E-commerce has become one of the premier choices of
retail industry in India. Further, traditional business houses are
also exploring the possible use of e-commerce to expand their brick
and mortar business.
A common mistake that most of e-commerce service
providers in India are making is avoidance of requisite legal
formalities in this regard. Legal
formalities required for starting e-commerce business in India
cannot be ignored as their breach may attract both civil and criminal
actions.
Thus, legal
requirements to start an e-commerce website in India must
be duly meet before jumping upon the e-commerce platform. This is
more so regarding companies entering into pharmaceuticals e-commerce
in India. Presently, online
sale and purchase of prescribed drugs and medicines in India
is a risky venture that must be undertaken only after fully complying
with the legal formalities prescribed in this regard.
According to Praveen Dalal, managing partner of
India’s exclusive techno legal ICT law firm Perry4Law,
while we have basic level e-commerce legal framework in India yet
e-health related legal framework is missing. For instance, e-health
in India is facing legal roadblocks. Till now we do not
have any dedicated e-health
laws and regulations in India. The legal
enablement of e-health in India is urgently required,
suggests Praveen Dalal.
According to Praveen Dalal, legal issues of
e-commerce in India vary as per different business models. For
instance, electronic
trading of medical drugs in India requires more stringent
e-commerce and legal compliances as compared to other e-commerce
activities. Digital
communication channels for drugs and healthcare products in India
are scrutinised more aggressively than other e-commerce activities.
In fact, regulatory
and legislative measures to check online pharmacies trading in banned
drugs in India are already in pipeline, informs Praveen
Dalal.
In a parallel development, the FIPB
postponed pharmaceuticals sector FDI proposals in India. Further,
India is also planning to reduce prices of expensive patented drugs
to make medicines affordable to its predominantly poor population.
The expiring
medicines patents could boost pharmaceutical e-commerce in India
as well.
