A. Consumer Protection Act and the Rules/Guidelines Issued Thereunder

1.1 Compliances under E-Commerce Rules

All e-commerce entities must comply with the E-Commerce Rules, including:

• Nodal Officer: Appoint a nodal officer or alternate senior functionary residing in India.

• Information Disclosure: Clearly and prominently display on its platform:

o Legal Name
o Principal and branch addresses
o Name and details of the website
o Contract information of customer care and grievance officer.

• Grievance Redressal: Set up a grievance mechanism and appoint a grievance officer. Display their name, contact, and designation of such officer on its platform. Grievances must be acknowledged in 48 hours and resolved within 1 month.

• Imported Goods: If offering imported goods/services, mention importer details.

• Cancellation Charges: No cancellation charges unless the platform bears similar charges if they cancel the purchase order unilaterally.

• Consent: Obtain a consumer’s consent for any purchase through explicit and affirmative action.

• Refunds: Process refunds as prescribed under applicable law.

Obligations for Marketplace E-Commerce Entities

Marketplace entities must additionally:

• Seller Undertaking: Require sellers through an undertaking to ensure that descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with features of such goods or services.

• Differentiated Treatment: Include in terms and conditions, a description of any differentiated treatment which it gives or might give between goods or services or sellers of the same category.

• Disclosures: Display all required information including that may be required by consumers to make informed choices: contractual terms, mandatory notices, expiry, seller/importer details, country of origin, return/exchange/refund/delivery terms, warranties, payment modes, grievance mechanism.

• Seller Details: Show seller name, registration status, address, customer care number, and ratings, if any.

• Complaint Tracking: Provide ticket numbers to track complaints.

• Ranking Parameters: Explain in plain language the key parameters affecting product/seller rankings.

Obligations for Inventory E-Commerce Entities

Inventory-based entities must:

• No False Representation: Not misrepresent themselves as consumers.

• Return and Refunds: Must not deny return, refund, or cancellation if goods/services are defective, deficient, spurious, or delivered late.

• Disclosures: Same disclosure obligations as marketplaces.

• Price Transparency: Show total price as a single figure, with breakup and applicable taxes.

• Complaint Tracking: Provide ticket numbers for consumer complaints that enables consumers to track status of their complaint.

Obligations for Sellers on Marketplaces

Sellers on marketplaces must:

• No Fake Reviews: Not falsely pose as consumers or post fake reviews.

• Return and Refunds: Must not deny return, refund, or cancellation for defective, deficient, spurious, or delayed goods/services.

• Written Contract: Must have a prior written contract with the platform and share details (name, address, GSTIN, PAN, website).

• Grievance Officer: Appoint and display grievance officer's name and contact. Acknowledge complaints in 48 hours, resolve within 1 month.

• Disclosures: Display all legally required info (e.g., expiry date, seller/importer details, country of origin, return/exchange/delivery terms, warranties).

• Price Transparency: Show total price and breakup with all charges and taxes.

• Grievance Officer Info: Display name, contact number, and designation.

Annexure E details compliances required under the E-Commerce Rules.

1.2 Guidelines on Misleading Advertisements

As per the Guidelines, advertisement is valid and not misleading if it:

• Is truthful and honest in its representation.

• Does not exaggerate the product’s performance, accuracy, scientific basis, or usefulness.

• Does not mislead by presenting legal consumer rights as unique benefits offered by the advertiser.

• Does not claim universal acceptance of a claim where significant scientific or expert disagreement exists.

• Does not exploit fear, i.e., doesn’t suggest that personal or family safety is at risk if the product is not purchased.

• Does not mislead by citing publications or sources that haven’t been independently verified.

• Complies with all applicable sector-specific laws and regulations.

In addition, the Guidelines also details conditions for bait advertisements, surrogate advertisements, free claims advertisements, and child targeted advertisements among others.

1.3 Guidelines on Dark Patterns

Please refer to Annexure F for the compliances to be followed under these guidelines by an entity advertising goods or services offered by it to consumers. The Guidelines are available here:
🔗 https://consumeraffairs.nic.in/acts-and-rules/consumer-protection

An entity advertising goods or services offered by it to consumers must comply with the Guidelines on Dark Patterns. The Guidelines defines Dark Patterns to mean any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision making or choice, amounting to misleading advertisement or unfair trade practice or violation of consumer rights. The Guidelines prohibits any person, including any platform, from engaging in any dark pattern practice.
🔗 https://consumeraffairs.nic.in/acts-and-rules/consumer-protection

1.4 Greenwashing Guidelines

Please refer to Annexure G for the compliances to be followed under these guidelines by an entity advertising goods or services offered by it to consumers.

