Amending the Draft Consumer Protection (E-commerce) Rules, 2020: Regulatory Overreach?

Author: Anushri Uttarwar


Abstract

This article discusses some of the key provisions of the draft amendments to the Consumer Protection (E-Commerce) Rules, 2020. It analyses them through three lenses, viz. excessive delegation, separation as well as conflation of inventory and marketplace e-commerce business models, and encroachment upon other Indian regulators’ ambits.



Introduction


The Ministry of Consumer Affairs, Food and Public Distribution notified draft amendments to the Consumer Protection (E-Commerce) Rules, 2020 (“Rules”), recently. The Rules were open for public consultations until August 5, 2021 and are set to be released soon.


This article will discuss some of the key provisions of the said proposal, their purpose, validity, and viability. It will do so through three arg