E-commerce marketing · Industry brief

The EU's Digital Services Act designates online platforms and search engines with over 45 million monthly users in the EU as very large online platforms (VLOPs) or very large online search engines (VLOSEs), triggering stringent compliance obligations. Designated services must establish points of contact for authorities, publish user-friendly terms and conditions, maintain transparency regarding advertising and content moderation decisions, and maintain a publicly available repository of advertisements. VLOPs and VLOSEs must identify and assess systemic risks related to illegal content, fundamental rights, public security, and consumer protection, then implement mitigation measures. They are required to establish internal compliance functions, undergo independent audits at least annually, share compliance data with the Commission and national authorities, and allow vetted researchers access to platform data for systemic risk research. The Commission provides four months for compliance following designation, with platform user figures subject to review every six months.

Retailers face mounting TCPA litigation risk from text messaging and promotional calls, with statutory damages ranging from $500 to $1,500 per violation. The Telephone Consumer Protection Act requires businesses to obtain prior express written consent for telemarketing communications (a higher standard than prior express consent for informational messages), provide multiple opt-out methods that recognize seven per se revocation terms ("stop," "quit," "end," "revoke," "opt out," "cancel," "unsubscribe"), scrub call lists against the National Do Not Call Registry and Reassigned Numbers Database, and avoid solicitations between 9 p.m. and 8 a.m. in the recipient's time zone. Recent litigation has increased around quiet-time violations and opt-out language interpretation, prompting retailers to strengthen compliance postures through valid consent documentation, internal do-not-call lists, and routine policy updates as regulatory standards evolve.

India's Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 establish a comprehensive regulatory framework for holding e-commerce platforms accountable for damaged deliveries and defective products. Under the framework, e-commerce platforms can be held jointly liable with sellers for product defects, deficiency in service, or unfair trade practices — particularly where platforms exercise substantial control over pricing, packaging, logistics, or complaint resolution, or fail to disclose adequate seller information. The "fall-back liability" clause in the 2020 Rules prevents marketplaces from disclaiming responsibility simply by pointing to third-party sellers. Indian courts have consistently reinforced this accountability in landmark cases including Amazon Seller Services v. Gopal Krishan (National Commission), Shaikh Umar Farooq v. Flipkart (NCDRC, 2022), and Sri Shiv Nair v. Amazon Development Centre (Bangalore Urban District Commission), establishing that platforms cannot hide behind an "intermediary" defence when their conduct contributes to consumer loss. The Consumer Protection Act grants consumers rights to safety, information, redressal, and being heard, with complaints filed through a three-tier Commission system based on claim value, and a two-year limitation period from the date of delivery.