Republic Act No. 8792
AN
ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND
NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR UNLAWFUL USE THEREOF, AND OTHER
PURPOSES
PART I
SHORT
TITLE AND DECLARATION OF POLICY
SECTION 1. Short Title. – This Act shall
be known and cited as the “Electronic Commerce Act.”
SEC. 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 ICT; the need to develop, with
appropriate training programs and institutional policy changes, human resources
for the information 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
communications 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.
PART
II
ELECTRONIC
COMMERCE IN GENERAL
CHAPTER
I - GENERAL PROVISIONS
SEC. 3. Objective. – This Act aims
to facilitate domestic and international dealings, transactions, arrangements,
agreements, contracts and exchanges and storage of information through the
utilization of electronic, optical and similar medium, mode, instrumentality
and technology to recognize the authenticity and reliability of electronic
documents related to such activities and to promote the universal use of
electronic transactions in the government and by the general public.
SEC. 4. Sphere of Application. – This Act shall apply to any kind
of electronic 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.
SEC. 5. Definition of Terms. – For the purposes of this Act, the
following terms are defined, as follows:
(a) “Addressee” refers to a person who is intended by the originator to receive the electronic data
message or electronic document, but does not include a person acting as an
intermediary with respect to that electronic data message or electronic
document.
(b) “Computer” refers to any
device or apparatus singly or interconnected which, by electronic,
electro-mechanical, optical and/or magnetic impulse, or other means with the
same function, can receive, record, transmit, store, process, correlate,
analyze, project, retrieve and/or produce information, data, text, graphics,
figures, voice, video, symbols or other modes of expression or perform any one
or more of these functions.
(c) “Electronic data message” refers to
information generated, sent, received or stored by
electronic, optical or similar means.
(d) “Information and Communications System”
refers to a system for 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 and/or electronic document.
(e) “Electronic signature” refers to any
distinctive mark, characteristic and/or sound in electronic form, representing
the identity of a person and attached to or logically associated with the
electronic data message or any methodology or procedures employed or adopted by
a person and executed or adopted by such person with the intention of
authenticating or approving an electronic document.
(f) “Electronic document” 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.
(g) “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.
(h) “Intermediary” refers to a person who in
behalf of another person and with respect to a particular electronic data
message or electronic document sends, receives and/or stores or provides other
services in respect of that electronic data message or electronic
document.
(i) “Originator” refers
to a person by whom, or on whose behalf, the electronic data message or
electronic document purports to have been created, generated
and/or sent. The term does not include a
person acting as an intermediary with respect to that electronic data message
or electronic document.
(j) “Service provider” refers to a provider of
–
(i) Online services or network access, or the operator of facilities therefor, including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic data message or electronic documents of the user’s choosing; or
(ii) The necessary technical means by which electronic data message or electronic documents of an originator may be stored and made accessible to a designated or undesignated third party. Such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and shall retain the electronic data message or electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform.
CHAPTER
II
LEGAL
RECOGNITION OF ELECTRONIC DATA
MESSAGES AND ELECTRONIC DOCUMENTS
SEC. 6. Legal Recognition of Electronic Data
Message. –
Information shall not be denied validity or enforceability solely on the ground
that it is in the form of a electronic data message purporting to give rise to
such legal effect, or that it is merely incorporated by reference in that
electronic data message.
SEC. 7. 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 relevant circumstances.
(b) Paragraph (a) applies whether the requirement therein is
in the form of an obligation or whether the law simply provides consequences
for the document not being presented or retained in
its original form.
(c) Where the law requires that a document be presented or
retained in its original form, that requirement is met by an electronic document
if –
(i) There exists a reliable
assurance as to the integrity of the document from the time when it was first
generated in its final form; and
(ii) That document is capable of being displayed to the
person to whom it is to be presented: 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.
SEC. 8. 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 the signature is an electronic
signature and proved by showing that a prescribed procedure, not alterable by
the parties interested in the electronic document, existed under which –
a.) A method is used to identify the party sought to be bound
and to indicate said party’s access to the electronic document necessary
for his consent or approval through the electronic signature;
b.) Said method is reliable and appropriate for the purpose
for which the electronic document was generated or
communicated, in the light of all 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.
