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India’s Draft E-Commerce Policy: 1mg Technologies asks for reduction of regulatory burden

1mg Technologies has asked for lesser regulatory burden on platforms with respect to the takedown procedure, seller undertakings requirements, and response times to complaints, in comments on the draft e-commerce policy to the DPIIT. They also ask for disclosures requirements to be in line with existing ones under Press Note 3 and the IT Rules on sensitive personal information. 1mg Technologies is an e-commerce platform dealing in healthcare services. Their full submission can be accessed here, and is summarised below. We are also compiling a list of submissions made to the DPIIT, accessible here. Regulatory Burden on Platforms: Seller Undertakings, Disclosures Harmonisation of data disclosure requirements: The submission asks for the policy's stance on data collection disclosure to mirror the requirements under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 read with Section 43 of the IT Act. This requires any company possessing personal information to maintain a privacy policy. Alternatively, it asks the DPIIT to provide the modalities for making a ‘full disclosure’ regarding data collection. Clarification required on seller disclosures: The submissions asks for harmonisation seller disclosure requirements of the policy with the disclosure requirements applicable to the online marketplaces in Press Note 3 of 2016 and Press Note 2 of 2018 issued by DPIIT. It asks for the phrase ‘contact details including email and phone number’ to be substituted with ‘other contact details’. Simplification of seller undertaking process: The submission recommends a limited requirement of a general undertaking as to the authenticity…

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