B. Data Protection Laws

The IT Act read with the SPDI Rules are the primary legislations in India governing data privacy and protection on a sector-neutral basis. To the extent the NPs will collect/handle personal data falling under the category of SPDI, it is required to be compliant with the obligations specified under the SPDI Rules. A summary of the key obligations under the SPDI Rules of an entity, inter alia, for collecting, processing and transferring of SPDI, has been set out in Annexure H.

Please note that once the DPDP Act is enforced, all entities collecting, handling, or processing personal data will be required to comply with the obligations prescribed under the DPDP Act.

C. Compliance with IT Rules

An intermediary as defined under Section 2(w) of the IT Act, with respect to an electronic record, means any person who “receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes”. To the extent, the NP qualifies as an intermediary, it will be required to implement the due diligence obligations (depending on the category of intermediary) as has been set out in Annexure I, if it seeks to avail the exemption from liability in accordance with Section 79 of the IT Act.

D. Compliance with MVA and MVAG 2025

1.1 Licensing Requirements

As per Section 93 of the MVA, the:

• (i) agent in the sale of tickets for travel by public service vehicles;

• (ii) agent in the business of collecting, forwarding or distributing goods carried by goods carriages; and

• (iii) aggregators

are required to obtain necessary license to carry out the above activities. These licenses are to be obtained from the authorities and on such conditions as may be prescribed by respective state governments. The Act provides that the State Government may follow such guidelines as may be issued by the Central Government.

1.2 Applicability of MVAG 2025

In this context, the Ministry of Road Transport and Highways issued the revised Motor Vehicle Aggregator Guidelines in July 2025, revising the 2020 guidelines. The Guidelines serve as a guiding framework for state governments to lay down licensing conditions for aggregators.

1.3 Aggregator Obligations for Driver Onboarding

The MVAG 2025 provides for compliances to be undertaken by Aggregators prior to on-boarding of drivers, which includes obligation to ensure that every driver:

• Holds valid proof of identity as per Central Motor Vehicle Rules, 1989 and valid driving license for the concerned vehicle type;

• Holds a valid bank account in his name;

• Undergoes complete medical examination, including eye check-up, and psychological analysis at the Aggregator's expense;

• Completes police verification of character and antecedents with written record at least seven (7) days prior to on-boarding;

• Has not been convicted within the past three (3) years for driving under influence or any cognizable offence under Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023;

• Aggregator shall ensure a health insurance for not less than INR 5 lakh and term insurance for not less than INR 10 lakh with annual increase as notified by Central Government; and

• Completes mandatory Induction Training Programme of at least 40 hours duration.

1.4 Aggregator Obligations for App Features

The MVAG 2025 provides that Aggregators must ensure that its app has basic features which includes:

• Remains accessible in English, Hindi, and official language of the state where official language is not Hindi;

• Gets certified for cyber security by a firm recognized and empaneled by CERT-In;

• Stores data as per applicable law, including Digital Personal Data Protection Act, 2023;

• Includes live location sharing feature for passengers during journey;

• Includes special accessibility features for Divyangjan users;

• Maintains 24x7 control room operations and call centre support; and

• Ensures Vehicle Location Tracking Device (AIS 140 compliant) with panic button connectivity.

1.5 Additional MVAG 2025 Compliances

The MVAG 2025 also provides for:

• Detailed fare regulation (including 80% driver share for driver-owned vehicles and 60% for aggregator-owned vehicles);

• Vehicle compliance requirements (including 8-year age limit);

• Sustainable fleet management and electric vehicle targets;

• Guidelines for suspension and cancellation of aggregator licenses.

E. Compliance with Online Travel Aggregator Guidelines, 2018 (“OTAG”)

5.1 The OTAs can: (i) List the travel related service providers/agents or other service providers like hotels, homestays on its platform under its brand;
(ii) Connect the buyers with potential travel, hospitality and related service providers/ sellers on its platform under its brand;
(iii) Prescribe amenities and/or quality standards and influence the service providers to match the potential customer’s needs; and
(iv) Enter into agreements with such service providers laying down benchmarks, standards, commission rates and other services required from such service provider.

5.2 For an entity to engage in the business of OTA, an approval/ re-approval after five (5) years under the guideline nos. 1 and 2 of the OTAG, as applicable, has to be made by the Ministry of Tourism.

5.3 The OTAG provides that OTAs are obligated to designate a grievance officer and publish his name and contact details on its website.

