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E-Commerce Policy: Centre To Regulate Cross-Border Flow Of Data

Restrictions on cross-border flows of data would not apply to data which is not collected in India, business-to-business (B2B) data sent to India as part of a commercial contract between a business entity located outside India and an Indian business entity.

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E-commerce
"India's data should be used for the country's development. Indian citizens and companies should get the economic benefits from the monetisation of data," said the draft policy released by the Commerce Ministry's Department for Promotion of Industry and Internal Trade (DPIIT). Pixabay

The Centre on Saturday released the draft e-commerce policy which proposes the regulation of cross-border flow of data collected by the sector players in India.

The draft policy is now in the public domain for comments and feedback from the stakeholders.

“India’s data should be used for the country’s development. Indian citizens and companies should get the economic benefits from the monetisation of data,” said the draft policy released by the Commerce Ministry’s Department for Promotion of Industry and Internal Trade (DPIIT).

All the data collected by the e-tailers in India and stored abroad should not be made available to other business entities outside the country, for any purpose, even with the customer consent, it said.

E-commerce
The data stored abroad “shall not be made available to a third party, for any purpose, even if the customer consents to it; all such data stored abroad shall not be made available to a foreign government, without the prior permission of Indian authorities,” as per the policy. Pixabay

The data stored abroad “shall not be made available to a third party, for any purpose, even if the customer consents to it; all such data stored abroad shall not be made available to a foreign government, without the prior permission of Indian authorities,” as per the policy.

However, the draft policy provides the government the right to access the data of Indian consumers stored abroad.

“A request from Indian authorities to have access to all such data stored abroad, shall be complied with immediately.”

The government will also prescribe penal consequences if an online retailer violates the rules.

Restrictions on cross-border flows of data would not apply to data which is not collected in India, business-to-business (B2B) data sent to India as part of a commercial contract between a business entity located outside India and an Indian business entity.

Software and cloud computing services involving technology-related data flows, which have no personal or community implications; and multi-national companies moving data across borders, which is largely internal to the company and its ecosystem would not have to follow the regulations.

As per the policy, domestic industrial standards need to be formulated and facilitated for smart devices and IoT (Internet of Things) devices to meet the goals of the country including, consumer protection, secured transactions, enhanced interoperability and ease-of-user interface.

E-commerce
Restrictions on cross-border flows of data would not apply to data which is not collected in India, business-to-business (B2B) data sent to India as part of a commercial contract between a business entity located outside India and an Indian business entity. Pixabay

National standard-setting organisations will be involved in this exercise along with other stakeholders, it said.

Regarding the taxation part, it said that the current practice of not imposing custom duties on electronic transmissions must be reviewed in the light of the changing digital economy and the increased role that additive manufacturing is expected to take.

The FDI policy in e-commerce has been developed in order to ensure that the marketplace provides a level playing field to all participants, it said.

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“A situation of capital dumping is to be strongly discouraged.”

The new FDI norms, which prohibit the e-tailers from selling products of companies in which they have stakes, came into effect on February 1 despite both Amazon and Walmart seeking a six-month delay in their implementation. (IANS)

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Sell Your Artefacts In Exhibitions Organized By Ministry of Culture

Own an artefact? Get a government tag and sell

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Artefacts
Antiquities would be showcased at exhibitions with the help of Ministry of Culture. Pixabay

In a unique initiative to prevent antiques like sculptures, manuscripts, vessels and paintings that are a century old from landing up with the ‘kabadi wala’, the government is proposing to invite people to showcase their artefacts at exhibitions and sell them to prospective buyers.

According to sources, the Ministry of Culture will invite people to bring their artefacts to the government centres, after which the authenticity of the pieces will be established.

Once they are proven to be more than a century old, the antiquities would be showcased at exhibitions. These pieces would be given a tag, to establish that they are real antique pieces, after which interested buyers could purchase such items.

The process will not only help to identify the antiquities in the possession of people but also help the owners get them certified by the government, the sources said.

Artefact exhibition to be organized by the government of India. IANS
Artefact exhibition to be organized by the government of India. IANS

“Once assessed for their authenticity, these items can then be sold to prospective buyers,” the sources added. Sale of antique items is currently prohibited under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and can invite a fine up to Rs 5,000.

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As per the Act, antiquity is referred to any article or object of historical interest that has been in existence for not less than one hundred years. Coins, sculptures, manuscripts, epigraphs, other works of art of craftsmanship, objects or things illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, are also declared as antiquities under the Act.

The plan to preserve historically important objects is in the final stage and would go a long way in preserving the ancient culture. Officials believe that a large number of century-old antique objects are subjected to destruction due to carelessness. (IANS)