E-Commerce Law in the Philippines

Bonjour. Mabuhay.

Was going around the internet when I read something about the E-commerce Law.

Maybe useful info specially in light of the highly publicized Anti-Cybercrime Law.

Read on:


Here are the salient features of Republic Act 8792 :

(source: http://digitalfilipino.com/salient-features-of-republic-act-8792-the-e-commerce-law/) by Janette Toral

1. It gives legal recognition of electronic data messages, electronic documents, and electronic signatures. (section 6 to 13)

2. Allows the formation of contracts in electronic form. (section 16)

3. Makes banking transactions done through ATM switching networks absolute once consummated. (section 16)

4. Parties are given the right to choose the type and level of security methods that suit their needs. (section 24)

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 waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill, charter party bill of lading. (section 25 and 26)

6. Mandates the government to have the capability to do e-commerce within 2 years or before 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 Transportation and Communications, National Telecommunications Commission, and National Computer Center will come up with policies and rules that shall lead to substantial reduction of costs of telecommunication and Internet facilities to ensure the implementation of RPWeb. (section 28)

8. Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications. (section 28)

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)

10. Provided guidelines as to when a service provider can be liable. (section 30)

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 person. (section 31 and 32)

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 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)

14. All existing laws such as the Consumer Act of the Philippines also applies to e-commerce transactions. (section 33)

The law states:

REPUBLIC ACT NO. 8792 June 14, 2000


Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:


Section 1. Short Title – This Act shall be known as the “Electronic Commerce Act of 2000.”

Section 2. Declaration of Policy – The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services; the primary responsibility of the private sector in contributing investments and services in telecommunications and information technology; the need to develop, with appropriate training programs and institutional policy changes, human resources for the information technology age, a labor force skilled in the use of ICT and a population capable of operating and utilizing electronic appliances and computers; its obligation to facilitate the transfer and promotion of technology; to ensure network security, connectivity and neutrality of technology for the national benefit; and the need to marshal, organize and deploy national information infrastructures, comprising in both telecommunications network and strategic information services, including their interconnection to the global information networks, with the necessary and appropriate legal, financial, diplomatic and technical framework, systems and facilities.

Read more of the law here: http://www.lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html

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