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Questions and Answers
What legal effect do electronic documents have compared to traditional documents?
What legal effect do electronic documents have compared to traditional documents?
What must be shown to equate an electronic signature to a handwritten signature?
What must be shown to equate an electronic signature to a handwritten signature?
In legal proceedings, what is presumed about an electronic signature?
In legal proceedings, what is presumed about an electronic signature?
How can the requirement for original documents be satisfied?
How can the requirement for original documents be satisfied?
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What is required for the authentication of electronic documents and signatures?
What is required for the authentication of electronic documents and signatures?
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What is the status of electronic data messages in legal proceedings?
What is the status of electronic data messages in legal proceedings?
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What is a requirement for retaining electronic data messages?
What is a requirement for retaining electronic data messages?
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What happens if a person knows of potential defects in an electronic signature?
What happens if a person knows of potential defects in an electronic signature?
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When is an electronic transaction considered consummated?
When is an electronic transaction considered consummated?
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What is the legal effect of an electronic data message as declared by the originator?
What is the legal effect of an electronic data message as declared by the originator?
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What should the addressee assume when receiving an electronic data message?
What should the addressee assume when receiving an electronic data message?
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What governs the acknowledgment of receipt for electronic documents?
What governs the acknowledgment of receipt for electronic documents?
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When is the dispatch of an electronic data message considered to have occurred?
When is the dispatch of an electronic data message considered to have occurred?
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What does the obligation of a bank or entity arising from an electronic transaction represent?
What does the obligation of a bank or entity arising from an electronic transaction represent?
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What is required for the validity of a declaration made in an electronic data message?
What is required for the validity of a declaration made in an electronic data message?
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What should an addressee realize about an error in an electronic data message?
What should an addressee realize about an error in an electronic data message?
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What describes the liability extent of a service provider regarding electronic data messages or documents?
What describes the liability extent of a service provider regarding electronic data messages or documents?
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Who is authorized to access an electronic file or electronic signature?
Who is authorized to access an electronic file or electronic signature?
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What is the penalty for unauthorized access under the act?
What is the penalty for unauthorized access under the act?
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How should a person handle an electronic key they have accessed without consent?
How should a person handle an electronic key they have accessed without consent?
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What constitutes the act of 'hacking' as defined in the context of penalties?
What constitutes the act of 'hacking' as defined in the context of penalties?
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What must be obtained before making an electronic key available to another party?
What must be obtained before making an electronic key available to another party?
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Which of the following best describes 'piracy' in the context of penalties?
Which of the following best describes 'piracy' in the context of penalties?
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What is the consequence for violations of the Consumer Act regarding electronic transactions?
What is the consequence for violations of the Consumer Act regarding electronic transactions?
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Which agencies are empowered to enforce the provisions of this Act?
Which agencies are empowered to enforce the provisions of this Act?
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What is the initial meeting frequency of the Congressional Oversight Committee after the Act's approval?
What is the initial meeting frequency of the Congressional Oversight Committee after the Act's approval?
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How will the funds necessary for the implementation of Sections 27 and 28 be sourced?
How will the funds necessary for the implementation of Sections 27 and 28 be sourced?
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What aspect must be considered in the statutory interpretation of this Act?
What aspect must be considered in the statutory interpretation of this Act?
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What is the extent of agreement variation concerning provisions of this Act among parties?
What is the extent of agreement variation concerning provisions of this Act among parties?
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Which of the following is NOT mentioned as part of the Congressional Oversight Committee?
Which of the following is NOT mentioned as part of the Congressional Oversight Committee?
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What is the primary role of the Department of Trade and Industry according to the content?
What is the primary role of the Department of Trade and Industry according to the content?
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What is the frequency of performance report submissions by the empowered agencies?
What is the frequency of performance report submissions by the empowered agencies?
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What significant infrastructure is to be implemented within two years as per the discussed provisions?
What significant infrastructure is to be implemented within two years as per the discussed provisions?
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What must be given due regard in the interpretation of this Act?
What must be given due regard in the interpretation of this Act?
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Which of the following rights or obligations remain unaffected by the switch to electronic documents?
Which of the following rights or obligations remain unaffected by the switch to electronic documents?
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Which level of government entities is included in the implementation of RPWEB?
Which level of government entities is included in the implementation of RPWEB?
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What type of transactions does the Act mandate the government to accept or require?
What type of transactions does the Act mandate the government to accept or require?
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The switch to electronic transactions does NOT affect which of the following?
The switch to electronic transactions does NOT affect which of the following?
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What is the timeline established for government agencies to transition to electronic document practices?
What is the timeline established for government agencies to transition to electronic document practices?
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What is the purpose of requiring government agencies to accept electronic documents?
What is the purpose of requiring government agencies to accept electronic documents?
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Study Notes
Legal Recognition of Electronic Documents
- Electronic documents are legally equivalent to paper documents
- Electronic signatures are legally binding if proven by a prescribed procedure, not alterable by interested parties
- Electronic signatures are presumed to be valid and affixed with intent, unless proven otherwise
- Electronic data messages and documents satisfy legal requirements for original forms
- Electronic documents, data messages, and signatures are authenticated by validating identity
- Electronic data messages and documents are admissible as evidence in legal proceedings
- Electronic data messages and documents need to be retained in a usable accessible form to satisfy legal requirements
Electronic Transactions in Government
- All government entities required to accept documents must adopt electronic transactions within two years
- An online network called RPWEB is to be established for efficient electronic data message and document transmission
- The DTI supervises the promotion of electronic commerce, collaborating with relevant agencies
Liabilities and Access
- Service providers are not liable for content they merely provide access to
- Electronic file, signature, or document access is limited to individuals or entities with legal rights for authorized purposes
- Electronic keys are not shared without consent
Penalties
- Unauthorized computer system access (hacking) carries a fine of at least ₱100,000 and imprisonment for 6 months to 3 years
- Piracy of protected works through networks is penalized with a minimum fine of ₱100,000 and imprisonment for 6 months to 3 years
- Violations of consumer laws during electronic transactions carry the same penalties as for those laws
- All other violations of this act are penalized
Implementation and Oversight
- The DTI, DBM, and BSP are responsible for implementing the act and issuing regulations within 60 days
- A Congressional Oversight Committee monitors the implementation of the Act
- Quarterly performance reports are required for the first three years
General Provisions
- The Act's interpretation prioritizes international origin and uniformity
- Generally accepted international law and conventions on electronic commerce are considered
- Provisions of the Act can be varied by agreement between parties
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Description
This quiz covers the legal frameworks surrounding electronic documents and signatures. It addresses their equivalence to paper documents, validation procedures, and admissibility in legal proceedings. Learn how electronic transactions are incorporated within government processes.