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INDIA

Since July 2020

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection (E-Commerce) Rules, 2020
The Consumer Protection (E-Commerce) Rules, 2020, provides a comprehensive framework for consumer protection that also applies to online transactions. The Rules introduced in 2020 established several requirements, such as displaying requirements for the name and details of sellers, details of returns, refunds, exchanges, warranties, and guarantees. In addition, requires sellers on the platform to provide an undertaking affirming the accuracy of descriptions, images, and other content of the goods or services on the platform, including that they correspond directly with the appearance, nature, quality, and purpose.
Coverage E-commerce sector

INDIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
India has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

INDIA

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
India has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

INDIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
India has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

INDIA

Since June 2021

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Product screening and additional testing requirements
National Security Directive on Telecommunication Sector
The Indian government used to block purchases of telecom equipment from Chinese vendors on national security grounds. The Department of Telecommunications amended its license conditions for mobile service providers and required them to submit all plans for the procurement of telecom equipment from foreign vendors for screening and “security clearance” purposes. Although the amendment did not single out China, it is reported that, in practice, security agencies had been blocking applications involving Chinese vendors.
The aforesaid process is soon to be replaced with a new Directive, which will enter into force in mid-2021. The Department of Telecommunications will declare a list of trusted sources and products for installations in India's telecom network. The methodology to designate trusted products will be devised by the designated authority (National Cyber Security Coordinator). As per the directive, telecom service providers will be required to connect new devices from the list of trusted products. The list of trusted sources and products will be decided based on the approval of a committee headed by the deputy national security advisor. When announcing the directive, the Telecom and IT Minister said that measures will be taken to increase the use of equipment from trusted Indian sources.
Coverage Telecom equipment

INDIA

Since March 2016

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
License Agreement for Unified License
According to Condition 37.1 of the License Agreement for Unified License, issued by the Department of Telecommunications, Ministry of Communications and Information Technology, Internet Service Provider licensees are prohibited from employing bulk encryption equipment in their networks. The licensor or officers designated for this purpose have the authority to evaluate any encryption equipment connected to the licensee's network. However, the licensee remains responsible for ensuring the protection of communication privacy and preventing unauthorised message interception.
Coverage Internet Service Provider (ISP)

INDIA

Reported in 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Ban of mobile applications
It is reported that during the course of 2020, the Ministry of Information and Technology, based on the provisions of Section 69A of the Information Technology Act and relevant provisions of the Information Technology (Procedure and Safeguards for Blocking Access to Information by the Public) Rules, 2009, banned 267 apps in view of the emerging nature of security threats posed by these apps and the detrimental nature of these apps to sovereignty, defence and law and order in India. The Ministry has reportedly pointed out that these apps raise data security and privacy concerns. On June 29, 2020, 59 apps were banned; on September 2, 2020, 118; and on November 24, 2020, 43.
Coverage 267 mobile apps

INDIA

Reported in 2018, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
Exporters have raised concerns regarding India’s application of customs valuation criteria to import transactions. Reports indicate that Indian customs officials occasionally reject the declared transaction value of imports, particularly for products with established benchmark prices in India. This practice can potentially increase export costs beyond the expected levels based on India's applied tariff rates. Companies have also reported extensive searches and seizures of imports, which do not seem to be risk-based. Additionally, India's customs authority typically demands extensive clearance documentation, resulting in prolonged processing delays.
Coverage Horizontal

INDIA

Since June 2012

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import Export Classification, Indian Trade Classification – Harmonized System (ITC-HS) Code and Import Policy 2012
According to the Import Export Classification, Indian Trade Classification – Harmonized System (ITC-HS) Code, and Import Policy 2012, certain goods require special permission or licensing in order to be imported. Selected consumer goods, including radio and TV broadcast transmitters and communication jamming equipment, are qualified as licensed/restricted items that can only be imported after obtaining an import license from India’s Directorate General of Foreign Trade (DGFT). However, it has been reported that India is increasingly using import licenses at the discretion of the authorities to limit imports of sensitive products. In addition, it is reported that the licensing system is not automatic as it involves delays, and authorised quantities can be lower than requested. Licenses are granted to actual users.
Coverage Selected electronic items (e.g. HS Codes 85255010, 85255020, 85255040, 85255090, 85261000, 85269110, 85269130, 85269140, 85269150, 85269190, 85291011, 85291021, 85291091, 85299010, 85437091)

