E-commerce Law in the Philippines PDF

E-COMMERCE LAW IN THE PHILIPPINES  What is E- Commerce?  E-commerce (electronic- commerce) refers to business over the Internet. Web sites such as Amazon.com, Buy.com, and eBay are all e-commerce sites. Business-to-Con...

E-COMMERCE LAW IN THE PHILIPPINES  What is E- Commerce?  E-commerce (electronic- commerce) refers to business over the Internet. Web sites such as Amazon.com, Buy.com, and eBay are all e-commerce sites. Business-to-Consumer (B2C) Business- to-Consumer (B2C) Business-to-Consumer (B2C)  business transactions between companies, business-to-consumer models are those that sell products or services directly to personal-use customers  connects, communicates and conducts business transactions with consumers most often via the Internet  larger than just online retailing; it includes online banking, travel services, online auctions, and health and real estate sites. http://smallbusiness.chron.com/explain-business-consumer-model- 2258.html Business-to-Business (B2B)  A type of commerce transaction that exists between businesses, such as those involving a manufacturer and wholesaler, or a wholesaler and a retailer  conducted between companies, rather than between a company and individual consumers http://www.investopedia.com/terms/b/btob.asp  REPUBLIC ACT NO. 8792 OF PHILIPPINES ELECTRONIC COMMERCE ACT OF 2000 by the Senate and House of Representatives of the Republic of the Philippines  An act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof and for other purposes.  Definition in General Electronic Commerce is defined as the process of buying and selling goods electronically by consumers and from company to company through computerized business transactions. The Organization for Electronic Cooperation and Development defines it as commercial transactions based on electronic transmission of data over communication networks such as the Internet. Although the definition of electronic commerce is strictly confined to commercial undertakings, RA8792 is made applicable to both  Objectives  provide a secure legal framework and environment for electronic commerce.  protect the integrity of electronic documents and electronic signatures as well as its transmission and communication so as to build and ensure the trust and reliance of the public on electronic transactions.  Authors Sen. Ramon Magsaysay Jr., Reps. Leandro Verceles,Jr. and Marcial Punzalan, Jr. Co- Authors of the Act who filed electronic commerce bills were Sen. Juan Flavier, and Blas Ople and Reps. Harry Angping, Roilo Golez and Dante Liban. Other co-authors include Sen. Vicente Sotto III, Franklin Drilon, Fran-cisco Tatad, Raul Roco, Aquilino Pimentel Jr., Miriam Defesor-Santiago and Reps. HerminioTeves, Magtanggol Guinigundo, Rolando Sarmiento, Orlando Fua, JoeySalceda, Oscar Moreno, and Ignacio Definition of Terms a. “Addressee”  a person who is intended by the originator to receive the electronic data, figures, symbols or other modes of data message or electronic written expression according to document. mathematical and logical rules or of b. “Computer” performing any one or more of those  any device or apparatus which, by functions. electronic, electro-mechanical or magnetic impulse, or by other means c. “Electronic Data Message” is capable of receiving, recording,  information generated, sent, transmitting, storing, processing, received or stored by electronic, retrieving, or producing information, optical or similar means. d.“Information and Communication System”  a system intended for and capable of procedures related to the recording generating, sending, receiving, or storage of electronic data storing or otherwise processing message or electronic document. electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any e. “Electronic Signature”  any distinctive mark, adopted by such person with the characteristic and/or sound in intention of authenticating or electronic form, representing the approving an electronic data identity of a person and attached message or electronic document. to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or f. “Electronic Document” g. “Electronic Key”  information or the representation  a secret code which secures of information, data, figures, and defends sensitive symbols or other modes of written expression, described or however information that crosses over represented, by which a right is public channels into a form established or an obligation decipherable only with a extinguished, or by which a fact matching electronic key. may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. h. “Intermediary” i. “Originator”  a person who in behalf of another  a person by whom, or on whose person and with respect to a behalf, the electronic document particular electronic document purports to have been created, sends, receives and/or stores or generated and/or sent. The term provides other services in respect of does not include a person acting that electronic document. as an intermediary with respect to that electronic document.  