Philippine E-Commerce Act 2000: Legal Recognition of Electronic Documents & Signatures, Summaries of Cost Accounting

Download Philippine E-Commerce Act 2000: Legal Recognition of Electronic Documents & Signatures and more Summaries Cost Accounting in PDF only on Docsity! An Act Providing for the Recognition and Use of Electronic Commercial and Non-commercial Transactions and Documents, Penalties for Unlawful Use thereof, and for Other Purposes June 14, 2000 Republic Act No. 8792 Section 1. Short Title – “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; ELECTRONIC COMMERCE IN GENERAL Section 4. Sphere of Application –  Applies 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. (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 prove and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically. (g) “Electronic Key” refers to a secret code which secures and defends sensitive information that cross 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 document sends, receives and/or stores 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 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 document. (j) "Service provider" refers to a provider of – i. On-line 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; or ii. The necessary technical means by which electronic documents of an originator may be stored and made accessible to designated or undesignated third party. Legal Recognition of Electronic Writing or Document and Data Messages Section 6. Legal Recognition of Electronic Data Messages –  Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the data message purporting to give rise to such legal effect, or that it is merely referred to in that electronic data message. Section 7. Legal Recognition of Electronic Documents –  Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing, and –  In other words, same legal effect; Section 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 that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document xxx. Section 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 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. Section 11. Authentication of Electronic Data Messages and Electronic Documents. – (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 such person, with the intention of authenticating or approving in an electronic data message or electronic document; (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. Section 26. Transport Documents. – (1) Where the law requires that any action referred to contract of carriage of goods 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 data messages or electronic documents. Xxx xxx xxx (3) If a right is to be granted to, or an obligation is to be acquired xxx and if the law requires that xxx 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 unique; Xxx xxx xxx (5) Where one or more data messages 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 used of paper documents. A paper document issued in these circumstances shall contain a statement of such termination. The replacement of the electronic data messages or electronic documents by paper documents shall not affect the rights or obligation of the parties involved. Section 28. RPWEB To Promote the Use of Electronic Documents or 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 and electronic online wide area networks utilizing, but not limited to, fiber optic, satellite, wireless and other broadband telecommunication mediums or modes.  RPWEB is an innovative strategy that will link by computers all state universities and colleges, public schools, and eventually, over 12,000 government offices, government- owned and controlled corporations as well as local government units. Section 29. Authority of the Department of Trade and Industry and Participating Entities. –  The Department of Trade and Industry (DTI) shall direct 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.