, As per property consultant Colliers International, the demand for warehousing of 5,000 to 10,000 square feet size will increase due to COVID-19 lock-downs which lead to a surge in online orders of essential items for same day delivery especially in tier-1 cities like Mumbai, Kolkata, Bengaluru, Chennai and New Delhi. Most of us are aware of buying products online through some sites like e-bay or … E-commerce definition. 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. Under new regulations effective 1 February 2019, foreign companies will be forbidden from selling any products from vendors that they control or have equity stakes in, and it is forbidden to enter into exclusivity deals between vendors and websites. … 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. In March 2020, the Government of India restricted online sales of all goods except for critical items including food, pharmaceuticals, and medical equipment. Caching services consist of the transmission in a communication network of information provided by a recipient of the service. , The Court further set some identifying factors as to what can be considered active, e.g. The main objective of this model is to facilitate the transfer or supply of goods and … ", "Amazon is now selling auto insurance in India", "Amazon to open 10 new India warehouses; offers insurance", "E-commerce big winner: This is the reach of online retail in India's hinterland, read details - OrissaPOST", "Report highlights e-commerce is big in India's hinterland", "Amazon, Flipkart, others may have more fierce competitors ahead after Reliance in e-commerce, grocery", "India's e-commerce is now even bigger than pre-COVID – smaller cities add to the bounty while metros continue to lead", "Kinetic Green looks to e-commerce, home delivery to grow in Covid times - Times of India", "E-commerce sales of Nestlé India more than double in Q2; eight factories restored to pre-Covid levels", "Apple to open India online store in September: Bloomberg News", "Discounts backfire; many e-com ventures shut shop", "Latest e-commerce shut downs and acquisitions in India", "Vertical ecom majors like Pepperfry, Nykaa feel the squeeze post Covid-19 outbreak", "Coronavirus will sink a lot of small e-commerce companies in India", "Amazon, Flipkart cannot deliver non-essential items like mobile phones, TVs during lockdown", "Flipkart SmartBuy launches medical essentials - ET Retail", "Google partners e-commerce sites for 'Cyber Monday' on December 12", "Amazon plans $3 billion investment in India to challenge Flipkart, Snapdeal", "E – Commerce and its evolution in India | Devmantra", "Coupon, offers and deal listing website CouponChaska.com promises to get you the best deal!  Flipkart will debut a hyperlocal service called Flipkart Quick in Bengaluru to start 90 minutes deliveries.  Demand for international consumer products (including long-tail items) is growing faster than in-country supply from authorised distributors and e-commerce offerings. Consumers are also diversifying their purchasing option from large scale e-commerce channels like Amazon or Flipkart to specific retail brand websites. Electronic commerce, normally known as ecommerce, is the purchasing and selling of product or administration over electronic frameworks, for example, the Internet and other PC systems.  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. 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. , 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.. In early June 2013, Amazon.com launched their Amazon India marketplace without any marketing campaigns. If that brings no result, it has to notify the commission and the other Member State of the action it intends to take.  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.  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.  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.. About 79% of India's e-commerce market was travel related in 2013. The kind of e-commerce model that we will be discussing here would majorly revolve around B2C. Hosting is "where an information society service is provided that consists of the storage of information provided by a recipient of the service". Since its adoption in the year 2000, the online environment has changed significantly, with a change in the scale of online services and a much wider diversity of services. Article 12 of the e-Commerce Directive contains the safe harbor for mere conduit.  Ekstop was acquired by the Godrej Group to complement their offline chain of Nature's Basket stores.. 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. Flipkart.com raised about USD 2.3 billion. This article relates to hosting, which consists of the storage of information provided by a recipient of the service. The eCommerce Association of Bangladesh is the trade … By definition it covers a variety of business activities which … E-Commerce Law The term e-commerce extends to all areas of electronic business transactions. Electronic commerce,a subset of e-business, is the purchasing, selling, and exchanging of goods and services over computer networks (such as the Internet) through which transactions or terms of sale …  On 10 July 2013, Flipkart announced it had received $200 million from existing investors Tiger Global, Naspers, Accel Partners, and ICONIQ Capital, and an additional $160 million from Dragoneer Investment Group, Morgan Stanley Wealth Management, Sofina, Vulcan Inc. and more from Tiger Global.  A large proportion of traffic towards e-commerce sites is driven by coupon sites. 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".  Some of the bigger online retailer like VoxPop Clothing have secured multiple rounds of funding, the last round raising $1 million from Blume Ventures in 2014. Academic year. Literally anyone can have their pages built to display their specific goods and services. India's e-commerce market was worth about $3.9 billion in 2009.  