Setting Up an E-Commerce Business in India

Burgeon Law can assist in navigating the landscape of starting an E-Commerce business in India. Our expertise ensures seamless compliance and strategic guidance, empowering entrepreneurs to embark on their digital ventures with confidence.
  • With in-depth knowledge of the regulatory landscape, we offer specialized legal services designed to streamline the process of starting an E-Commerce business in India.
  • Our team assists in drafting robust contracts, negotiating agreements and resolving disputes.
  • From entity formation to drafting terms of service and privacy policies, we provide end-to-end legal support.
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Procedure for Setting Up an E-Commerce Business in India

Business Structure Consultation

Assisting in selecting the appropriate business structure (private limited company, LLP, etc.) tailored to the e-commerce model, focusing on operational efficiency and tax optimization.

Incorporation and Registration

Facilitating the entire incorporation process, including drafting of Memorandum of Association (MoA) and Articles of Association (AoA), obtaining Director Identification Number (DIN), and ensuring compliance with the Registrar of Companies (RoC).

Intellectual Property Protection

Advising on the protection of trademarks, copyrights, and patents relevant to e-commerce activities, including securing domain names and safeguarding proprietary technology or processes.

Compliance with E-Commerce Regulations

Ensuring compliance with the latest legal requirements specific to e-commerce under the Indian legal framework, including the Consumer Protection (E-Commerce) Rules, 2020.

Data Protection Compliance

Guidance on adhering to data protection laws, particularly the Information Technology Act, 2000 and the upcoming Personal Data Protection Bill, ensuring the security and privacy of customer data.

Taxation Advice

Offering expert advice on taxation issues pertinent to e-commerce, including GST registration, filing, and compliance, as well as cross-border tax implications.

Dispute Resolution

Handling disputes that arise from e-commerce operations, including customer disputes, vendor conflicts, and intellectual property infringements, through litigation or alternative dispute resolution mechanisms.

Legal Audits & Compliance Checks

Conducting periodic legal audits to ensure ongoing compliance with all statutory obligations and helping mitigate legal risks associated with e-commerce operations.

Exit Strategies

Advising on legal and regulatory aspects of exit strategies, including mergers, acquisitions, and the sale of the e-commerce business.

Annual Compliance and Renewals

Ensure timely renewal of licenses and adherence to filing annual returns with respect to company law, factory regulations, environmental regulations and labour laws.

Documents Required for Starting an E-Commerce Business

Copies of identity proofs such as an Aadhaar card, passport, or driver’s license of the business owner(s) or directors/partners, depending on the business structure are required to set up an E-Commerce business in India.
Copies of address proofs such as an Aadhaar card, passport, utility bills, or rental agreement showing the residential address of the business owner(s) or directors/partners.
Certificate of incorporation or registration issued by the Ministry of Corporate Affairs (MCA) for entities like Private Limited Company or Limited Liability Partnership (LLP). For sole proprietorships, registration may not be mandatory but obtaining a Shop and Establishment license or Udhyam registration is advisable.
The permanent Account Number (PAN) card of the business entity is obtained from the Income Tax Department and the Goods and Services Tax (GST) registration certificate, if applicable, is obtained from the GST portal.

Any additional compliance certificates or clearances required based on the nature of the E-Commerce business, such as an FSSAI license for selling food products online.

Bank account details of the E-Commerce business entity, including account opening documents and bank statements.
Copies of documents related to intellectual property rights protection, including trademark certificates, copyright registrations, and patents, if applicable.
Drafts and copies of legal agreements such as Terms of Service, Privacy Policy, Refund Policy, and any other relevant policies applicable to the E-Commerce platform.

Documentation related to the registration of the domain name for your E-Commerce website, including registration certificates and agreements with domain registrars.

Why Choose Us?

Legal Solutions

With a deep understanding of the unique challenges and opportunities in the digital marketplace, we offer targeted legal solutions to address your business’s needs effectively.

Compliance Solutions

We offer comprehensive compliance solutions, ensuring that your business operates within the bounds of the law while maximizing growth opportunities.

Proactive Risk Management

By anticipating challenges and implementing robust risk management strategies, we safeguard your business’s interests and reputation.

Our Team

Abhisshek Singlla

Abhisshek Singlla

Partner

Anish Jaipuriar

Anish Jaipuriar

Partner

Ankit Bhasin

Ankit Bhasin

Partner

Work Highlights

Effective Intellectual Property Protection

We successfully protected the intellectual property rights of our clients. By registering trademarks, copyrights, and patents, we have safeguarded our client’s brand identity, product designs, and innovations from unauthorized use and infringement, thereby preserving its competitive advantage in the marketplace.

Comprehensive Regulatory Compliance Guidance

We provided comprehensive guidance on regulatory compliance for E-Commerce operations. By staying abreast of evolving laws and regulations, we have helped clients navigate complex legal requirements related to data protection, consumer rights, payment processing, and taxation, ensuring adherence to legal standards and mitigating regulatory risks.

Crafting Key Legal Documents

We crafted essential legal documentation for various E-Commerce businesses, ensuring regulatory compliance and consumer protection. By meticulously drafting Terms of Service, Privacy Policies, Refund Policies, and other agreements, we helped clients establish clear guidelines and protect their interests in online transactions.

Client Testimonials

FAQs

Choose Burgeon Law to set up an E-Commerce business in India, benefiting from our specialized legal expertise tailored for the digital realm. We offer comprehensive support, from entity establishment to regulatory compliance, fostering a proactive approach to risk mitigation. With personalized attention and a track record of legal success, Burgeon Law stands ready to transform your E-Commerce vision into legal reality amidst India’s thriving digital landscape.

To start an E-Commerce business in India, you need to:

  • Register your business entity.
  • Obtain necessary tax registrations.
  • Register a domain name.
  • Draft essential legal documents.
  • Protect intellectual property.
  • Ensure data protection compliance.
  • Comply with consumer protection laws.
  • Integrate a secure payment gateway.
  • Monitor compliance regularly.
We can assist with the registration process for an E-Commerce business by providing guidance on choosing the appropriate legal structure, completing the necessary paperwork, filing registration forms with the relevant government authorities, and ensuring compliance with all legal requirements.
Yes, we can assist with securing intellectual property for an E-Commerce business in India by conducting trademark searches, filing trademark applications, registering copyrights, and advising on patent protection, ensuring your intellectual property rights are safeguarded.

We support E-Commerce businesses with ongoing legal and compliance needs by providing tailored legal advice, drafting and reviewing contracts and policies, conducting compliance audits, monitoring regulatory changes, and offering proactive solutions to mitigate legal risks and ensure continued compliance.

Book a Free Consultation

Get in touch with our Legal advisors and get your doubts and legal troubles solved in a most effective way at an affordable price.

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