Page 692 - ES 2020-21_Volume-1-2 [28-01-21]
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             9.29  In  2021,  a  number  of  significant  structural  reforms  have  been  undertaken  to  drive
             innovation, technology adoption and efficiency in the IT-BPM sector, including Relaxation of
             OSP Terms & Conditions, and Consumer Protection (E-commerce) Rules, 2020. This would
             significantly expand access to talent, increase job creation, make India a global hub for digital
             services and catapult the sector to the next level of growth and innovation (See Box 1 for more
             details).

             9.30  The Indian start-up ecosystem has been progressing well, despite the Covid-19 pandemic.
             Faced with a myriad of challenges at the onset of the pandemic, the ecosystem defied the odds
             and had a record number of 12 start-ups that reached unicorn status. The country is home to 38
             unicorns at present, as per the Nasscom Tech Start up Report 2021. The US and China have 243
             and 227 unicorns, respectively.


                       Box 1: Major policy initiatives and reforms in IT-BPM Sector

                Relaxation of OSP Terms & Conditions: With an aim to improve the Ease of Doing Business
                of the IT Industry particularly Business Process Outsourcing (BPO) and IT Enabled Services,
                the Government, in November 2020, simplified the Other Service Provider (OSP) guidelines
                of  the  Department  of Telecom. The  new  guidelines  tremendously  reduce  the  compliance
                burden of the BPO industry and enables to ‘Work from Home’ (WFH).

                In effect, the registration requirements of Other Service Providers (OSPs) were done
                away  with  altogether  and  Business  Process  Outsourcing  (BPO)  services  engaged  in
                data  related  operations  have  been  taken  out  of  the  ambit  of  OSP.  In  addition,  other
                requirements such as deposit of bank guarantees, requirement for static IPs, frequent
                reporting obligations, publication of network diagram, penal provisions etc. have also
                been removed. These changes will enable IT-BPM companies to ‘Work from Home’ and
                ‘Work from Anywhere’. Additional dispensations to enhance flexibility for the Industry
                have been allowed.
                Consumer Protection Act, 2019: The Act came in to force on 20  July 2020 empowering
                                                                              th
                consumers  and  to  protect  their  rights  through  its  various  notified  rules  and  provisions
                such  as  Consumer  Protection  Councils,  Consumer  Disputes  Redressal  Commissions,
                Mediation, Product Liability and punishment for manufacture or sale of products containing
                adulterant  /  spurious  goods.  The Act  includes  establishment  of  the  Central  Consumer
                Protection Authority (CCPA) to promote, protect and enforce the rights of consumers.
                Moreover, every e-commerce entity is required to provide information relating to return,
                refund, exchange, warranty/guarantee, delivery, modes of payment, grievance redressal,
                payments, charge-back options, etc. including country of origin which are necessary for
                enabling  the  consumer  to  make  an  informed  decision  at  the  pre-purchase  stage  on  its
                platform. Further,  the  New Act  introduces  the  concept  of  product  liability  and  brings
                within its scope, the product manufacturer, product service provider and product seller,
                for any claim for compensation. The Department of Consumer Affairs (DoCA) published
                the Consumer Protection (E-commerce) Rules, 2020 in July 2020.
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