E-Commerce Act of 2000

No one is above the law.

Ignorance of the law excuses no one.

E-Commerce Act of 2000

Salient Features of RA 8792

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)

E-Commerce

Sec. 33. Penalties

Online Shopping is as easy as 1, 2, 3.

1. Browse the product catalog of an E-Commerce website. E-Commerce Sites are 24-hours Open.

2. Press "Add to Cart" Button to add your desired product to your online virtual shopping cart.

3. "Checkout" your desired products.

4. Pick a payment method. (COD, Credit Card, Paypal)

5. Wait for your shipment tracking number and delivery dates.

Inability of the seller to deliver the goods with you already paying it, is called "Scam" and is under protection of E-Commerce Law. (Section 30)

Salient Features of RA 8792

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

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

E-Commerce Act of 2000

Republic Act 8792

Sec. 30. Extent of Liability of a Service Provider.

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

Sec. 16. Formation and Validity of Electronic Contracts.

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.

An Act Providing For The Recognition And Use of Electronic Commercial And Non-Commercial Transactions, Penalties For Unlawful Use Thereof, And Other Purposes

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

Sec. 31. Lawful Access.

Sec. 32. Obligation of Confidentiality.

Sec. 24. Choice of Security Methods

5. Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods.(section 25 and 26)

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.

Sec. 25. Actions Related to Contracts of Carriage of Goods.

Sec. 26. Transport Documents.

Sec. 33. Penalties

Salient Features of RA 8792

6. 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. (section 28)

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

Sec. 28. RPWEB To Promote the Use Of Electronic Documents and

Electronic Data Messages In Government and to the General Public.

8. Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country. (section 29)

Sec. 29. Authority of the Department of Trade and Industry and Participating Entities

Objectives of RA 8792

• 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.

E-Commerce

Salient Features of RA 8792

1. It gives legal recognition of electronic data messages, electronic

documents, and electronic signatures. (section 6 to 13)

Electronic Commerce is defined as the process of buying and selling goods electronically by consumers and from company to company through computerized business transactions.

Lazada.com.ph, Shopee.ph, Amazon.com and Ebay.com are all examples of an

E-Commerce Websites.

Sec. 6. Legal Recognition of Data Messages.

Sec. 7. Legal Recognition of Electronic documents

Sec. 8. Legal Recognition of Electronic Signatures

Sec. 9. Presumption Relating to Electronic Signatures

Sec. 10. Original Documents.

Sec. 11. Authentication of Electronic Data Messages and Electronic Documents

Sec. 12. Admissibility and Evidential Weight of Electronic Data Message or electronic document

Sec. 13. Retention of Electronic Data Message and Electronic Document.

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