The E-commerce Law of the Philippines

Republic Act 8792, also known as the Electronic Commerce Act of 2000, was enacted by the congress with aims of facilitating 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 transaction in the government and general public.

Following the spread of a computer virus created by a Filipino, the law is critical to the country’s development in the field of IT. The goals of the act are: provide a secure legal framework and environment for electronic commerce, and 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.

Some of its salient features compiled by digitalfilipino.com are:

1. Sections 3 through 13 gives legal recognition to electronic data messages, electronic documents, and electronic signatures.         
2. Allows the formation of contracts in electronic form. Through this act, electronic contracts are now valid.
3. Makes banking transactions done through ATM switching networks absolute once consummated.
4. Parties are given the right to choose the type and level of security methods that suit their needs.
5. Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to, multi-modal, airport, road, rail, inland waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill, and charter party bill of lading.
6. Mandates the government to have the capability to do e-commerce within 2 years or before June 19, 2002.
7. 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. The Department of Transportation and Communications, National Telecommunications Commission, and National Computer Center will come up with policies and rules that shall lead to substantial reduction of costs of telecommunication and Internet facilities to ensure the implementation of RPWeb.
8. Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications.
9. Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country. It can also come up with policies and regulations, when needed, to facilitate the growth of e-commerce.
10. Provided guidelines as to when a service provider can be liable.
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.
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.
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.
14. All existing laws such as the Consumer Act of the Philippines also applies to e-commerce transactions.

 Why was this law enacted?

Relate a provision of the law to a past experience as an IT student

The provision penalizing people who violate 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.

I can relate to this provision of the law because majority of transactions happening today are happening electronically or online. I have known people who have been scammed online and are doing nothing because they don’t know that a law exists to help them in their troubles.