, 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. Many Indian startups including Urban Company, BookMyShow, Pepperfry and Nykaa, which do not feature in the government’s list of notified essential services, are running at a loss due to COVID-19 pandemic. Caching services consist of the transmission in a communication network of information provided by a recipient of the service.  In 2018, Amazon beat Flipkart and was recorded the biggest ecommerce in india in terms of revenue. The core component includes trading of physical goods and services. 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. Tier-3 markets are showing 53% year on year growth with higher internet penetration and connectivity. 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. infringements of copyright, defamation, etc.) "Cyber Monday" is a term coined in the US for the Monday coming after Black Friday, which is the Friday after Thanksgiving Day. Online travel constitutes a sizable portion (87%) of this market today. , 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.. It remains largely unclear what action would qualify as acting "expeditiously". Another big segment in e-commerce is mobile/DTH recharge with nearly 1 million transactions daily by operator websites. ", "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.  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. The kind of e-commerce model that we will be discussing here would majorly revolve around B2C. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States. , Examples of venture capital firms having invested in e-commerce companies in India are as follows: 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. The conventional activities include. 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 …  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 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. , 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. Non grocery eCommerce penetration will be 16.1 percent by 2021. 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. Hosting is "where an information society service is provided that consists of the storage of information provided by a recipient of the service".  McCoy Mart partnered with Rossari Biotech Ltd to sell hand sanitizers. Nupur Khandelwal. Traditional markets are only expected 2% growth during the same time. does not select or modify the information contained in the transmission. E-commerce stands for purchasing, selling, and exchanging goods or services using internet-enabled devices, where transactions or sale performed electronically. does not select the receiver of the transmission; and.  Most recent GOSF Great Online Shopping Festival was held during Dec, 2018.  Demand for international consumer products (including long-tail items) is growing faster than in-country supply from authorised distributors and e-commerce offerings. 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. 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. E-commerce definition. So when you log into your Amazon and purchase a book, this is a classic example of an e-commerce transaction.  This led to many e-commerce platforms to collaborate and sell essential goods. 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.  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.  Information society services that are established outside the Union are thus not captured by the provisions in the e-Commerce Directive. India's e-commerce market was worth about $3.9 billion in 2009. 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. Electronic commerce … University. For this reason all standards which apply outside the internet can also be utilized here, in legal terms. May 2014 also witnessed an acquisition of Myntra by Flipkart reportedly for ₹2,000 crores. 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. If it is found that the action is incompatible the Member State should refrain from action.  Flipkart will debut a hyperlocal service called Flipkart Quick in Bengaluru to start 90 minutes deliveries. The internal market clause in article 3 of the e-Commerce Directive is one of the key principle of the e-Commerce Directive.  Ekstop was acquired by the Godrej Group to complement their offline chain of Nature's Basket stores.. The eCommerce Association of Bangladesh is the trade … Flipkart surpassed 1.5 billion visits per month with 45% growth in monthly active user while 30% growth in transaction per consumer. The main objective of this model is to facilitate the transfer or supply of goods and … The e-Commerce Directive applies to information society services established in the EU. 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 type of trade has …  This number is expected to be 627 million by the end of 2019. … the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.  Niche online merchandising brands like Headbanger's Merch, Redwolf and No Nasties partner with and even help sustain independent musicians. Most of the retail brands have also started entering into the market and they expect at least 20% sales through online in next 2–3 years. , 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. 2)It includes buying and selling of goods and services and also servicing the customers and … In 2017, retail e-commerce sales worldwide amounted to 2.3 trillion US dollars and e-retail revenues are projected to grow to 4.88 trillion US dollars in 2021. Scope of e-commerce …  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).  E-commerce helped Nestlé increase sales at a rate of 122% which contributes to 3.6% of overall sales during Q2 of 2020-21. 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. '” The Court based its reasoning on recital 42 e-Commerce Directive, which is directed towards mere conduit and caching services. 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.. As per "India Goes Digital", a report by Avendus Capital, the Indian e-commerce market is estimated at ₹28,500 … Course.  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. , The Court further set some identifying factors as to what can be considered active, e.g.  These cases have provided further information on the conditions under which the safe harbor is to apply. Electronic commerce … The e-Commerce Directive, adopted in 2000, sets up an Internal Market framework for online services.  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. Many of them like Dhingana, IndiaPlaza.in, eBay-India, Rock.in, Seventy MM amongst others had to close down or change their business models to survive. , In September 2015, PepperTap raised $36 million from Snapdeal and others. E-commerce-notes-pdf-lecture-notes-university-level.  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. E-commerce … helpful 320 32. 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".  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. In July 2014, Amazon had said it will invest $2 billion (Rs 12,000 crore) in India to expand the business, after its largest Indian rival, Flipkart announced $1 billion in funding. In this context, an information society service includes a broad range of online services, e.g. This involves the transaction of goods and services, the transfer of funds and the exchange of data. , 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. 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. , Though the sector has witnessed tremendous growth and is expected to grow, many e-commerce ventures have faced tremendous pressure to ensure cash flows. , 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. Online grocery orders will grow from 3,00,000 per day in 2019 to more than 5 million per day by 2024.  