SEC. 9. Presumption Relating to Electronic
Signatures. –
In any proceedings involving an electronic signature, it shall
be presumed that,
a.) 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 data
message or electronic document unless the person relying on the electronically
signed electronic data message or 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.
SEC. 10. Original Documents. – (1) Where the law requires
information to be presented or retained in its
original form, that requirement is met by an electronic data message or
electronic document if:
(a) the integrity of the information
from the time when it was first generated in its final form, as an electronic
data message or electronic document is shown by evidence aliunde
or otherwise; and
(b) where it is required that
information be presented, that the information is capable of being displayed to
the person to whom it is to be presented.
(2) Paragraph (1) applies whether the requirement therein is
in the form of an obligation or whether the law simply provides consequences
for the information not being presented or retained in
its original form.
(3) For the purposes of subparagraph (a) of paragraph
(1):
(a) the criteria for assessing integrity shall be whether the
information has remained complete and unaltered, apart from the addition of any
endorsement and any change which arises in the normal course of communication,
storage and display; and
(b) the standard of reliability
required shall be assessed in the light of the purpose for which the
information was generated and in the light of all relevant circumstances.
SEC. 11. Authentication of Electronic Data Messages
and Electronic Documents. – Until the Supreme Court by appropriate rules
shall have so provided, electronic documents, electronic data messages and
electronic signatures, shall be authenticated by
demonstrating, substantiating and validating a claimed identity of a user,
device, or another entity in an information or communication system, among
other ways, as follows:
(a) The electronic signature shall be
authenticated by proof that a letter, character, number or other symbol in
electronic form representing the persons named in and attached to or logically
associated with an electronic data message, electronic document, or that the
appropriate methodology or security procedures, when applicable, were employed
or adopted by a person and executed or adopted by such person, with the
intention of authenticating or approving an electronic data message or
electronic document;
(b) The electronic data message and
electronic document shall be authenticated by proof that an appropriate
security procedure, when applicable was adopted and employed for the purpose of
verifying the originator of an electronic data message and/or electronic
document, or detecting error or alteration in the communication, content or
storage of an electronic document or electronic data message from a specific
point, which, using algorithm or codes, identifying words or numbers,
encryptions, answers back or acknowledgement procedures, or similar security
devices.
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.
In the absence of evidence to the contrary, the integrity of the information
and communication system in which an electronic data message or electronic
document is recorded or stored may be established in any legal proceeding
–
(a) By evidence that at all material times the information
and communication system or other similar device was operating in a manner that
did not affect the integrity of the electronic data message and/or electronic
document, and there are no other reasonable grounds to doubt the integrity of
the information and communication system;
(b) By showing that the electronic data message and/or electronic
document was recorded or stored by a party to the proceedings who is adverse in
interest to the party using it; or
(c) By showing that the electronic data message and/or
electronic document was recorded or stored in the usual and ordinary course of
business by a person who is not a party to the proceedings and who did not act
under the control of the party using the record.
SEC. 12. Admissibility and Evidential Weight of
Electronic Data Message and Electronic Documents. – In any legal proceedings, nothing
in the application of the rules on evidence shall deny the admissibility of an
electronic data message or electronic document in evidence –
a. 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.
SEC. 13. Retention of Electronic Data Message and
Electronic Document.
– Notwithstanding any provision of law, rule
or regulation to the contrary –
(a) The requirement in any provision of law that certain
documents be retained in their original form is satisfied by retaining them in
the form of an electronic data message or electronic document which –
i. 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.
(b) The requirement referred to in paragraph (a) is satisfied
by using the services of a third party, provided that
the conditions set forth in subparagraphs (i), (ii)
and (iii) of paragraph (a) are met.
SEC.
14. Proof By Affidavit. –
The matters referred to in Section 12, on admissibility and Section 9, on the
presumption of integrity, may be presumed to have been
established by an affidavit given to the best of the deponent’s
knowledge subject to the rights of parties in interest as defined in the
following section.
SEC. 15. Cross-Examination. – (1) A deponent of an affidavit
referred to in Section 14 that has been introduced in evidence may be
cross-examined as of right by a party to the proceedings who is adverse in
interest to the party who has introduced the affidavit or has caused the
affidavit to be introduced.
(2) Any party to the proceedings has the right to
cross-examine a person referred to in Section 11, paragraph 4, sub-paragraph
c.
CHAPTER
III
COMMUNICATION
OF ELECTRONIC DATA
MESSAGES OR ELECTRONIC DOCUMENTS
SEC. 16. Formation and Validity of Electronic Contracts. – (1) Except as
otherwise agreed by the parties, an offer, the acceptance of an offer and such
other elements required under existing laws for the formation of contracts may
be expressed in, demonstrated and proved by means of electronic data message or
electronic documents and no contract shall be denied validity or enforceability
on the sole ground that it is in the form of an electronic data message or
electronic document, or that any or all of the elements required under existing
laws for the formation of the contracts is expressed, demonstrated and proved
by means of electronic documents.
(2) Electronic transactions made through networking among
banks, or linkages thereof with other entities or networks, and vice versa,
shall be deemed consummated upon the actual dispensing of cash or the debit of
one account and the corresponding credit to another, whether such transaction
is initiated by the depositor or by an authorized collecting party: 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.
SEC. 17. Recognition by Parties of Electronic Data
Message. –
As between the originator and the addressee of a
electronic data message, a declaration of will or other statement shall not be
denied legal effect, validity or enforceability solely on the ground that it is
in the form of a electronic data message.
SEC.
18. Attribution of Electronic Data
Message. –
(1) An electronic data message is that of the
originator if it was sent by the originator himself.
(2) As between the originator and the addressee, an
electronic data message is deemed to be that of the
originator if it was sent:
(a) by a person who had the
authority to act on behalf of the originator with respect to that electronic
data message; or
(b) by an information system
programmed by, or on behalf of the originator to operate automatically.
(3) As between the originator and the addressee, an addressee
is entitled to regard an electronic data message as being that of the
originator, and to act on that assumption, if:
(a) in order to ascertain whether
the electronic data message was that of the originator, the addressee properly
applied a procedure previously agreed to by the originator for that purpose; or
(b) the electronic data message as
received by the addressee resulted from the actions of a person whose
relationship with the originator or with any agent of the originator enabled
that person to gain access to a method used by the originator to identify
electronic data messages as his own.
(4) Paragraph (3) does not apply:
(a) as of the time when the addressee has both received
notice from the originator that the electronic data message is not that of the
originator, and has reasonable time to act accordingly; or
(b) in a case within paragraph (3) sub-paragraph (b), at any
time when the addressee knew or should have known, had it exercised reasonable
care or used any agreed procedure, that the electronic data message was not
that of the originator.
(5) Where an electronic data message is
that of the originator or is deemed to be that of the originator, or the
addressee is entitled to act on that assumption, then, as between the
originator and the addressee, the addressee is entitled to regard the electronic
data message as received as being what the originator intended to send, and to
act on that assumption. 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 as received.
(6) The addressee is entitled to regard
each electronic data message received as a separate electronic data message and
to act on that assumption, except to the extent that it duplicates another
electronic data message and the addressee knew or should have known, had it
exercised reasonable care or used any agreed procedure, that the electronic
data message was a duplicate.
SEC. 19. Error on Electronic Data Message or
Electronic Document.
– The addressee is entitled to regard the electronic data
message or electronic document received as that which the originator intended
to send, and to act on that assumption, unless the addressee knew or should
have known, had the addressee exercised reasonable care or used the appropriate
procedure –
(a) That the transmission resulted in any error therein or in
the electronic document when the electronic data message or electronic document
enters the designated information system; or
(b) That electronic data message or electronic document is
sent to an information system which is not so
designated by the addressee for the purpose.
SEC. 20. Agreement on Acknowledgment of Receipt of
Electronic Data Messages or Electronic Documents. – The following rules shall apply
where, on or before sending an electronic data message or electronic document,
the originator and the addressee have agreed, or in that electronic document or
electronic data message, the originator has requested, that receipt of the
electronic document or electronic data message be
acknowledged:
a.) Where the originator has not
agreed with the addressee that the acknowledgment be given in a particular form
or by a particular method, an acknowledgment may be given by or through any
communication by the addressee, automated or otherwise, or any conduct of the
addressee, sufficient to indicate to the originator that the electronic data
message or electronic document has been received.
b.) Where the originator has stated that the effect or
significance of the electronic data message or electronic document is
conditional on receipt of the acknowledgment thereof, the electronic data
message or electronic document is treated as though it
has never been sent, until the acknowledgment is received.
c.) Where the originator has not stated
that the effect or significance of the electronic data message or electronic
document is conditional on receipt of the acknowledgment, and the
acknowledgment has not been received by the originator within the time
specified or agreed or, if no time has been specified or agreed, within a
reasonable time, the originator may give notice to the addressee stating that
no acknowledgment has been received and specifying a reasonable time by which
the acknowledgment must be received; and if the acknowledgment is not received
within the time specified in subparagraph (c), the originator may, upon notice
to the addressee, treat the electronic document or electronic data message as
though it had never been sent, or exercise any other rights it may have.
SEC. 21. Time of Dispatch of Electronic Data
Message or Electronic Document. – Unless otherwise agreed between
the originator and the addressee, the dispatch of an electronic data message or
electronic document occurs when it enters an information system outside the
control of the originator or of the person who sent the electronic data message
or electronic document on behalf of the originator.
SEC. 22. Time of Receipt of Electronic Data Message
or Electronic Document. – Unless otherwise agreed between
the originator and the addressee, the time of receipt of an electronic data
message or electronic document is as follows:
(a.) If the addressee has designated an
information system for the purpose of receiving electronic data message or
electronic document, receipt occurs at the time when the electronic data
message or electronic document enters the designated information system: Provided, however, that if the
originator and the addressee are both participants in the designated
information system, receipt occurs at the time when the electronic data message
or electronic document is retrieved by the addressee.
(b.) If the electronic data message or electronic document is
sent to an information system of the addressee that is not the designated
information system, receipt occurs at the time when the electronic
data message or electronic document is retrieved by the addressee;
(c.) If the addressee has not designated an information
system, receipt occurs when the electronic data message or electronic document
enters an information system of the addressee.
These rules apply notwithstanding that the
place where the information system is located may be different from the place
where the electronic data message or electronic document is deemed to be
received.
SEC.
23. Place of Dispatch and
Receipt of Electronic Data Message or Electronic Document. – Unless otherwise agreed between
the originator and the addressee, an electronic data message or electronic
document is deemed to be dispatched at the place where
the originator has its place of business and received at the place where the
addressee has its place of business.
This rule shall apply even if the originator or addressee had used a
laptop or other portable device to transmit or receive his electronic data
message or electronic document. This
rule shall also apply to determine the tax situs of
such transaction.
For the purpose hereof –
a. If the originator or the
addressee has more than one place of business, the place of business is that
which has the closest relationship to the underlying transaction or, where
there is no underlying transaction, the principal place of business.
b. If the originator of the
addressee does not have a place of business, reference is to be made to its
habitual residence; or
c. The “usual place of
residence” in relation to a body corporate, means the place where it is incorporated or otherwise legally constituted.
SEC. 24. Choice of Security Methods. – Subject to applicable laws and/or
rules and guidelines promulgated by the Department of Trade and Industry with
other appropriate government agencies, parties to any electronic transaction
shall be free to determine the type and level of electronic data message and
electronic document security needed, and to select and use or implement
appropriate technological methods that suit their needs.
PART
III
ELECTRONIC
COMMERCE IN CARRIAGE OF GOODS
SEC.
25. Actions Related to
Contracts of Carriage of Goods. –
Without derogating from the provisions of Part Two of
this Act, this Chapter applies to any action in connection with, or in
pursuance of, a contract of carriage of goods, including but not limited
to:
(a) (i)
furnishing the marks, number, quantity or weight of goods;
(ii) stating or declaring the nature
or value of goods;
(iii) issuing a receipt for goods;
(iv) confirming that goods have been
loaded;
(b) (i)
notifying a person of terms and conditions of the contract;
(ii) giving instructions to a
carrier;
(c) (i)
claiming delivery of goods;
(ii) authorizing release of goods;
(iii) giving notice of loss of, or
damage to goods;
(d) giving any other notice or
statement in connection with the performance of the contract;
(e) undertaking to deliver goods to
a named person or a person authorized to claim delivery;
(f) granting, acquiring, renouncing,
surrendering, transferring or negotiating rights in goods;
(g) acquiring or transferring rights
and obligations under the contract.
SEC.
26. Transport
Documents. – (1) Subject to
paragraph (3), where the law requires that any action referred to in Section 25
be carried out in writing or by using a paper document, that requirement is met
if the action is carried out by using one or more electronic data messages or
electronic documents.
(2) Paragraph (1) applies whether the requirement therein is
in the form of an obligation or whether the law simply provides consequences
for failing either to carry out the action in writing or to use a paper
document.
(3) If a right is to be granted to, or an
obligation is to be acquired by, one person and no other person, and if the law
requires that, in order to effect this, the right or obligation must be
conveyed to that person by the transfer, or use of, a paper document, that
requirement is met if the right or obligation is conveyed by using one or more
electronic data messages or electronic documents: Provided, That a reliable method is
used to render such electronic data messages or electronic documents unique.
(4) For the purposes of paragraph (3), the standard of
reliability required shall be assessed in the light of
the purpose for which the right or obligation was conveyed and in the light of
all the circumstances, including any relevant agreement.
(5) Where one or more electronic data messages or electronic
documents are used to effect any action in subparagraphs (f) and (g) of Section
25, no paper document used to effect any such action is valid unless the use of
electronic data message or electronic document has been terminated and replaced
by the use of paper documents. A paper
document issued in these circumstances shall contain a statement of such
termination. The replacement of
electronic data messages or electronic documents by paper documents shall not
affect the rights or obligations of the parties involved.
(6) If a rule of law is compulsorily
applicable to a contract of carriage of goods which is in, or is evidenced by,
a paper document, that rule shall not be inapplicable to such a contract of
carriage of goods which is evidenced by one or more electronic data messages or
electronic documents by reason of the fact that the contract is evidenced by
such electronic data message or electronic document instead of a paper
document.
PART
IV
ELECTRONIC
TRANSACTIONS IN GOVERNMENT
SEC.
27. Government Use of
Electronic Data Messages, Electronic Documents and
Electronic Signatures. – Notwithstanding any law to the contrary, within two (2)
years from the date of the effectivity of this Act, all departments, bureaus,
offices and agencies of the government, as well as all government-owned
and-controlled corporations, that pursuant to law require or accept the filing
of documents, require that documents be created, or retained and/or submitted,
issue permits, licenses or certificates of registration or approval, or provide
for the method and manner of payment or settlement of fees and other
obligations to the government, shall –
(a) accept the creation, filing or
retention of such documents in the form of electronic data messages or
electronic documents;
(b) issue permits, licenses, or
approval in the form of electronic data messages or electronic documents;
(c) require and/or accept payments,
and issue receipts acknowledging such payments, through systems using
electronic data messages or electronic documents; or
(d)
transact the government business and/or perform
governmental functions using electronic data messages or electronic documents,
and for the purpose, are authorized to adopt and promulgate, after appropriate
public hearing and with due publication in newspapers of general circulation,
the appropriate rules, regulations, or guidelines, to, among others, specify
–
1) the manner and format in which
such electronic data messages or electronic documents shall be filed, created,
retained or issued;
2) where and when such electronic
data messages or electronic documents have to be signed, the use of a
electronic signature, the type of electronic signature required;
3) the format of an electronic data
message or electronic document and the manner the electronic signature shall be
affixed to the electronic data message or electronic document;
4) the control processes and
procedures as appropriate to ensure adequate integrity, security and
confidentiality of electronic data messages or electronic documents or records
or payments;
5) other attributes required of
electronic data messages or electronic documents or payments; and
6) the full or limited use of the documents
and papers for compliance with the government requirements: Provided, That this Act shall by
itself mandate any department of the government, organ of state or statutory
corporation to accept or issue any document in the form of electronic data
messages or electronic documents upon the adoption, promulgation and
publication of the appropriate rules, regulations, or guidelines.
SEC.
28. RPWEB
To Promote the Use Of Electronic Documents and Electronic Data Messages In
Government and to the General Public. – Within two (2) years from the effectivity of this Act,
there shall be installed an electronic online network in accordance with
Administrative Order 332 and House of Representatives Resolution 890, otherwise
known as RPWEB, to implement Part IV of this Act to
facilitate the open, speedy and efficient electronic online transmission,
conveyance and use of electronic data messages or electronic documents amongst
all government departments, agencies, bureaus, offices down to the division
level and to the regional and provincial offices as practicable as possible,
government owned and controlled corporations, local government units, other
public instrumentalities, universities, colleges and other schools, and universal
access to the general public.
The RPWEB network shall serve as initial platform of
the government information infrastructure (GII) to
facilitate the electronic online transmission and conveyance of government
services to evolve and improve by better technologies or kinds of electronic
online wide area networks utilizing, but not limited to, fiber optic,
satellite, wireless and other broadband telecommunication mediums or
modes.
To facilitate the rapid development of the GII, the Department of
Transportation and Communications, National
Telecommunications Commission and the National Computer Center are hereby
directed to aggressively promote and implement a policy environment and
regulatory or non-regulatory framework that shall lead to the substantial
reduction of costs of including, but not limited to, lease lines, land,
satellite and dial-up telephone access, cheap broadband and wireless
accessibility by government departments, agencies, bureaus, offices, government
owned and controlled corporations, local government units, other public
instrumentalities and the general public, to include the establishment of a
government website portal and a domestic internet exchange system to facilitate
strategic access to government and amongst agencies thereof and the general
public and for the speedier flow of locally generated internet traffic within
the Philippines.
The physical infrastructure of cable and wireless systems for cable TV and
broadcast excluding programming and content and the management thereof shall be considered as within the activity of
telecommunications for the purpose of electronic commerce and to maximize the
convergence of ICT in the installation of the GII.
SEC. 29. Authority of the Department of Trade and Industry and
Participating Entities. – The Department of Trade and Industry (DTI) shall direct
and supervise the promotion and development of electronic commerce in the
country with relevant government agencies, without prejudice to the provisions
of Republic Act 7653 (Charter of Bangko Sentral ng Pilipinas) and Republic Act No. 337 (General Banking
Act), as amended.
Among others, the DTI is
empowered to promulgate rules and regulations, as well as provide quality
standards or issue certifications, as the case may be, and perform such other
functions as may be necessary for the implementation of this Act in the area of
electronic commerce to include, but shall not be limited to, the installation
of an online public information and quality and price monitoring system for
goods and services aimed in protecting the interests of the consuming public
availing of the advantages of this Act.
PART
V
FINAL
PROVISIONS
SEC. 30. Extent of Liability of a Service Provider. – Except as otherwise provided in
this Section, no person or party shall be subject to any civil or criminal
liability in respect of the electronic data message or electronic document for
which the person or party acting as a service provider as defined in Sec. 5
merely provides access if such liability is founded on –
a) The obligations and liabilities of the parties under the
electronic data message or electronic document;
b.) The making, publication, dissemination or distribution of
such material or any statement made in such material, including possible
infringement of any right subsisting in or in relation to such material: Provided, That
i. The
service provider does not have actual knowledge, or is not aware of the facts
or circumstances from which it is apparent, that the making, publication,
dissemination or distribution of such material is unlawful or infringes any
rights subsisting in or in relation to such material;
ii. The service provider does not
knowingly receive a financial benefit directly attributable to the unlawful or
infringing activity; and
iii. The service provider does
not directly commit any infringement or other unlawful act and does not induce
or cause another person or party to commit any infringement or other unlawful
act and/or does not benefit financially from the infringing activity or
unlawful act of another person or party:
Provided, further, That nothing in this Section shall affect
–
a) Any obligation founded on contract;
b) The obligation of a service provider as such under a
licensing or other regulatory regime established under written law; or
c) Any obligation imposed under any written law;
d) The civil liability of any party to the extent that such liability
forms the basis for injunctive relief issued by a court under any law requiring
that the service provider take or refrain from actions necessary to remove,
block or deny access to any material, or to preserve evidence of a violation of
law.
SEC. 31. Lawful Access. – Access to an electronic file, or an electronic signature of an electronic data
message or electronic document shall only be authorized and enforced in favor
of the individual or entity having a legal right to the possession or the use
of the plaintext, electronic signature or file and solely for the authorized
purposes. The electronic key for
identity or integrity shall not be made available to
any person or party without the consent of the individual or entity in lawful
possession of that electronic key.
SEC. 32. Obligation of Confidentiality. – Except for the purposes
authorized under this Act, any person who obtained access to any electronic
key, electronic data message, or electronic document, book, register, correspondence,
information, or other material pursuant to any powers conferred under this Act,
shall not convey to or share the same with any other person.
SEC. 33. Penalties. – The following Acts shall be penalized by fine and/or imprisonment, as
follows:
a) Hacking or cracking which refers to
unauthorized access into or interference in a computer system/server or
information and communication system; or any access in order to corrupt, alter,
steal, or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the owner of the
computer or information and communications system, including the introduction
of computer viruses and the like, resulting in the corruption, destruction,
alteration, theft or loss of electronic data messages or electronic document
shall be punished by a minimum fine of one hundred thousand pesos (P
100,000.00) and a maximum commensurate to the damage incurred and a mandatory
imprisonment of six (6) months to three (3) years;
b) Piracy or the unauthorized copying,
reproduction, dissemination, distribution, importation, use, removal,
alteration, substitution, modification, storage, uploading, downloading,
communication, making available to the public, or broadcasting of protected
material, electronic signature or copyrighted works including legally protected
sound recordings or phonograms or information material on protected works,
through the use of telecommunication networks, such as, but not limited to, the
internet, in a manner that infringes intellectual property rights shall be
punished by a minimum fine of one hundred thousand pesos (P 100,000.00) and a
maximum commensurate to the damage incurred and a mandatory imprisonment of six
(6) months to three (3) years;
c) Violations of the Consumer Act or Republic Act No. 7394
and other relevant or pertinent laws through transactions covered by or using
electronic data messages or electronic documents, shall be penalized with the
same penalties as provided in those laws;
d) Other violations of the provisions of this Act, shall be penalized with a maximum penalty of one
million pesos (P 1,000,000.00) or six (6) years imprisonment.
SEC. 34. Implementing Rules and Regulations. – The DTI, Department
of Budget and Management and the Bangko Sentral ng Pilipinas are hereby empowered to enforce the
provisions of this Act and issue implementing rules and regulations necessary,
in coordination with the Department of
Transportation and Communications, National
Telecommunications Commission, National Computer Center, National
Information Technology Council, Commission on
Audit, other concerned agencies and the private sector, to implement this
Act within sixty (60) days after its approval.
Failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.
SEC. 35. Oversight Committee. – There shall be a Congressional Oversight
Committee composed of the Committees on Trade and Industry/Commerce, Science
and Technology, Finance and Appropriations of both the Senate and House of
Representatives, which shall meet at least every quarter of the first two years
and every semester for the third year after the approval of this Act to oversee
its implementation. The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be
determined by the Congressional Committee shall provide a quarterly performance
report of their actions taken in the implementation of this Act for the first
three (3) years.
SEC. 36. Appropriations. – The amount necessary to carry out
the provisions of Secs. 27 and 28 of this Act shall be charged against any available funds and/or savings
under the General Appropriations Act of 2000 in the first year of effectivity
of this Act. Thereafter, the funds needed
for the continued implementation shall be included in the annual General
Appropriations Act.
SEC. 37. Statutory Interpretation. – Unless otherwise expressly
provided for, the interpretation of this Act shall give due regard to its
international origin and the need to promote uniformity in its application and
the observance of good faith in international trade relations. The generally accepted principles of
international law and convention on electronic commerce shall
likewise be considered.
SEC. 38. Variation by Agreement. – As between parties involved in
generating, sending, receiving, storing or otherwise
processing electronic data message or electronic document, any provision of
this Act may be varied by agreement between and among them.
SEC. 39. Reciprocity. – All benefits, privileges, advantages or statutory rules established under this Act,
including those involving practice of profession, shall be enjoyed only by
parties whose country of origin grants the same benefits and privileges or
advantages to Filipino citizens.
SEC. 40. Separability Clause. – The provisions of this Act are
hereby declared separable and in the event of any such provision is declared
unconstitutional, the other provisions to remain in force and effect.
SEC. 41. Repealing Clause. – All other laws, decrees, rules
and regulations or parts thereof which are inconsistent with
the provisions of this Act are hereby repealed, amended or modified
accordingly.
SEC. 42. Effectivity. – This Act shall take effect
immediately after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.
Approved, June 14, 2000
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