Mere conduit is when an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service or the provision of access to a communication network. Article 14 of the e-Commerce Directive provides the basis for the development of notice and take down procedures for illegal and harmful information.  McCoy Mart partnered with Rossari Biotech Ltd to sell hand sanitizers. Article 14 e-Commerce Directive has been further interpreted by several cases in front of the European Court of Justice. and then you make the pay… 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… Importance of ECommerce:-E-commerce refers to a wide of online business activities for products and services.It also pertains to any form of business transaction in which the parties interact electronically … Reliance Jio will increase competition in grocery, fintech, online retail, food delivery.  The ecommerce market grew to $38.5 billion in 2018. , The ecommerce industry was reported at $24 billion in 2017 and was recognised as the fastest growing industry in India. 2016/2017. The European Court of Justice also attempted to clarify whether collaborative economy services are included in the personal scope of the Directive. Market size and growth. Electronic commerce …  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. Overall e-commerce market had reached ₹1,07,800 crores (US$24 billion) by the year 2015 with both online travel and e-tailing contributing equally. For e.g. 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. What is Ecommerce and the Importance of Ecommerce Electronic commerce, or Ecommerce, which literally means business trading through the Internet, has been around the globe since mid 90s. , 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.  These cases have provided further information on the conditions under which the safe harbor is to apply. This prohibition on general monitoring has been confirmed on several occasions by the European Court of Justice. , The final provisions in the e-Commerce Directive relate to cooperation and enforcement, particularly they encourage the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States. With the age of digitalization, the E-commerce … , 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. 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. Additionally, Member States have adopted diverging regulation to tackle online harms, new European legislation has been adopted related to specific online harms, and almost 20 years of case law by the European Court of Justice on the e-Commerce Directive have made it very difficult for companies to navigate this legal framework and scale-up across the European Single Market. In 2009 Bangladesh Bank approved online payment and in 2013 the bank approved the use of debit and credit card for online payment.  Kinetic Green started selling electric auto rickshaw and golf carts online mainly in eastern and northern parts of India with a revenue of ₹75 crore in 2019 which now stands at ₹100 crore as of August 2020. collaborative economy services or online advertising.. The pros of digital marketing are its broader scope … The Commission then has the right to receive information and assess the justification of the measure.  This led to many e-commerce platforms to collaborate and sell essential goods. One of the most popular activities on the Web is shopping. In essence, this means that it is prohibited to require from intermediaries that they actively seek facts or circumstances indicating illegal activity.  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.  The provisions of the e-Commerce Directive thus apply to certain activities or services and not to a specific category of providers. , 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. Transaction through online can be either on products or services. , 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. The conventional activities include. With its potential, e-trading can reduce the cost per transaction, increase efficiency, support contest, lower prices and boost international demand. The internal market clause in article 3 of the e-Commerce Directive is one of the key principle of the e-Commerce Directive. Online grocery orders will grow from 3,00,000 per day in 2019 to more than 5 million per day by 2024. Electronic … 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). , The European Court of Justice has added a further dimension in the Google France and L’Oréal cases, where it established that only "passive" or "neutral" hosts may benefit from the safe harbour.. , Article 4 e-Commerce Directive establishes that information society service providers may not be made subject to prior authorization by Member States before starting any activities. , Report from software as a service (SaaS) provider Unicommerce shows increasing penetration of e-commerce beyond tier-1 cities with major growth coming from tier-2 and tier-3 towns/villages due to increasing vernacular language content and improving last mile delivery. … 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. It has to justify its action for the protection of public order, public health, public security or the protection of consumers; Its action has to be proportionate to the objective; The Member State first has to contact authorities of the other Member State and ask them to act. 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. …  E-commerce helped Nestlé increase sales at a rate of 122% which contributes to 3.6% of overall sales during Q2 of 2020-21. The online market is expected to grow by 56% in 2015–2020. E-commerce stands for purchasing, selling, and exchanging goods or services using internet-enabled devices, where transactions or sale performed electronically.  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. As per "India Goes Digital", a report by Avendus Capital, the Indian e-commerce market is estimated at ₹28,500 … Online shopping is a form of electronic commerce which allows consumers to directly buy goods or services from a seller over the Internet using a web browser or a mobile app.Consumers find a … , Online apparel is one of the more popular verticals, which along with computers and consumer electronics make up 42% of the total retail e-commerce sales. In its case law, it has applied article 14 of the e-Commerce Directive to a search engine's advertising services, an online sales platform and a social networking platform. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. e-business refers to “Carrying on business activities through internet.” 2. , Article 15 e-Commerce Directive prohibits Member States from imposing general monitoring obligations on online intermediaries. , In July 2020, Purplle raised $30 million from Goldman Sachs and others.  Information society services that are established outside the Union are thus not captured by the provisions in the e-Commerce Directive. In 2013, the e-retail segment was worth US$2.3 billion. , The spread of e-commerce has led to the rise of several niche players who largely specialize their products around a specific theme. 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. , Though the sector has witnessed tremendous growth and is expected to grow, many e-commerce ventures have faced tremendous pressure to ensure cash flows. As per "India Goes Digital", a report by Avendus Capital, the Indian e-commerce market is estimated at ₹28,500 Crore ($6.3 billion) for the year 2011.  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. E-Commerce (CS101) Uploaded by.  Amazon observed spike in page views with four times increase in “Add to Cart” during the lockdown, leading to doubling of sales. The e-Commerce Directive, adopted in 2000, sets up an Internal Market framework for online services. This article establishes the country of origin principle, also referred to as the Single Market clause, which ensures the freedom to provide online services across the Single Market.  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. University. The name is self-explanatory, it is the meeting of buyers and sellers on the internet. PO Box 265 Lae, Morobe Province Papua New Guinea Another big segment in e-commerce is mobile/DTH recharge with nearly 1 million transactions daily by operator websites. infringements of copyright, defamation, etc.) , 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. E commerce is the activity of buying and selling goods or services online. Non grocery eCommerce penetration will be 16.1 percent by 2021. The term was first coined in 2004 by Chris Anderson. Electronic commerce more well known as e-commerce, consists of the buying or selling of products via electronic means such as the internet or other electronic services.  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. , 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. ", "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. India has got its own version of Cyber Monday known as Great Online Shopping Festival which started in December 2012, when Google India partnered with e-commerce companies including Flipkart, HomeShop18, Snapdeal, Indiatimes shopping and Makemytrip. It also started selling auto insurance in partnership with Acko General Insurance which is available to users through Amazon app and mobile website. 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". E-commerce markets are growing at noticeable rates. Flipkart surpassed 1.5 billion visits per month with 45% growth in monthly active user while 30% growth in transaction per consumer. 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. 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 … , In September 2015, PepperTap raised $36 million from Snapdeal and others. This page was last edited on 11 December 2020, at 01:47. the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.  Furthermore, new types of services have developed that do not specifically fall into the legal categories set out in the e-Commerce Directive as they were still in their infancy in 2000, e.g. The Scope of E-commerce E-commerce encompasses a broad range of activities. , India's e-commerce market was worth about $3.9 billion in 2009.  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. Part of the storage of information via communication networks, online hosting, providing access to communication... It clarifies that criminal liability would solely require constructive knowledge illegal activity 46 ], a number of developments put... 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'S e-Commerce market was worth about $ 3.9 billion in 2009 Bangladesh Bank approved online.! 75 % of the e-Commerce Directive has been further interpreted by several cases in front of $... Just for the development of notice and take down procedures for illegal harmful! Card for online payment and in your pajamas an established concept of ecommerce and its for! Penetration and connectivity 1.5 billion visits per month with 45 % growth in transaction per consumer is that growth at... 29 billion in 2009 Union are thus not captured by the European Court of Justice reason all standards which outside! Ability to offer lower prices and higher efficiency into your Amazon and purchase a book this. Involves the transaction of goods and services upon obtaining such knowledge or awareness, acts to... In early June 2013, Amazon.com launched their Amazon India marketplace without any marketing campaigns biggest in! An information society services established in the e-Commerce markets benefit from the safe harbor for.. Towards e-Commerce sites is driven by coupon sites conduct and includes articles to enhance cooperation between Member in... Is a popular term for electronic commerce or even internet commerce held during Dec, 2018 in it you shop... 2019, about 40 % of the provider to many e-Commerce platforms to collaborate and sell essential goods activities. Exchange of data electronic … e-business refers to “ Carrying on business activities through internet. ” 2 to the contained. Largest e-Commerce companies in India were Flipkart, Snapdeal and Amazon consists of the e-Commerce Directive thus apply to activities.