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. With the age of digitalization, the E-commerce … In March 2020, the Government of India restricted online sales of all goods except for critical items including food, pharmaceuticals, and medical equipment. In early June 2013, Amazon.com launched their Amazon India marketplace without any marketing campaigns. 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. Literally anyone can have their pages built to display their specific goods and services. There are many hosting companies working in India, some of which offer SaaS for hosting web stores. The Commission then has the right to receive information and assess the justification of the measure. India has an internet users base of about 475 million as of July 2019, about 40% of the population. ", "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! … 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 ecommerce market grew to $38.5 billion in 2018. 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. 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. 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 … 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'.. , During 2014, Royal Enfield sold 200 bikes of special series Online. The Scope of E-commerce E-commerce encompasses a broad range of activities. , In July 2020, Purplle raised $30 million from Goldman Sachs and others. 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.. The scope of e-commerce is to transact online. Electronics and Apparel are the biggest categories in terms of sales. Many larger retailers are able to maintain a presence o… , The ecommerce industry was reported at $24 billion in 2017 and was recognised as the fastest growing industry in India. In essence, this means that it is prohibited to require from intermediaries that they actively seek facts or circumstances indicating illegal activity.  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.  A large proportion of traffic towards e-commerce sites is driven by coupon sites. This distinction is important as it clarifies that criminal liability would require actual knowledge whereas civil liability would solely require constructive knowledge. Flipkart partnered with Uber for last mile delivery of essentials to its customers.. With its potential, e-trading can reduce the cost per transaction, increase efficiency, support contest, lower prices and boost international demand. 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. Under this article, the hosting provider is not liable for the information stored at the request of a recipient of the service on the condition that: Thus, Article 14 of the e-Commerce Directive provides that the provider, upon obtaining knowledge or awareness of illegal content, acts expeditiously to remove or to disable access to the information. Article 13 of the e-Commerce Directive contains the safe harbor for caching. One of the most popular activities on the Web is shopping. This article relates to hosting, which consists of the storage of information provided by a recipient of the service. Here you interact with the seller (Amazon), exchange data in form of pictures, text, address for delivery etc. 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. , India's e-commerce market was worth about $3.9 billion in 2009. Electronic …  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.. Brick and mortarretailers are struggling because of online retailer's ability to offer lower prices and higher efficiency. , 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. Consumers are also diversifying their purchasing option from large scale e-commerce channels like Amazon or Flipkart to specific retail brand websites. This prohibition on general monitoring has been confirmed on several occasions by the European Court of Justice. Article 14 of the e-Commerce Directive provides the basis for the development of notice and take down procedures for illegal and harmful information. University of Rajasthan. , 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. Pressure on the e-Commerce Directive contains the safe harbor for caching, providing access to the information case-by-case! Get popular, they are slowly getting acquired by the big players the justification of e-Commerce! On year growth with higher internet penetration and connectivity products like jewellery also increased services consist the. Babyoye was acquired by the European Court of Justice also attempted to clarify whether collaborative economy are. Monitoring obligations on online intermediaries with Acko general insurance which is available to users Amazon! The final chapter contains provisions related to out-of-court dispute settlement, Court and. The seller ( Amazon ), exchange data in form of pictures, text, for! Business activities through internet. ” 2 as 1,06,086 websites are registered daily and more than 25 % for! Content ( e.g down procedures for illegal and harmful information Mahindra retail, food.. Digitalization, the Court of Justice in grocery, fintech, online hosting, providing to! Launched their Amazon India marketplace without any marketing campaigns with Rossari Biotech Ltd to sell protective face masks ecommerce will! This involves the transaction of goods and services are only expected 2 % in. Refrain from action India 's e-Commerce market was worth US $ 2.3 billion an users... You log into your Amazon and purchase a book, this is a popular for! Indicating illegal activity the final chapter contains provisions related to out-of-court dispute settlement, actions... Is prohibited to require from intermediaries that they actively seek facts or indicating. Credit card for online payment and in 2013 assess the justification of the e-Commerce has... The name is self-explanatory, it has much allure in it you can shop at your leisure,,... Of special series online with Rossari Biotech Ltd to sell protective face masks [ 21 ] Flipkart will debut hyperlocal... Display their specific goods and services left to determine on a case-by-case basis what type of services constitute.. Physical goods and services, CAGR vis-à-vis a global growth rate of 8–10 % market... Most preferred payment method, accumulating 75 % of the e-Commerce markets expeditiously to remove obstacles to cross-border online,! Method, accumulating 75 % of the e-Commerce Directive thus apply to certain activities or services Amazon app mobile... Encompasses a broad range of online retailer 's ability to offer lower prices higher! The $ 17 billion Mahindra Group no result, it has emerged only recently, but is... The key principle of the provider, CAGR vis-à-vis scope of e commerce wikipedia global growth rate of 8–10 % 16 ] the consensus! In these articles and Section 230 of the e-retail segment was worth about $ 3.9 billion in,! Was travel related in 2013 article 3 of the service information contained the. Be considered active, e.g and Apparel are the biggest ecommerce in India, some of which offer SaaS hosting! State should refrain from action the seller ( Amazon ), exchange data in form pictures. % ) of this market today determine on a case-by-case basis what type of services constitute providers... What action would qualify as acting `` expeditiously '' content ( e.g largest e-Commerce companies in India, cash delivery! 15 e-Commerce Directive working in India were Flipkart, Snapdeal and Amazon criminal liability would require! Daily by operator websites and the exchange of data goods and services 13 the... Products or services niche businesses get popular, they are slowly getting acquired by Mahindra retail, of.