Legalities involved in starting your own E-commerce Business

Posted on April 18, 2026April 19, 2026 by Advocate Puneet Bhasin

Legal Essentials for E-commerce Start-ups

E-commerce has seen a huge growth in the Indian consumer market. With the advent of smartphones and tablets, an E-store is far more accessible compared to a traditional brick-and-mortar store. At the touch of a finger, you can buy and sell products, and even connect with others through dating, matrimonial, or networking platforms.

However, many entering this domain are unaware of the legal compliances required under law. These compliances can help prevent future litigation and place businesses in a stronger legal position.

Key Legal Considerations

1. Structuring your E-commerce Business

This is the first stage of your business activity. A Partnership or LLP may seem suitable, but investors usually prefer a Private Limited Company. If you plan to raise funds, structuring correctly from the beginning avoids future complications.

2. Business Model

A well-researched business model acts as the blueprint of your venture. It guides legal documentation such as terms & conditions and vendor agreements, ensuring future scalability and compliance.

3. Domain Name

Registering a domain name does not guarantee intellectual property protection. Trademark registration is essential to secure exclusive rights and prevent misuse.

4. Privacy Policy

Every E-commerce portal must have a strong privacy policy to avoid penalties under the IT Act, 2000, which can go up to ₹5 Crores.

5. Terms and Conditions

These define the relationship between the company and users. A well-drafted agreement helps limit liability and protect business interests.

6. Vendor Agreement

This governs the relationship between vendors and the platform. It should clearly outline delivery, quality, commissions, and termination clauses.

7. User Agreement

This ensures user rights are protected while limiting the platform’s liability. It should also include clauses for updates to terms.

8. Data Security

Cybersecurity is crucial. Failure to protect user data can lead to penalties of up to ₹5 Crores.

9. Taxation

Taxation laws for E-commerce are evolving, but compliance is mandatory to avoid penalties and legal complications.

Conclusion: Proper legal planning ensures smooth operations and safeguards E-commerce businesses from future disputes and liabilities.

Date: Oct 06, 2015

Author: Puneet Bhasin

Hrithik- Kangana Email Fiasco- Focus on cyber law aspects rather than affair

Posted on April 18, 2026April 19, 2026 by Advocate Puneet Bhasin

Email Spoofing & Cyber Investigation: A Legal Perspective

As a cyber lawyer, I have been closely following the case involving Hrithik and Kangana. There appear to be several loopholes that raise questions about whether the investigation has been thorough enough.

Without taking sides, it is possible that either both parties are victims of an email spoofing scam or only one of them is. Email spoofing is a common cyber offence where emails are sent from someone else’s address without actually hacking their account.

Advanced tools allow cyber criminals to send emails appearing to originate from a legitimate email ID. The only reliable way to detect such activity is through IP address tracking and email header analysis.

Understanding Email Spoofing

For example, if someone owns an email ID like abc@gmail.com, a cyber criminal can send emails appearing from that ID without accessing the account. This can be traced through forensic analysis.

Possible Scenarios

It is possible that both individuals are victims of a third party using spoofing techniques. Alternatively, one party may have spoofed the other’s email. In either case, cyber forensic investigation can determine the truth.

Need for Proper Investigation

In such cases, all digital devices including phones, laptops, and tablets should be seized and analyzed. These devices are mirrored, and forensic analysis is conducted on the mirrored data.

Role of Service Providers

Internet Service Providers and telecom companies maintain log files, which act as a blueprint of online activity. These logs help verify whether messages were actually sent.

Digital Evidence Examination

Even multimedia content like private videos can be examined for authenticity using forensic tools, including identifying the device used to record them.

Legal Implications

If a third party is responsible, they may be charged under offences like Cyber Personation, Unauthorized Access, and Hacking under the IT Act. If either party is involved, the same laws apply to them.

Unfortunately, public focus has largely been on the alleged relationship between the individuals rather than the technical aspects of cybercrime investigation, which can provide clear answers.

It is important to note that service providers retain data only for a limited time. Delays in investigation can result in loss of crucial evidence.

Conclusion: Email spoofing is a serious and often misunderstood cybercrime. Proper forensic investigation and timely action are essential to uncover the truth and ensure justice.