2. Compliances for app based aggregators hosting ride-hailing services, courier services, food delivery, and freight transport

A. Food Safety Laws

1.1 Licensing Requirements

To commence or carry on the food business, both Buyer App and Seller on Marketplace Seller App (Marketplace seller app as well as Inventory Seller App) are required to obtain a license from the central authority. Sellers are also required to obtain a license from the central authority or the concerned state or union territory’s licensing authority, as the case maybe. More details on the licensing requirements have been provided under Annexure A (under the head “Licensing or Registration Requirements”). Such NPs shall comply with the GMP/ GHP requirements as discussed under Paras 1.4 and 1.5 of Annexure A.

The Guidelines for the operation of e-commerce FBOs under the FSS Act and Section I of the Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulation 2018 (“Amendment Regulations 2018”) provide for the following:

• E-Commerce FBOs shall obtain central license, comply with the requirements prescribed under the Food Safety Laws and hygiene and manufacturing standards for licensed FBOs engaged in food services, including packaging and transportation.

• The E-Commerce FBO must enter into agreements with the sellers, brand owners, or manufacturers onboarded by them. These agreements shall affirm that the said entities comply with the Food Safety Act, Rules, and Regulations.

• The seller/ brand owner/ manufacturer shall ensure that legible and clear picture of the 'principal display panel' for pre-packed food products offered for sale to the consumer, is made available for viewing by the customers, excluding specific details such as batch number, expiry date, and MRP.

• Any food article delivered to a consumer by E-Commerce FBO shall have a shelf life of at least 30 percent or 45 days remaining at the time of delivery.

1.2 Packaging Requirements
Food Safety and Standards (Packaging) Regulations, 2018 (“Packaging Regulations”) which provides for the packaging requirements to be adhered to by the relevant food business operator. The packaging requirements stipulated thereunder have been provided under Annexure – A (under the head “Packaging Requirements”) read with relevant guidance note on GMP/GHP requirements.

The Packaging Regulations are applicable to the Buyer App and Marketplace App i.e., they shall contractually ensure with the seller that the commodity is in compliance with the specified requirements; the Inventory Seller App (Contractually ensure with the vendor / manufacturer that the commodity is in compliance with the specified requirements (where the inventory seller is not manufacturing or packing / labelling the commodity)) and Seller on the marketplace seller app (Contractually ensure with the vendor / manufacturer that the commodity is in compliance with the specified requirements (where the seller on the marketplace seller app is not manufacturing or packing / labelling the commodity)).

3. Key compliances for carriage of goods by air, sea, land or multimodal transportation

A. CBR

1.1: CBR provides that a common carrier cannot engage in providing services as a common carrier without registration. Rules 4 and 5 of Carriage by Road Rules 2011 (“CBR Rules”) provides for the manner in which an application for registration and renewal of registration has to be made.

1.2: Further, the said CBR Rule 4 also provides for the following conditions that a common carrier has to fulfil for registration:
(i) the applicant must provide a registration certificate for 2 commercial vehicles registered in their name, or in the name of an organization, partner, proprietor, or director; alternatively, they may submit a contract letter or work order from a registered company for carrying out functions as a common carrier;
(ii) the applicant must have a minimum net worth of five lakh rupees (INR 5,00,000), either personally or through a proprietor, partner, or director, which must be certified by a Chartered Accountant; provided however, in case the application for the certificate of registration for providing services at a higher risk, the net worth of the applicant or any of the proprietor, partner or director shall be minimum rupees twenty lakhs rupees (INR 20,00,000); and
(iii) if the Common Carrier is a proprietorship or partnership firm, the proprietors or partners must not be blacklisted or deregistered.

1.3: CBR Rule 8 obligates a registered common carrier to maintain a record of transactions in a register. CBR Rule 10 obligates a consignor to execute a goods forwarding note and submit it to the common carrier in duplicate; on receipt of the same, the common carrier shall issue a goods receipt.

B. CBA

2.1: The CBA provides for requirement of air carrier to issue and deliver passenger ticket, luggage ticket/ baggage check and air consignment note/ airway bill in relation to carriage of passengers, luggage and goods. These rules also provide for various particulars that are to be included in these tickets/ note.

2.2: The CBA also provides for liability of air carrier on account of death or injury to a passenger or on account of damages sustained to goods during carriage by air.

C. CBS

The CBS provides for the responsibilities of a carrier with respect to:
(i) make the ship seaworthy;
(ii) properly man, equip, and supply the ship;
(iii) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.

D. MMTG

4.1: MMTG provide that a person cannot engage in providing multimodal transportation services without registration from the appropriate authority.

4.2: MMTG also provides for liability upon a multimodal transport operator for loss resulting from:
(a) any loss of, or damage to, the consignment; and
(b) delay in delivery of the consignment and any consequential loss or damage arising from such delay.