Information Transparency Requirements in Indian Contract Law and their Application in E-Commerce. Results from an Empirical Survey

India’s e-commerce market is growing at a rapid pace. Online trade depends on pre-contract information notices to put traders and consumers on an equal footing and ensure that transactions are completed with valid consent and under fair terms. However, past research in Western jurisdictions has shown that online information notices often fail to inform consumers well, even if transparency-enhancing measures are implemented. The problem with improving information transparency is often two-fold: legislative bodies do not define information requirements clearly and policymakers do not rely on empirically tested information optimisation measures that are in line with consumer experiences and expectations. In this paper, we review the status quo of online information disclosures in the Indian e-commerce sector. We compare Indian e-commerce information mandates to those of Western jurisdictions, and we identify areas for policy improvement. To concretise these suggestions, we conduct an exploratory survey of Indian online consumers (N=320) that identifies their experiences, opinions, and expectations in the context of contractual information online. We conclude with empirically motivated policy suggestions and directions for future research