Date: Nov 14, 2017

Author: Advocate Puneet Bhasin, Cyber Law Expert, Cyberjure Legal Consulting

Technology Laws & Cyber Security Essentials in New Age India

Posted on March 17, 2026April 19, 2026 by Advocate Puneet Bhasin

Evolution of Cyber Laws & Legal Framework in India

Technology laws in India have existed since 2000. However, with the rapid growth of smartphones and internet penetration, awareness and enforcement of these laws have significantly increased. Over the last decade, society has adapted to technology, but misuse has also grown, leading to a sharp rise in cyber crimes.

Today, cyber crimes such as hacking, data theft, unauthorized access, phishing, and cyber fraud are widespread. Even traditional crimes like fraud and adultery now have digital evidence such as WhatsApp chats, emails, and social media posts.

Information Technology Act, 2000

Section 66A

This controversial section allowed arrests for causing annoyance online. It was later struck down by the Supreme Court due to vague terminology.

Section 43A

Imposes liability up to ₹5 Crores on companies failing to protect sensitive personal data (SPDI), such as financial or biometric data.

Cyber Offences (66B, 66C, 66D)

Covers offences like possession of stolen devices, identity theft, and cyber impersonation including fake profiles.

Cyber Pornography (Sections 67, 67A, 67B)

Distribution of pornography is illegal, while private viewing is allowed except in cases involving child pornography.

Section 72A – Duty of Companies

Companies must protect user data, failing which penalties apply for breach of confidentiality.

Section 79 – Intermediary Liability

Provides safe harbour to intermediaries if they act within 36 hours of receiving notice to remove unlawful content.

Authorities Under the Act

Cyber law violations are handled by Adjudicating Officers in each state. Appeals go to the Cyber Appellate Tribunal, then High Courts, and finally the Supreme Court.

Emerging Areas in Technology Law

E-commerce Laws

Covers legal aspects like contracts, compliance, and foreign investments in online businesses.

Blockchain Compliance

Deals with jurisdiction issues, intellectual property, and data privacy in decentralized systems.

Internet of Things (IoT)

Focuses on data protection, privacy laws, and liability of data processors in connected devices.

Smart Cities Compliance

Includes regulations for data protection, cybersecurity, environment laws, and intellectual property.

Artificial Intelligence Laws

Addresses liability in automated systems such as self-driving vehicles and AI-based technologies.

FinTech & GDPR Compliance

Governs financial technologies and mandates data protection standards, especially when handling EU citizen data.

Combating Cyber Crimes in Companies

Organizations must adopt both proactive and reactive measures:

Information Technology Law Compliance Audits
Cyber Security Audits
Cyber Threat Intelligence
Cyber Disaster Management & Policy Planning

Conclusion: As technology evolves, legal frameworks must continuously adapt. Strong compliance, awareness, and cybersecurity practices are essential for individuals and organizations alike.

Date: Jan 15, 2018

Author: Advocate Puneet Bhasin

Legal Status of Cryptocurrency under New Budget

Posted on March 16, 2026April 18, 2026 by Advocate Puneet Bhasin

Legal Status of Cryptocurrency under New Budget

Finance Minister Arun Jaitely has very clearly laid down the stand of the Indian Government on Cryptocurrency and Blockchain in the Union Budget 2018. Contrary to what the news articles are claiming, in my opinion Cryptocurrency is not banned.

The Government has only maintained its earlier stand that “Cryptocurrency is not legal tender in India”, which is nothing new and was already declared earlier. This means Cryptocurrency is not recognised in India for commercial transactions like buying or selling goods and services.

In simple words, legal tender is any official medium of payment recognized by law which can be used to settle debts or financial obligations. Cryptocurrencies cannot be used for such purposes in India.

An individual holding Cryptocurrency can use it in countries where it is accepted. Also, exchanging one cryptocurrency for another is considered a barter transaction and not illegal. However, you cannot use Cryptocurrency to purchase goods in India.

The Government has stated it will crack down on illegal transactions involving Cryptocurrency. There is also a need for a proper regulatory framework or a clear legal stance.

The Government will also harness Blockchain Technology for the Digital India Movement, giving legitimacy to the technology.

Summary: Cryptocurrency is not legal tender, though not banned, and Blockchain technology can be freely used for development.