Republic Act No. 8792: E-Commerce Act of 2000

• Republic Act No. 8792 is also known as the Electronic Commerce Act of 2000.
• The Act provides recognition and use of electronic commercial and non-commercial transactions and penalties.
• It gives legal recognition to electronic documents, signatures, and data messages as evidence in court.
• Former President Joseph E. Estrada signed Republic Act No. 8792.

Objectives of RA 8792

• Provides a secure legal framework and environment for electronic commerce.
• It protects the integrity of electronic documents and electronic signatures and their transmission and communication to build and ensure public trust.
• Section 4 covers all types of electronic messages and documents used for business and non-business activities, both within the country and internationally, including deals, transactions, agreements, contracts, and the storage of information.
• Section 34 identifies the agencies involved in implementing rules and regulations:
  • Department of Trade and Industry (DTI)
  • Department of Budget and Management (DBM)
  • Bangko Sentral ng Pilipinas (BSP)
  • Department of Transportation and Communications (DOTC)

E-Commerce

• E-commerce is defined as the buying and selling of goods and services, or the transmission of funds of data, over an electronic network, primarily the internet.
• Examples of Businesses: Lazada.com, Shopee.ph, Amazon.com, Ebay.com

Types of E-Commerce

• Business to Business: Business transactions between companies that includes online banking, online retailing, and travel services.
• Business to Consumers: Conducted between the company and individual consumers.

Sections 6-13

• Gives legal recognition of electronic data messages, electronic documents, and electronic signatures.
• Section 6(6): Legal recognition of electronic data message.
• Section 7(7): Legal recognition of electronic documents.
• Section 8(8): Legal recognition of electronic signatures.
• Section 9(9): Presumption relating to electronic signatures.
• Section 10(10): Original documents.
• Section 11(11): Authentication of electronic data messages and electronic documents.
• Section 12(12): Admissibility and evidential weight of electronic data messages or electronic documents.
• Section 13(13): Retention of electronic data message or electronic document.

Section 16

• Formation and validity of electronic contracts.
• It allows the formation of contracts in electronic form and makes banking transactions done through ATM switching networks absolute once consummated.

Section 24

• Choice of security methods, where parties are given the right to to choose the type and level of security methods that suit their needs.

Sections 25 & 26

• Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods.
• Section 25: Actions related to contracts of carriage of goods.
• Section 26: Transport Documents.

Section 27

• Mandates the government to have the capability to do e-commerce within two years or before June 19, 2002.
• Includes government use of electronic data messages, electronic documents, and electronic signatures.

Section 28

• Mandates RPWeb to be implemented, a strategy to connect all government offices to the internet and provide universal access to the general public.
• The Department of Transportation and Communications, National Telecommunications Commission, and National Computer Center will make policies and rules that shall lead to substantial reduction of costs of telecommunication and internet facilities to ensure the implementation of RPWeb.

Section 29

• Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country.
• It can also create of policies and regulations, as needed, to facilitate the growth of e-commerce.

Section 30

• Authority of the Department of Trade and Industry and participating entities.
• Extent of liability of a service provider.

Sections 31-32

• Authorities and parties with legal right can only gain access to electronic documents, electronic data messages, and electronic signatures.
• For confidentiality purposes, it shall not share or convey to any other person.
• Section 31: Lawful Access.
• Section 32: Obligation of Confidentiality.

Section 33

• Outlines the various Penalties.
• Hacking cracking refers to unauthorized access including the introduction of computer viruses and is punishable by:
  • Fine from 100 thousand to maximum commensurate to the damage
  • Imprisonment from 6 months to 3 years
• Piracy through the use of telecommunication networks, such as the internet, that infringes intellectual property rights is punishable with the same penalties as hacking.
• All existing laws such as the Consumer Act of the Philippines also apply to e-commerce transactions.