originator may be stored and made j. “Service Provider” accessible to a designated or  a provider of : undesignated third party; Such service (i) On-line services or network providers shall have no authority to modify access, or the operator of facilities or alter the content of the electronic data therefore, including entities offering the message or electronic document received transmission, routing, or providing of or to make any entry therein on behalf of connections for online communications, the originator, addressee or any third party digital or otherwise, between or among unless specifically authorized to do so, points specified by a user, of electronic and who shall retain the electronic documents of the user’s choosing; or (ii) document in accordance with the specific The necessary technical means by request or as necessary for the purpose which electronic documents of an of performing the services it was engaged to perform. Salient Features of Republic Act 8792  1. It gives legal recognition of electronic data messages, electronic documents, and electronic signatures. (section 6 to 13) Sec. 6. Legal Recognition of Data Messages. Section 7. Legal Recognition of Electronic Section 12. Admissibility and documents Evidential Weight of Electronic Section 8. Legal Recognition of Electronic Signatures Data Message or electronic Section 9. Presumption Relating to Electronic Signatures document. Section 10. Original Documents. SEC. 13. Retention of Electronic Data Section 11. Authentication of Electronic Data Message and Electronic Document. Messages and Electronic Documents  2. Allows the formation of contracts in electronic form. (section 16) 3. Makes banking SEC. 16. Formation and Validity of transactions done Electronic Contracts. through ATM switching networks absolute once consummated.  4. Parties are given the right to choose the type and level of security methods that suit their needs. (section 24) SEC. 24. Choice of Security Methods.  5. Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to, multi- modal, airport, road, rail, inland SEC. 25. Actions Related to waterway, courier, post Contracts of Carriage of receipts, transport documents Goods. issued by freight forwarders, marine/ocean bill of lading, SEC. 26. Transport non-negotiable seaway bill, Documents. charter party bill of lading. (section 25 and 26)  6. Mandates the government to have SEC. 27. Government Use of the capability to do Electronic Data Messages, e-commerce within Electronic Documents and 2 years or before Electronic Signatures. June 19, 2002. (section 27)  7. Mandates RPWeb to be implemented. RPWeb is a strategy that intends to connect all government offices to the Internet and provide universal access to the general public. The Department of SEC. 28. RPWEB To Transportation and Communications, Promote the Use Of National Telecommunications Electronic Documents and Commission, and National Computer Electronic Data Center will come up with policies Messages In Government and and rules that shall lead to to the General Public. substantial reduction of costs of telecommunication and Internet facilities to ensure the  8. Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications. SEC. 28. RPWEB To Promote the (section 28) Use Of Electronic Documents and Electronic Data Messages In Government and to the General Public.  9. Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country. It can also come up with policies and regulations, when needed, to facilitate the growth of e- commerce. (section 29) SEC. 29. Authority of the Department of Trade and Industry and Participating Entities.  10. Provided guidelines as to when a service provider can be liable. (section 30) SEC. 30. Extent of Liability of a Service Provider.  11. Authorities and parties with the 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 SEC. 31. Lawful Access. person. (section 31 and 32) SEC. 32. Obligation of Confidentiality.  12. Hacking or cracking, refers to unauthorized access including the introduction of computer viruses, is punishable by a fine from 100 thousand to maximum commensurating to the damage. With imprisonment from 6 SEC. 33. Penalties. months to 3 years. (section 33) 13. Piracy through the use of telecommunication networks, such as the Internet, that infringes intellectual property rights is punishable. The penalties are the same as hacking. (section 33) SEC. 33. Penalties.  14. All existing laws such as the Consumer Act of the Philippines also applies to e- commerce transactions. (section 33 SEC. 33. Penalties. REFERENCES: http://www.techterms.com/definition/ecommerce https://www.youtube.com/watch?v=AhgtoQIfuQ4 http://www.fotosearch.com/BCD112/wdwo07/ http://digitalfilipino.com/salient-features-of- republic-act-8792-the-e-commerce-law/ http://thehackernews.com/2014/05/anonymous- philippines-hacks-hundreds-of.html http://www.chanrobles.com/ philippinecommercelaw.htm#.U_XQ-vmSxBk