What types of contracts does AMLEGALS handle?

AMLEGALS provides comprehensive contract advisory across 43+ contract types including Technology contracts (SaaS, AI/ML, Cloud Services), Data Privacy agreements (DPAs, DPDPA compliance), Commercial contracts (MSAs, Supply, Distribution), IP & Licensing, Employment agreements, and International Trade contracts.

What is the TCL Framework for contracts?

The TCL Framework is AMLEGALS proprietary approach that examines every contract through three lenses: Technical (understanding the operational realities), Commercial (aligning business objectives), and Legal (ensuring compliance and risk mitigation). This integrated approach ensures contracts that work in practice, not just on paper.

Does AMLEGALS handle DPDPA-compliant contracts?

Yes, AMLEGALS specializes in DPDPA-compliant contracts including Data Processing Agreements, Cross-Border Transfer Mechanisms, Data Sharing Agreements, and Consent Management frameworks. Our Vibe Data Privacy™ framework ensures comprehensive compliance with the Digital Personal Data Protection Act, 2023.

Can AMLEGALS help with AI and technology contracts?

Yes, AMLEGALS has dedicated expertise in AI/ML Contracts, AI Governance agreements, AI Training Data Licensing, SaaS Agreements, Cloud Services agreements, and System Integration contracts. We address emerging issues like algorithmic accountability, model ownership, and AI liability allocation.

How does DPDPA affect targeted advertising?

DPDPA significantly impacts targeted advertising: (1) Explicit consent required—browsing or purchasing doesn't imply consent to profiling for advertising; (2) Purpose specification—consent must specifically mention advertising/profiling purposes, not buried in general terms; (3) Third-party sharing consent—sharing data with ad networks requires consent naming those categories of recipients; (4) Data principal rights—customers can withdraw consent, access their profiles, and request deletion; (5) Children's data—targeting advertising to children faces additional restrictions. Practical implications include consent management system implementation, first-party data strategy prioritization, contextual advertising alternatives, and renegotiated ad partner agreements with clearer data handling obligations.

What data can marketplaces share with sellers?

Marketplace-seller data sharing must be purpose-limited: (1) Order fulfilment data—shipping address, contact for delivery, order details—can be shared for fulfilling that specific order; (2) Customer identity for seller's marketing—requires separate customer consent; marketplace cannot assume consent to share for seller marketing; (3) Customer reviews and feedback—can typically be shared as related to the transaction; (4) Customer browsing/preference data—generally should not be shared without explicit consent; (5) Aggregated anonymous data—can be shared if truly anonymized. Seller agreements should specify: what data is shared, permitted uses (fulfilment only vs. marketing permitted), prohibited uses, retention limits, and deletion obligations when relationship ends. Customer-facing disclosure should explain what data goes to sellers.

How should cookie consent be handled under DPDPA?

DPDPA requires meaningful consent for cookies that process personal data: (1) Essential cookies—those necessary for site function may not require consent, but scope is narrow; (2) Analytics cookies—require consent with clear explanation of what's tracked; (3) Advertising/tracking cookies—require explicit consent with disclosure of third parties receiving data; (4) Consent mechanism—should offer genuine choice, not just "accept all" prominence; (5) Withdrawal—must be as easy as giving consent; (6) Record-keeping—document consent for compliance evidence. Dark patterns prohibited—consent banners designed to manipulate (hidden reject, confusing options, repeated prompts) violate DPDPA principles. Consider privacy-preserving analytics alternatives that don't require consent. Cookie consent platforms need updating for DPDPA compliance.

What are data retention requirements for e-commerce?

DPDPA requires data deletion when purpose is fulfilled: (1) Transaction data—retain as needed for warranty, returns, accounting (typically 7-8 years for tax purposes); (2) Customer account data—retain while account active, delete after account closure plus reasonable period; (3) Marketing profiles—delete when consent withdrawn or account closed; (4) Browse/search history—shortest retention consistent with purpose; (5) Payment data—PCI-DSS has specific retention rules. Best practice: (a) Define retention periods by data type and purpose; (b) Build automated deletion systems; (c) Document retention policy; (d) Train staff on compliance; (e) Audit regularly. Indefinite retention "in case we need it" violates DPDPA. Retention periods should be defensible based on genuine business or legal need.

E-Commerce & Retail Data Privacy Contracts | Consumer Data Protection

Overview

E-commerce operates through data. Customer preferences, browsing behaviour, purchase history, payment information, and delivery addresses enable the personalized experiences that drive conversion. The Digital Personal Data Protection Act, 2023 fundamentally reshapes how this data can be collected, used, and shared. The business model implications are significant.

