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Who is an e-commerce operator?
Team SoOLEGAL | 01/01/1970

Section 43B(e) of the MGL defines an Electronic Commerce Operator (Operator) as every person who, directly or indirectly, owns, operates or manages an electronic  platform  which  is  engaged  in   facilitating the supply of any goods and/or services. Also a person providing any information or any other services incidental to or in connection with such supply of goods and services through electronic platform would be considered as an Operator. A person supplying goods/services on his own account, however, would not be considered as an Operator. For instance, Amazon and Flipkart are e-commerce Operators because they are facilitating actual suppliers  to supply goods through their platform (popularly called Market place model or Fulfillment Model). However, Titan

supplying watches and jewels through its own website would not be considered as an e-commerce operator for the purposes of this provision. Similarly Amazon and Flipkart will not be treated as e-commerce operators in relation   to those supplies which they make on their own account (popularly called inventory Model).


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