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Top 15 FAQs on Online Selling of Products in India by Foreign Individuals or Foreign Corporations: Setting-up Business in India

Best and Experienced Lawyers online in India > Consumer Laws  > Top 15 FAQs on Online Selling of Products in India by Foreign Individuals or Foreign Corporations: Setting-up Business in India

Top 15 FAQs on Online Selling of Products in India by Foreign Individuals or Foreign Corporations: Setting-up Business in India

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1. Can foreign individuals or foreign corporations engage in online selling of products in India?
Answer: Yes, foreign individuals or foreign corporations can engage in online selling of products in India, subject to compliance with relevant laws and regulations.

2. What are the legal requirements for online selling of products in India?
Answer: The legal requirements for online selling of products in India include business registration, compliance with foreign investment regulations, obtaining necessary licenses and permits, adherence to consumer protection laws, and data privacy regulations.

3. Can foreign individuals or foreign corporations own 100% of the online selling business in India?
Answer: In certain sectors, foreign individuals or foreign corporations can own 100% of the online selling business in India, subject to compliance with the FDI policy and sector-specific regulations.

4. Can foreign individuals or foreign corporations sell products directly to consumers in India through online platforms?
Answer: Yes, foreign individuals or foreign corporations can sell products directly to consumers in India through online platforms, subject to compliance with foreign investment regulations and marketplace guidelines.

5. Are there any restrictions on foreign investment in online selling businesses in India?
Answer: Foreign investment in online selling businesses in India is subject to certain restrictions, such as restrictions on multi-brand retail e-commerce. However, foreign investment is allowed in the marketplace model of e-commerce.

6. What is the difference between the marketplace model and the inventory-based model of online selling?
Answer: In the marketplace model, the online platform acts as an intermediary connecting buyers and sellers, while in the inventory-based model, the online platform owns and sells its own inventory.

7. Can foreign individuals or foreign corporations operate in the inventory-based model of online selling in India?
Answer: As of now, foreign individuals or foreign corporations are not allowed to operate in the inventory-based model of online selling in India.

8. Can foreign individuals or foreign corporations use third-party logistics providers for order fulfillment in India?
Answer: Yes, foreign individuals or foreign corporations can use third-party logistics providers for order fulfillment in India, subject to compliance with relevant regulations and agreements.

9. What are the consumer protection laws that online sellers need to comply with in India?
Answer: Online sellers in India need to comply with consumer protection laws, including providing accurate product information, clear terms and conditions, return and refund policies, and resolution mechanisms for consumer grievances.

10. Are there any specific data privacy and security requirements for online selling businesses in India?
Answer: Yes, online selling businesses in India need to comply with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, which define data privacy and security requirements.

11. Can foreign individuals or foreign corporations store data of Indian customers outside of India?
Answer: The storage and processing of personal data of Indian customers by foreign individuals or foreign corporations outside of India are subject to data localization requirements and must comply with relevant data protection regulations.

12. Are online sellers required to collect and pay goods and services tax (GST)?
Answer: Yes, online sellers in India are required to collect and pay GST on eligible transactions, based on the prevailing GST rates and regulations.

13. Can foreign individuals or foreign corporations use interindividual payment gateways for online transactions in India?
Answer: Yes, foreign individuals or foreign corporations can use interindividual payment gateways for online transactions in India, subject to compliance with RBI regulations and other applicable guidelines.

14. Are there any specific regulations for cross-border online selling transactions in India?
Answer: Cross-border online selling transactions in India are regulated by the RBI and may require compliance with customs and import-export regulations.

15. Can online sellers offer cash-on-delivery as a payment option in India?
Answer: Answer: Yes, cash on delivery can be offered.
Authored By: Adv Anant Sharma

 

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