Relevant Provisions of the E-Commerce Law

provision

A ______ can be a sentence, paragraph, or section within a legal document that specifies a particular requirement, condition, or obligation. For example, a provision in a contract might define the terms of payment, the scope of work, or the conditions for termination.

Business-to-Consumer (B2C)

This is the most common model, where businesses sell goods and services directly to individual consumers. Examples include online retailers like Amazon or Shopify, manufacturers selling directly through their websites, and service providers offering online subscriptions or services.

Business-to-Consumer (B2C)

In this model, consumers sell goods or services to businesses. Examples include individuals offering freelance services on platforms.

Consumer-to-Consumer (C2C)

This model facilitates transactions between individuals, often through online marketplaces or auction sites. Examples include platforms like eBay, where individuals can buy and sell items from each other, or online forums where users can exchange digital products or services.

Republic Act No. 8792

_________, also known as the Electronic Commerce Act of 2000, is a Philippine law that gives legal recognition to electronic documents, electronic signatures, and electronic transactions.

Electronic Commerce Act of 2000

Republic Act No. 8792, also known as the ________, is a Philippine law that gives legal recognition to electronic documents, electronic signatures, and electronic transactions.

Electronic Commerce Act of 2000

It was enacted on June 14, 2000, and serves as the foundation for conducting business and government services online.

Legal Recognition of Electronic Documents

Electronic data messages, records, and documents shall have the same legal effect and enforceability as printed documents

Legal Recognition of Electronic Signatures

Electronic signatures are considered valid and enforceable, provided they meet the criteria of authentication and integrity.

Electronic Contracts and Transactions

Contracts formed through electronic means shall be recognized as valid, and obligations may be performed digitally.

Government Use of Electronic Data

● Government agencies are encouraged to accept:

○ Electronic filing of documents

○ Digital payments

○ Online applications and permits

● Agencies are also allowed to issue official documents electronically.

Protection of Electronic Data

The law highlights the importance of data privacy, security, and authenticity in handling electronic transactions.

Lazaro v. Hon. Court of Appeals

This case discussed the use of electronically generated documents as evidence in court. It reinforced the admissibility of electronic data messages under RA 8792, giving digital documents the same legal weight as physical ones.

People of the Philippines v. Paglinawan

In this cybercrime-related case, the accused was charged with violation of the Anti-Photo and Video Voyeurism Act, and the admissibility of electronic evidence became central. RA 8792 was cited to justify the validity of electronic messages and digital records submitted as evidence.

MCC Industrial Sales Corp. v. Ssangyong Corporation

Here, RA 8792 was discussed in relation to the enforceability of email correspondence in contracts. The court recognized that email communications could constitute valid written agreements under the law.

Republic Act No. 11967

___________: The Internet Transactions Act (ITA) of 2023 is a Philippine law enacted to regulate electronic commerce (e-commerce) activities, ensuring consumer protection, data privacy, and fair business practices in online transactions.

The Internet Transactions Act (ITA) of 2023

Republic Act No. 11967: __________ is a Philippine law enacted to regulate electronic commerce (e-commerce) activities, ensuring consumer protection, data privacy, and fair business practices in online transactions.

The Internet Transactions Act (ITA) of 2023

Signed into law on December 5, 2023, the ITA applies to business-to-business (B2B) and business-to-consumer (B2C) transactions where at least one party is situated in the Philippines or where digital platforms have minimum contacts within the country.

E-retailers and online merchants

___________ are primarily liable for indemnifying consumers in civil or administrative complaints.

E-marketplaces and digital platforms

________ may be subsidiarily or solidarily liable under certain conditions, such as failure to act on prohibited or dangerous goods/services.

Department of Trade and Industry

________- : Primary regulatory authority over e-commerce activities.

E-Commerce Bureau

Established under the DTI to implement and monitor compliance with the ITA, investigate complaints, and develop policies for e-commerce development.

Online Dispute Resolution Platform

To be developed by the DTI to facilitate alternative modes of dispute resolution for online consumers and merchants.

Data Privacy Act of 2012

Republic Act No. 10173, also known as the ________, is a Philippine law that protects the privacy and integrity of personal data, whether in physical or digital form.

Republic Act No. 10173

______, also known as the Data Privacy Act of 2012, is a Philippine law that protects the privacy and integrity of personal data, whether in physical or digital form.

Data Privacy Act of 2012

It was signed into law on August 15, 2012. It officially took effect 15 days after its publication in newspapers of general circulation, and the National Privacy Commission (NPC) was created in 2016 to implement and enforce the law.

Transparency in Data Collection

Organizations must inform individuals about how their personal data is collected, used, stored, and shared.

Requirement of Consent

Personal data can only be collected or processed with clear and specific permission from the data subject.

Legitimate Purpose

Data collection must have a lawful and necessary purpose, relevant to the service being provided.

Data Security

Entities must implement adequate organizational, technical, and physical security measures to protect personal data.

Data Subject Rights

Individuals have the right to access, correct, and erase their personal information held by any organization.

Commision on Elections (COMELEC) and Smartmatic Data Breach

Hackers reportedly accessed COMELEC’s servers and stole election-related data, raising concerns about electoral integrity and data security.

MGLB v. PayMaya Philippines, Inc.

A government employee’s personal data was used to open a PayMaya account without consent, leading to a complaint over improper data handling.

BDO Unibank, Inc. Data Breach

A major phishing attack compromised numerous BDO customer accounts, prompting regulatory investigations and calls for stronger cybersecurity.

RLA v. PLDT Enterprise

A complainant's personal data was mistakenly sent to another PLDT client, highlighting issues in data sharing protocols and privacy safeguards.

Cybercrime Prevention Act of 2012

The ___________ is a Philippine law enacted to address crimes committed through the internet and other information and communication technologies (ICT). Signed into law on September 12, 2012, RA 10175 defines and penalizes a wide range of cyber offenses, aiming to protect online users and maintain the integrity of ICT systems.