Advisories on E-Commerce And Retail


e-commerceElectronic Commerce, often called E-commerce refers to electronic-based Industries, buying and selling goods and services via electronic means. E-commerce does not only include various shopping websites but also includes those buyers and sellers doing their business through WhatsApp or Facebook. In other words, where the interaction between buyers and sellers is performed digitally or through any electronic means is said e-commerce. Khurana & Khurana regularly assists its clients which include businesses ranging from Internet service providers to companies selling goods and/or services over the Internet.

Our Offerings to our Clients

We advise companies and individuals on e-commerce practices and policies that must be complied with, in order to establish themselves and enable themselves to operate commercial websites. We also represent e-commerce companies in a plethora of industries and assist them throughout the lifespan of their businesses, right from their initial formation and funding to formulating of an exit strategy.

We  provide various advisories as well as drafting services with respect to the following issues:

  • “Click-through” contracts
  • Co-branding agreements
  • Content licensing, hosting, and other agreements for electronic rights management
  • Domain Name acquisition
  • Related trademark or service mark services, along with Domain name
  • Strategies to protect IP and proprietary rights
  • Drafting of Terms and Conditions, Terms of Use, Privacy Policy, among other like agreements/documents
  • Other Online policies

Retail Industry

retail industryThe Organized Retail Sector in India is highly regulated by the government, especially in terms of FDI. FDI in the retail Industry could be distributed into Wholesale Categories (where goods are sold to everyone excluding end consumer), Single Brand Retail (entities selling goods of one brand), Multi-Brand Retail (entities selling goods of various brands), and Food Retail (entities selling food-related products including online food selling companies).

Legal and business issues such as workforce management, class-action litigation, global sourcing financings, data protection, health-care reform, state tax issues, and ever-changing technology, among others, which impact the retail industry, need quick and appropriate legal assistance, advisories, and action. Khurana & Khurana provides a strong service and innovative legal solutions to help clients in the retail sector meet unique business challenges.

Our Offerings to our Clients

  • Consultation on entry strategy/ structuring of business/ formulation of the business model for e-commerce and retail companies, in line with the business objective and regulatory environment;
  • Consultation on potential risks
  • Consultation on Mergers and Acquisitions, Incorporation and registration related issues;
  • Consultation and assistance to e-commerce and retail companies incorporate commercial issues such as FDI Regulations, Tax implication, Competition Law Issues, and Intellectual Property law issues, etc;
  • Drafting, negotiation and finalizing various commercial contracts and agreements such as Licensing, agreements, Supply and Distribution contracts, Vendor Contracts, Internet Contracts, Loyalty Program Agreements, Confidentiality agreements, joint venture Agreements, Lease Agreement, etc;
  • Consultation on labelling, packaging, legal metrology, and censorship rules and regulations;
  • Consultation on State Shops & Establishment Act, Labour & Employment laws;
  • Consultation on EU General Data Protection Regulations, Data Privacy, Cross-border movement of data and other privacy-related issues;
  • Consultation on Information Technology Laws issues such as online payment processing (national and international sellers), e-wallet, e-KYC, cyber security, etc;
  • Consultation on other Important Laws for e-commerce and retail business such as Labour and Employment Law, Food Safety Law, Consumer Protection Law, Anti-Trust Law, etc;
  • All IPR related works including registration of trademark and patent for the companies, drafting licensing and assignment agreements for trademark and patents;
  • Obtaining bar codes, IEC (Import-Export codes), obtaining approvals under Food Security Act, Packaging of Commodities Rules, 1977, Food Adulteration Act, regulations for import and export of commodities, labeling, and packaging of products, etc;
  • Due Diligence for appointment of agents and distributors;
  • Protection of brands, conducting IP due diligence;
  • Obtaining bar codes, IEC (Import-Export codes), obtaining approvals under Food Security Act, Packaging of Commodities Rules, 1977, Food Adulteration Act, regulations for import and export of commodities, labeling, and packaging of products, etc;