Consumer consent becomes central. Gone are the assumptions that browsing a website implies consent to data collection. DPDPA requires specific, informed consent with clear purposes. Dark patterns designed to manipulate consent are prohibited. These requirements reshape interface design, marketing practices, and partnership agreements.

The e-commerce ecosystem involves multiple data flows—marketplaces to sellers, platforms to advertisers, retailers to logistics providers, payment processors to fraud systems. Each flow requires contractual treatment. Data sharing that seemed routine now requires explicit authorization, clear purpose limitation, and appropriate safeguards.

Key Considerations

1

Consent Architecture

Designing consent flows that satisfy DPDPA requirements while maintaining conversion rates and customer experience.

2

Marketplace Data Governance

Contracts between marketplaces and sellers addressing customer data access, use limitations, and platform responsibilities.

3

Advertising Data Practices

Agreements governing targeted advertising, customer profiling, and third-party data sharing with ad networks.

4

Payment Data Security

PCI-DSS compliance integrated with DPDPA requirements for payment information handling.

5

Logistics Data Sharing

Contracts with delivery partners addressing customer data access limited to fulfilment purposes.

6

Customer Analytics

Agreements for data analytics services including personalization engines, recommendation systems, and customer segmentation.

Applying the TCL Framework

Technical

Consent management platform implementation and integration
Cookie consent and tracking technology compliance
Data anonymization and pseudonymization for analytics
Access controls for customer data across systems
Secure data sharing APIs for ecosystem partners

Commercial

Data monetization within DPDPA constraints
Advertising revenue implications of consent requirements
Partner data sharing fees and restrictions
Customer data as asset in M&A contexts
Pricing for privacy-preserving analytics services

Legal

DPDPA consent requirements implementation
Consumer Protection (E-Commerce) Rules compliance
Marketplace seller agreement data provisions
Advertising partner data processing agreements
Data principal rights handling procedures

“

"E-commerce grew by treating customer data as a free resource. That era is ending. The businesses that thrive under DPDPA will be those that earn customer trust through transparent data practices—not those that find clever ways to extract consent customers don't understand."

AM

Anandaday Misshra

Founder & Managing Partner

Common Pitfalls

Dark Pattern Risks

Interface designs that manipulate consent—pre-ticked boxes, confusing language, hiding opt-outs—violate DPDPA and invite regulatory action.

Marketplace Assumption

Assuming marketplace platform can use seller customer data freely when DPDPA requires specific authorization for each processing purpose.

Third-Party Data Blindspots

Sharing customer data with advertising partners without explicit consent for those specific recipients and purposes.

Analytics Overreach

Using customer data for profiling and analytics beyond what consent covers, creating compliance gaps.

Data Retention Excess

Retaining customer data indefinitely for potential future use when DPDPA requires deletion when purpose is fulfilled.

E-Commerce Data Regulatory Framework

DPDPA 2023 establishes consent requirements, purpose limitation, and data principal rights that reshape e-commerce data practices. Consumer Protection (E-Commerce) Rules 2020 require explicit consent for data collection and prohibit discriminatory use. Consumer Protection Act 2019 creates product liability and unfair trade practice frameworks. Information Technology Act provisions on data breach notification apply. Payment Card Industry Data Security Standard (PCI-DSS) governs payment data. RBI guidelines on payment data add localization requirements. CCI investigations have examined data practices of dominant platforms. Draft E-Commerce Policy has proposed additional data sharing requirements. Consumer data protection is receiving increasing regulatory attention across multiple frameworks.

Practical Guidance

Redesign consent flows for DPDPA compliance—clear language, specific purposes, genuine choice without dark patterns.
Audit data sharing with ecosystem partners—every flow needs contractual coverage with purpose limitations.
Implement data retention policies—define retention periods by data type and purpose, build deletion automation.
Review advertising data practices—third-party sharing for advertising requires explicit consent for those specific uses.
Address marketplace seller data access—sellers may need order fulfilment data but not customer profiles for their own marketing.
Build data principal rights handling—access, correction, erasure requests need defined processes and response timelines.

Frequently Asked Questions

Related Contract Types

Data Processing Agreements

Data Privacy & Protection

DPDPA-compliant contracts defining processor obligations, sub-processing, and breach notification

Distribution Agreements

Commercial & Corporate

Channel partner contracts balancing exclusivity with performance obligations

Consent Management Agreements