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ARTICLE · 15 FEBRUARY 2019

Recent Developments In FDI On E-Commerce

B2C e-commerce, that is multi-brand retail through inventory based model, has all along remained prohibited for FDI.

IndiaGovernment, Public Sector

The FDI policy on e-commerce, first pronounced through Press Note 2 of 2000, permitted 100% FDI in business to business ("B2B") e-commerce activities. With a view to clarify the already existing policy framework, after extensive stakeholder consultations, Press Note 3 was issued by DIPP in 2016 dated 29 March 2016 ("PN 3 of 2016"). Under the PN 3 of 2016, FDI in e-commerce sector was permitted under 100% automatic route for entities that carry out business on B2B basis and function on a marketplace based model of e-commerce. The marketplace based model of e-commerce was defined under PN 3 of 2016 to mean providing of information technology platform by an e-commerce entity on a digital & electronic network to act as a facilitator between buyer and seller. Under the aforesaid press note, FDI was not permitted under automatic route in entities engaged in business to consumer ("B2C") model and in the inventory based model of e-commerce. Inventory based model of e-commerce

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