not liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, provided that: Article 14 of the e-Commerce Directive is arguably one of the most discussed articles in the e-Commerce Directive, in part due to the extensive body of case law related to the article. Non grocery eCommerce penetration will be 16.1 percent by 2021. The internal market clause in article 3 of the e-Commerce Directive is one of the key principle of the e-Commerce Directive. [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, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information. E-Commerce (CS101) Uploaded by. The e-Commerce Directive does not apply to the field of taxation, the field of data protection, gambling, questions relating to agreements or practices governed by cartel law, activities of notaries and similar professions which involve the exercise of public authority and the representation of a client and defense of his interests before the courts.[12]. 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. The exemptions in the e-Commerce Directive have a horizontal scope, covering all types of illegal content (e.g. The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce was promulgated in 1996 (and amended in 1998) to assist countries in the framing of legislation which would enable and facilitate electronic commerce … PO Box 265 Lae, Morobe Province Papua New Guinea The Commission then has the right to receive information and assess the justification of the measure. One of the most popular activities on the Web is shopping. History. In 2009 Bangladesh Bank approved online payment and in 2013 the bank approved the use of debit and credit card for online payment. and then you make the pay… [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. does not select or modify the information contained in the transmission. [1][2] This number is expected to be 627 million by the end of 2019. does not select the receiver of the transmission; and. [3] The e-Commerce Directive aimed to achieve this objective by offering a flexible, technology-neutral and balanced legal framework.[4]. [27] As per Goldman Sachs, three or four players can co-exist in the e-commerce space given the size of India but travel, food delivery, ride-hailing services will see a maximum of two players capturing the market. [46], In September 2015, PepperTap raised $36 million from Snapdeal and others. [4] The industry consensus is that growth is at an inflection point. The commerce is the interchange of products and services between the companies and you can see the groups and the individuals, like one of the basic activities in any business. collaborative economy services or online advertising.[19][34]. E-commerce … infringements of copyright, defamation, etc.) … Article 14 of the e-Commerce Directive provides the basis for the development of notice and take down procedures for illegal and harmful information. It remains largely unclear what action would qualify as acting "expeditiously". [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]. India has an internet users base of about 475 million as of July 2019, about 40% of the population. E-commerce is a popular term for electronic commerce or even internet commerce. Nupur Khandelwal. [25][30], The prohibition only applies to monitoring of a general nature, monitoring obligations in specific cases and orders by national authorities in accordance with national legislation are allowed. Essay on the Scope of E-Commerce: There is high scope of e-commerce in each aspect of business, at present it is in the embryonic stage but in future e-commerce would be the part of day to day activity of business firms… It has much allure in it you can shop at your leisure, anytime, and in your pajamas. [12], CAGR vis-à-vis a global growth rate of 8–10%. [6] The provisions of the e-Commerce Directive thus apply to certain activities or services and not to a specific category of providers. '”[31] The Court based its reasoning on recital 42 e-Commerce Directive, which is directed towards mere conduit and caching services. E-Commerce Wiki [E-Commerce Wiki] E-commerce is often used as a term for 'online-shopping' or 'selling on the internet'. E-Commerce Law The term e-commerce extends to all areas of electronic business transactions. [27] Article 14(1) of the e-Commerce Directive does not specify further what type of services constitute hosting. • Searching for product information • Ordering product • Paying for goods and services • Customer service E-commerce … Article 12 of the e-Commerce Directive contains the safe harbor for mere conduit. Another big segment in e-commerce is mobile/DTH recharge with nearly 1 million transactions daily by operator websites. E-BUSINESS VERSUS E-COMMERCE E-business E-commerce 1)It has a broader meaning. "Cyber Monday" is a term coined in the US for the Monday coming after Black Friday, which is the Friday after Thanksgiving Day. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. In the L’Oréal case the Court further provided that the safe harbour in article 14 of the e-Commerce Directive only applies to service providers if they have not played an active role of such a kind as to give it knowledge of, or control over, the stored data. [17] It is estimated that one in every three Indian shops via smartphone and online retailers deliver to 20,000 pin-codes out of the 100,000 pin-codes in India. The safe harbors do not prevent intermediaries from taking measures against the infringement of third party rights, either through injunctions or duties of care, as was set out in case law and various legal instruments.[19]. [16], Articles 5-11 of the e-Commerce Directive set out some of the basic requirements for online services, which include requirements for commercial communications, requirements for electronic contracts and information obligations towards consumers.[17]. [18] As per Goldman Sach, India's e-commerce industry will reach $99 billion in size while online retail is expected to more than double to around 11% by 2024 from 4.7% in 2019 while increasing at 27% compound annual growth rate (CAGR). [8] In a subsequent ruling, the Court found that Airbnb is an information society service, because the intermediation service forms an integral part of the overall service. [19], After nearly 20 years of cases from the European Court of Justice, a complicated and sometimes conflicting body of case law remains. [33], A Service provider has awareness as in Article 14 e-Commerce Directive "if it was aware of facts or circumstances on the basis of which a diligent economic operator should have realised" that the content was unlawful and did not act expeditiously to take it down. Flipkart partnered with Uber for last mile delivery of essentials to its customers.[39]. [34] [37] This led to many e-commerce platforms to collaborate and sell essential goods. 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. [9], India's e-commerce market was worth about $3.9 billion in 2009. In her Political Guidelines for the Next European Commission Ursula von der Leyen, President of the European Commission, announced her intention to propose a Digital Services Act to "upgrade our liability and safety rules for digital platforms and complete our Digital Single Market". [5], In India, cash on delivery is the most preferred payment method, accumulating 75% of the e-retail activities. The market went up to $12.6 billion in 2013. Online Business or e-business is any kind of business or commercial transaction that includes sharing information across the internet.Commerce constitutes the exchange of products and services between businesses, groups and individuals and can be seen as one of the essential activities of any business. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States. Scope Of Digital Marketing In Ecommerce Industry- Shift to the modern business tactics which is way more simpler than the complex traditional way of business.Big cabins and more investment is something which is outdated and more of an ache. This involves the transaction of goods and services, the transfer of funds and the exchange of data. The service provider shall not be liable for the information transmitted, on the condition that the provider: Further, the article states that the acts of transmission and of provision of access include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission. This prohibition on general monitoring has been confirmed on several occasions by the European Court of Justice. The e-Commerce Directive, adopted in 2000, sets up an Internal Market framework for online services. In this void, the Court of Justice has been left to determine on a case-by-case basis what type of services constitute hosting providers. Consumers are also diversifying their purchasing option from large scale e-commerce channels like Amazon or Flipkart to specific retail brand websites. The Scope of E-commerce E-commerce encompasses a broad range of activities. This was reiterated by the European Court of Justice in the Papasavvas case, where the court ruled that a website that was indirectly remunerated through income generated by advertisements could also be qualified as an 'information society service'.[7]. 2016/2017. Tier-3 markets are showing 53% year on year growth with higher internet penetration and connectivity. [49], During 2014, Royal Enfield sold 200 bikes of special series Online. It has emerged only recently, but there is already an established concept of ecommerce and its benefits for conducting business are internationally acknowledged. The regulation applies to information society services. In the Netlog and Scarlet Extended cases the Court held that general monitoring obligations, such as filtering measures, fail to strike the right balance between copyright enforcement and fundamental rights. [19], In order for actual knowledge to be triggered for the purpose of article 14 e-Commerce Directive a notification needs to be sufficiently precise and adequately motivated. the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or. [57] Here is the list of Mergers & Acquisitions which happened in India over a period of time: Foreign e-commerce is subject to regulations in India; under local law, foreign companies are to serve solely as marketplaces between vendors and their customers, and are forbidden from holding inventory in the country. Flipkart.com raised about USD 2.3 billion. [42] A large proportion of traffic towards e-commerce sites is driven by coupon sites. [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. [43], Examples of venture capital firms having invested in e-commerce companies in India are as follows: The conventional activities include. The kind of e-commerce model that we will be discussing here would majorly revolve around B2C. Literally anyone can have their pages built to display their specific goods and services. [21] Flipkart will debut a hyperlocal service called Flipkart Quick in Bengaluru to start 90 minutes deliveries. Twenty years after its passage, there is wide-ranging discussion, especially in the European Parliament, about how to revise this directive in anticipation of the Digital Services Act. Scope of e-commerce … [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". [34], Article 15 e-Commerce Directive prohibits Member States from imposing general monitoring obligations on online intermediaries. 6", "Online service providers and liability: a plea for a balanced approach", "CJEU, 27 March 2014, C-314/12, Telekabel case, paras 62-64", "Articles 16 and 19 e-Commerce Directive", "Articles 17, 18 and 20 e-Commerce Directive", "Candidate for President of the European Commission Ursula von der Leyen, 'A Union that strives for more: My agenda for Europe' (2019)", Directive on the re-use of public sector information, Directive on Copyright in the Digital Single Market, Société des Produits Nestlé S.A. v. Cadbury UK Limited, Directive on the legal protection of biotechnological inventions, Directive on the legal protection of designs, Paris Convention for the Protection of Industrial Property, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, https://en.wikipedia.org/w/index.php?title=Electronic_Commerce_Directive_2000&oldid=993522370, Intellectual property law of the European Union, Creative Commons Attribution-ShareAlike License, Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). E-commerce-notes-pdf-lecture-notes-university-level. E-commerce definition. [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. The online grocery segment that is below $2 billion will reach $29 billion in size by 2024. Electronics and Apparel are the biggest categories in terms of sales. The pros of digital marketing are its broader scope … Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. For this reason all standards which apply outside the internet can also be utilized here, in legal terms. [13] This principle provides that online service providers are subject to the rules of the Member State in which they are established and not the rules of the Member State where the service is accessible. Articles 12-14 of the e-Commerce Directive set out the limited liability exemptions, also referred to as the safe harbors, which contain the conditions under which certain intermediary service providers are exempted from liability for third party content. If that brings no result, it has to notify the commission and the other Member State of the action it intends to take. [2] At that time, legal boundaries to cross-border online services were still largely prevalent, which resulted in a lack of legal certainty for online services. Indian e-tailing industry is estimated at ₹3,600 crore (US$800 million) in 2011 and estimated to grow to ₹53,000 crore ($11.8 billion) in 2015. as well as both civil and criminal liability. setting the terms of service was not considered as acting in an active manner whereas optimizing the presentation of offers for sale was considered as acting in an active manner. [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 this context, an information society service includes a broad range of online services, e.g. [24], Finally, in order to benefit from the liability exemption under Article 14 of the e-Commerce Directive, upon obtaining actual knowledge hosting services are required to act expeditiously against the notified illegal content. [11] Information society services that are established outside the Union are thus not captured by the provisions in the e-Commerce Directive. Recital 18 adds that when a service is free to the consumer, that does not mean that it falls outside the scope of the e-Commerce Directive in so far as it represents an "economic activity […] such as those offering on-line information or commercial communications, or those providing tools allowing for search, access and retrieval of data". According to a report by Grant Thronton, as much as US$2.1 billion worth of mergers and acquisitions were inked in 2017 in the booming Indian e-commerce industry. 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