INDIA

Since April 2015, as amended in March 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Foreign Trade Policy (2015-2010)
As per the Foreign Trade Policy, 2015-2020, India has distinguished between goods that are new and those that are second-hand, remanufactured, refurbished or reconditioned. The country allows the import of second-hand capital goods by end-users without an import license, provided the goods have a residual life of five years. In addition, users are required to present the certificate of an Indian chartered engineer attesting that such spare parts have at least 80% residual life of the original spare part, while second-hand domestic capital goods are not subject to this requirement. Problems reported by industry representatives include excessive details required in the license application, quantity limitations set at specific part numbers, and long delays between application and license issuance. According to a 2018 amendment (DGFT Notification No. 58/2015-2020), second-hand goods imported for repair, refurbishment, reconditioning or re-engineering purposes can be exported back under the customs notification provided that the waste generated during the repair or refurbishment of the imported items is treated in accordance with national environmental laws/regulations/rules/regulations/standards.
Coverage Refurbished computer spare parts

INDIA

Since July 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 22/2015-2020
On 30 July 2020, the Indian Directorate General of Foreign Trade, through Notification No. 22/2015-2020, amended the import policy of colour television sets from "Free" to "Restricted". According to the notification, a license shall be required for imports of these TV sets, including smart TVs.
Coverage Smart TVs

INDIA

Since October 2012, last amended in July 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021
According to the Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order of 2021, and subsequent notifications, 76 ICT products must undergo registration and labelling prior to being launched in the market. In addition, no person shall manufacture or store for sale, import, sell, or distribute goods that do not conform to the Indian standard specified in the order and do not bear the Standard Mark with a unique registration number obtained from the Bureau of Indian Standards (BIS). BIS grants a license to the manufacturers to use or apply Standard Mark with a unique R-number through registration based on self-declaration of conformity for goods and articles as per Indian Standards. Examples of products subject to the scheme include set-top boxes, amplifiers, laptops/notebooks/tablets, scanners, printers, and mobile phones. It is reported that India has been tightening quality clearances for electronic products from China, which has ended up holding up products such as mobile phones from Chinese companies. While applications to the BIS are typically processed within 15 days, they now take more than two months.
Coverage ICT goods

INDIA

Since May 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 5 (2015-2020), 2019
According to Notification No. 5 (2015-2020), the import of goods (new as well as second-hand, whether or not refurbished, repaired, or reconditioned) notified under the Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order of 2021 is prohibited unless they are registered with the Bureau of Indian Standards and comply with its labelling requirements, or on a specific exemption letter from the Ministry of Electronics and Information Technology (MEITY) for a particular consignment.
Coverage Electronic and IT Goods including second-hand computers and mobile phones

INDIA

Since April 2013, last amended in October 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Consolidated Foreign Direct Investment (FDI) Policy Circular of 2020
According to the Consolidated Foreign Direct Investment (FDI) Policy Circular 2020, for any single-brand retail, including e-commerce entities with physical stores in India, foreign investment exceeding 51% is only allowed when 30% of the value of goods purchased is done from India. This requirement was established by the Consolidated Foreign Direct Investment (FDI) Policy Circular 2013. It is reported that India has modified the requirements in recent years, including by allowing firms to offset the local sourcing requirement by sourcing products from India for global supply chains. In addition, despite these modifications, it is reported that the local content requirements remain prohibitive for certain retailers with highly specialised supply chains.
Coverage E-commerce sector

INDIA

Since August 1992

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Foreign Trade (Development and Regulation) Act 1992
According to the Foreign Trade (Development and Regulation) Act, the export of dual-use items and technologies is either prohibited or permitted under a license. The list of dual-use items also includes electronics, computers, and information technology, including information security.
Coverage Several items including electronics, computers, and information technology (including information security)

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