Consumer Protection (E-Commerce) (Amendment) Rules, 2021

Last updated: 19 May 2021

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The Ministry of Consumer Affairs has introduced the Consumer Protection (E-Commerce) (Amendment) Rules, 2021. These new rules, effective from their publication date, amend the existing 2020 e-commerce rules. The key change mandates that all e-commerce entities, including incorporated companies and foreign entities, must appoint a nodal officer or a senior designated functionary who is a resident in India. This appointed individual will be responsible for ensuring compliance with the Consumer Protection Act and its associated rules.

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

NOTIFICATION

New Delhi, the 17th May, 2021

G.S.R. 328(E).- In exercise of the powers conferred by sub-clause (zg) of sub-section (2) of section 101 of the Consumer Protection Act, 2019 (35 of 2019), the Central Government hereby makes the following rules to amend the Consumer Protection (E-Commerce) Rules, 2020, namely: -

1. (1) These rules may be called the Consumer Protection (E-Commerce) (Amendment) Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Consumer Protection (E-Commerce) Rules, 2020, in rule 4, for sub-rule (1), the following sub-rule shall be substituted, namely:-

“(1) where an e-commerce entity is a company incorporated under the Companies Act, 1956 (1 of 1956) or under the Companies Act, 2013 (18 of 2013) or a foreign company covered under clause (42) of section 2 of the Companies Act, 2013 (18 of 2013) or an office, branch or agency outside India owned or controlled by a person resident in India as provided in sub-clause (iv) of clause (v) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999), it shall appoint a nodal officer or an alternate senior designated functionary who is resident in India, to ensure compliance with the provisions of the Act or the rules made thereunder.”

[F. No. J-10/3/2018-CPU]
ANUPAM MISHRA, Jt. Secy.

Note: The principal rules was published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (i) vide number G.S.R. 462 (E), dated the 23rd July, 2020.

FAQ :

These are amendments to the Consumer Protection (E-Commerce) Rules, 2020, introduced by the Ministry of Consumer Affairs, Food and Public Distribution.

The rules come into force on the date of their publication in the Official Gazette.

The main change requires e-commerce entities to appoint a nodal officer or an alternate senior designated functionary who is resident in India.

Any e-commerce entity that is a company incorporated under the Companies Act, 1956 or 2013, a foreign company, or an office/branch/agency outside India owned or controlled by a person resident in India.

The nodal officer is responsible for ensuring compliance with the provisions of the Consumer Protection Act, 2019, or the rules made thereunder.