E-Commerce Legal Basics for Startups

Amrut JoshiFounder

GameChanger Law Advisors

July 20, 2015

Overview

Structuring Website Terms &

Conditions

Payment Gateway Service

Provider Agreements

Privacy Policies

Usage of Social Media Platforms by E-Commerce

Businesses

Structuring Website Terms & Conditions…

New Media ≠ New Principles of Law!

CONTRACT

Offer

Acceptance

Consideration

Competence

Lawful Object

Free Consent

Not Void

Structuring Website Terms & Conditions

So, what’s different about E-commerce Websites?

Let’s take 2-3 different industries as case studies

Online Tutorial Services Medical Devices and Equipment Home Services

Can we still

???

Other Must-haves in Website T&Cs

Trademarks Linked SitesChild

Protection

Governing Law

Dispute Resolution

Grievance Redressal

Structuring Privacy Policies

Types of Information

Sensitive Personal

Information

CookiesNo Sale to

Third Parties

How will the Information

be used?

Implementation of

Security Procedures

Payment Systems in India- How they work?

PAYMENT

SYSTEM

RBI

Bank

System Provide

rSystem Particip

ants

Payment

Obligation

Payment

Instruction

Settlement

Duties of a System Provider

Operate in accordance with The Payment and Settlement Systems Act, 2007

Disclose terms and conditions, including charges, limitations of liability

Supply participants with copies of rules and regulations governing operation of the payment system, netting arrangements and other relevant documents

Maintain standards determined under this Act

Payment obligations and settlement instructions to be determined in accordance with the gross or netting procedure, as the case maybe, approved by the Reserve Bank while issuing authorization to a payment system

Structuring Payment Gateway Agreements

Make sure to understand:

The exact service offered by Service Provider

What level of technical support is offered by Service Provider

Fees and Charges

Limitation of Liability

Assurances provided by Service Provider to its Partner Banks through the “Bank Agreement”

Whither the twain shall meet: Social Media & E-Commerce?

Social Media for Business

Be careful with your actions as well as messages

Remind your employees and agents that what they say on-line can impact your brand

Don’t silence criticism

Secure your social media handles before someone else does

Read and understand platform- specific guidelines

Thank you for your time and attention!

Amrut JoshiE-mail: amrut@gamechangerlaw.com