philippine it laws

E-commerce

is the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network, primarily the internet.

An ecommerce platform

is the content management system (CMS) and commerce engine websites use to manage catalogued products, register purchases and manage a user relationship with an online retailer.

1.  Business-to-Business (B2B)

encompasses all electronic transactions of goods or services conducted between companies.

2.  Business-to-Consumer (B2C)

is distinguished by the establishment of electronic business relationships between businesses and final consumers.

3.  Consumer-to-Consumer (C2C)

encompasses all electronic transactions of goods or services conducted between consumers.

Consumer-to-Business (C2B)

there is a complete reversal of the traditional sense of exchanging goods. This type of e-commerce is very common in crowdsourcing based projects. A large number of individuals make their services or products available for purchase

1.  Business-to-Administration (B2A)

encompasses all transactions conducted online between companies and public administration. This is an area that involves a large amount and a variety of services, particularly in areas such as fiscal, social security, employment, legal documents and registers, etc.

  Consumer-to-Administration (C2A)

encompasses all electronic transactions conducted between individuals and public administration.

a) "Addressee"

refers to a person who is intended by the originator to receive the electronic data message or electronic document. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document.

b)"Computer"

refers to any device or apparatus which, by electronic, electromechanical or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of those functions.

a) "Electronic Data message"

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

b)"Information and communication system"

refers to a system intended for and capable of generating, sending, receiving, storing or otherwise processing electronic data messages or 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 data message or electronic document.

c) "Electronic signature" r

efers to any distinctive mark, characteristic and/or sound in electronic form, 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.

d)"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 proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.

a) "Electronic key"

refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key.

i)   "Intermediary"

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

b)"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.

c) "Service provider" refers to a provider of -

i.         

   On-line services or network access, or the operator of facilities thereof, 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

Hacking or cracking

which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer

piracy

which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer

ecommerce penalty

a.    (P1,000,000.00) or six (6) years imprisonment.

Intellectual Property Code of the Philippines (RA 8293)

is the primary law that governs intellectual property rights (IPR) in the country. Enacted on June 6, 1997, and effective from January 1, 1998, this law provides a comprehensive legal framework for protecting the rights of inventors, artists, and businesses. It promotes creativity, innovation, and fair competition in various industries.

IPOPHL

, the government agency responsible for regulating and enforcing intellectual property laws in the Philippines.

• Copyright

• – Covers literary and artistic works such as books, music, films, paintings, and software.

• Patents –

• Grants inventors exclusive rights to new and useful inventions.

• Trademarks and Service Marks

• – Protects brand names, logos, symbols, and product identifiers.

• Industrial Designs

• – Covers aesthetic aspects of products, such as the shape or appearance of an article.

• Layout Designs of Integrated Circuits

• – Protects microchip and semiconductor designs.

• Trade Secrets

• – Protects confidential business information from unauthorized use.

for "fair use,"

which allows limited use of copyrighted materials without permission for education, research, news reporting, and criticism.

Optical Media

 

- a storage medium or device in which information, including sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future.

Economic Zone

-  A designated area in the Philippines, such as special economic zones and free trade zones, that promotes business and investment with special regulations and incentives.

(c) License

- the authority granted by the Optical Media Board (OMB) to establishments or entities registered with the OMB to engage in the business of mastering, manufacture, replication, importation or exportation of optical media;

(d) Magnetic Media

- a storage medium or device characterized by a base, usually plastic, coated with ferric oxide powder, in which visual and/or aural information, or software code, may be recorded or stored, including, but not limited to, magnetic tape, cassettes, video tape, diskettes, and floppy discs;

(e) Manufacture

- the act or business of producing optical media or devices containing sounds and/or images, or software code, including any work protected in Part IV of the IP Code, by mastering and/or replication. In relation to equipment, "manufacture" shall refer to the assembly or integration of various components into any equipment useful for the mastering, manufacture and/or replication of optical media;

(f) Manufacturing Equipment

- any and all equipment, machine or device, now known or to be known in the future, intended or design for the production or manufacture, by mastering and/or replication of optical media, optical media masters, or production parts thereof, including but not limited to, those which shall be listed in the Implementing Rules and Regulations (IRR) of this Act or as prescribed by the OMB.

(g) Manufacturing Material -

any material such as, but not limited to, optical grade polycarbonate or polycarbonate substitutes with physical properties suitable for the manufacture of optical media;

(h) Mastering

- the act or business of producing a stamper made of glass, metal or other material, intended for the manufacture of optical media;

(i) OMB

- is a government agency in the Philippines responsible for regulating the production, distribution, and use of optical media, such as CDs and DVDs. It aims to prevent piracy and protect intellectual property rights by monitoring and licensing businesses involved in optical media.

(j) Replication

- the process of manufacturing optical media by reproducing or generating copies of the stamper in an injection molding machine or other forms of replicating equipment; and

(k) Source Identification Code or SID Code

- a system of codes to identify the source of all optical media mastered, manufactured or replicated by any establishment or entity.

opticla media penalty

)- 3 to 6 years imprisonment + ₱500,000 to ₱1,500,000 fine.

data privacy act or ra 10173

AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION, IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES”

Commission:

This refers to the official body created by the law, called the National Privacy Commission (NPC)

Consent of the data subject:

This means a person freely and clearly agrees, in writing, electronically, or through a recording, to allow their personal information to be collected and used.  An authorized agent can also give consent on their behalf.

Data subject: 

refers to an individual whose personal information is processed

Direct marketing:

refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals.

Filing System:

This means any organized collection of information about people, even if it’s not processed by a computer.  The information must be structured in a way that makes it easy to find specific details about an individual in such a way that specific information relating to a particular person is readily accessible.

Information and Communications System:

This refers to any system that creates, sends, receives, stores, or processes electronic data or documents.  This includes the computers, devices, and procedures used to store and transmit information.

Personal Information:

This is any information, whether written down or not, that can be used to identify a specific individual. This includes information that, when combined with other information, would directly identify someone.

Personal information controller:

refers to a person or organization who controls the collection, holding, processing or use of personal information.

Personal Information Processor:

This is a person or company that handles personal information on behalf of another person or company (the “personal information controller”). They process the data, but the original company is still responsible for protecting it.

Processing:

This encompasses any action taken with personal information, including collecting, storing, organizing, updating, retrieving, using, deleting, or destroying it.

Privileged Information:

This refers to information that is protected by law and can’t be shared without permission.  Examples include legal communications and certain medical records.

Sensitive Personal Information:

This is personal information that is especially private and requires extra protection. It includes details about: