E-commerce

• ELECTRONIC COMMERCE ACT


  (RA No. 8792)
• The E-Commerce 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.
• The E-Commerce Act aims


  to recognize the authenticity and reliability of electronic data messages or electronic documents related to such activities and
• The E-Commerce Act aims


  to promote the universal use of electronic transactions in the government and by the general public.
• Sphere of Application


  The Act shall apply to any kind of 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.
• 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, projects, 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.
• Information and Communications System


  refers to a system for generating, sending, receiving, storing, or otherwise processing 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 document.
• Originator


  refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent.
• Addressee


  refers to a person who is intended by the originator to receive the electronic data message or electronic document.
• Intermediary


  refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores, provides other services in respect of that electronic data message or electronic document.
• Service provider


  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 documents of the user's choosing
• Service provider


  The necessary technical means by which electronic documents of an originator may be stored and made accessible to designated or undesignated third party.
• Such service providers shall

  
  

  A. have no authority to:

  1. modify or alter the content of the electronic document received or
  2. to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so,

  b. Retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform.
• Electronic data message


  refers to information generated, sent, received or stored by electronic, optical or similar means.
• Electronic signature


  refers to any distinctive mark, characteristic and/or sound in electronic from, representing the identity of a person and attached 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 adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
• Electronic key


  refers to a secret code which secures and defends sensitive information that crossover public channels into a form decipherable only with a matching electronic key.
• 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 prove and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically.
• LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES

  Information shall not be denied validity or enforceability solely on the ground that it is in the form of electronic data message purporting to give rise to such legal effect, or that it is merely incorporated by reference in that electronic data message.
• Legal Recognition of Electronic documents


  Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing,
• The Act does not modify any statutory any statutory rule relating to admissibility of electronic data massages 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:

  a.the signature is an electronic signature and

  b. proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which-
• i. 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;

  ii. 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;
• iii. 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

  iv. The other party is authorized and enable to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.