Ecommerce law and held in Metro Manila, on Monday, the fourteenth June, two thousand. This Act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.
For the purposes of this Act, the following terms are defined, as follows: Addressee refers to a person who is intended by the originator to receive the electronic data message or electronic document.
The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document. Computer refers to any device or apparatus which, by electronic, electro-mechanical or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of those functions.
Electronic Data message refers to information generated, sent, received or stored by electronic, optical or similar means. Information and communication system refers to a system intended for and capable of generating, sending, receiving, storing or otherwise processing 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 procedures related to the recording or storage of electronic data message or electronic document.
Electronic Ecommerce law refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
Electronic key refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key.
The term does not include a person acting as an intermediary with respect to that electronic document. Legal Recognition of Data Messages. Legal Recognition of Electronic Documents. Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing, and — a Where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference, in that — i The electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorized change, or any change which arises in the normal course of communication, storage and display; and ii The electronic document is reliable in the light of the purpose for which it was generated and in the light of all the relevant circumstances.
Provided, That no provision of this Act shall apply to vary any and all requirements of existing laws on formalities required in the execution of documents for their validity.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document under existing laws. This Act does not modify any statutory rule relating to the admissibility of electronic data messages or electronic documents, except the rules relating to authentication and best evidence.
Legal Recognition of Electronic Signatures. An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which — a.
Said method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all the circumstances, including any relevant agreement; c.
It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have executed or provided the electronic signature; and d. The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.
Presumption Relating to Electronic Signatures. The electronic signature is the signature of the person to whom it correlates; and b. The electronic signature was affixed by that person with the intention of signing or approving the electronic document unless the person relying on the electronically signed electronic document knows or has notice of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances.
The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic document or electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.
The person seeking to introduce an electronic data message and electronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message and electronic document is what the person claims it to be.
On the sole ground that it is in electronic form; or b. On the ground that it is not in the standard written form and electronic data message or electronic document meeting, and complying with the requirements under Sections 6 or 7 hereof shall be the best evidence of the agreement and transaction contained therein.
In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard.
Remains accessible so as to be usable for subsequent reference; ii. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received; iii.
Enables the identification of its originator and addressee, as well as the determination of the date and the time it was sent or received.
Formation and Validity of Electronic Contracts. Provided, that the obligation of one bank, entity, or person similarly situated to another arising therefrom shall be considered absolute and shall not be subjected to the process of preference of credits.
Attribution of Electronic Data Message. The addressee is not so entitled when it knew or should have known, had it exercised reasonable care or used any agreed procedure, that the transmission resulted in any error in the electronic data message or electronic document as received.eCommerce Law It can be a challenge to launch and protect an eCommerce site.
You’ve got to please customers and investors, you have to delegate to employees and contractors and you have to protect rights for your site and products. Ecommerce Data Protection Data protection is an area of the law all website owners should be mindful of.
If you intend to collect personal information about your website visitors, you will need to be registered under the Data Protection Act, and to handle your data in compliance with the law at all times. What is E-Commerce Law? Electronic commerce, commonly known as e-commerce or eCommerce, refers to the Internet based industry of buying and selling products or services via electronic means.
E-Commerce uses a combination of Internet technology, mobile commerce, electronic funds transfers, escrowing services, electronic data interchange, supply chain management, inventory management .
Ecommerce Data Protection Data protection is an area of the law all website owners should be mindful of. If you intend to collect personal information about your website visitors, you will need to be registered under the Data Protection Act, and to handle your data in compliance with the law at all times.
The Philippines E-Commerce Law – Republic Act No. Posted September 11th, by Janette Toral.
The Philippines E-Commerce Law – Republic Act No. Posted September 11th, by Janette Toral. Last June 14, , Wednesday 10 am, former President Joseph Ejercito Estrada signed the Electronic Commerce Act into law. Ecommerce Law Group is a boutique law firm that specializes in assisting entrepreneurs and investor groups with buying and selling highly successful ecommerce businesses, including physical product, dropshipping, lead generation and software as a service (SaaS) businesses. Leading eCommerce Law Attorney for Online Businesses. Each and every business that sells a product or service on the Internet must take a proactive approach to operate within establish legal guidelines in the world of electronic commerce.
Last June 14, , Wednesday 10 am, former President Joseph Ejercito Estrada signed the Electronic Commerce Act into law. Law of Tort •A civil wrong •Law of tort demands that, in certain circumstances, we are answerable for our actions.