Question & AnswerQ&A (Republic Act No. 8792)
The short title of Republic Act No. 8792 is the "Electronic Commerce Act."
The main objective of the Electronic Commerce Act is to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts, and exchanges and storage of information through electronic, optical, and similar mediums, recognizing the authenticity and reliability of electronic data messages or electronic documents.
Key definitions include: Addressee (intended receiver of electronic data), Computer (device for processing information electronically), Electronic data message (information sent or stored electronically), Electronic signature (electronic mark representing identity), Electronic document (electronically generated information establishing rights or obligations), Originator (person who created or sent the electronic document), Service provider (entity providing online services or storage).
Yes, the law grants legal recognition to electronic data messages and electronic documents, providing that they have the same legal effect, validity, or enforceability as traditional paper documents, provided they maintain integrity, reliability, and can be authenticated.
An electronic document satisfies the writing requirement if it maintains its integrity and reliability, remains complete and unaltered except authorized changes, and can be authenticated for use in subsequent reference.
Electronic signatures are recognized as equivalent to handwritten signatures if proven by showing that a prescribed, reliable procedure existed that identifies the party, indicates consent or approval, and is appropriate for the purpose of the electronic document.
It is presumed that the electronic signature is that of the person to whom it correlates and that the signature was affixed with the intent to sign or approve the electronic document unless there is knowledge or notice of defects or unreliability making reliance unreasonable.
Hacking or cracking unauthorized access resulting in corruption, destruction, alteration, theft, or loss of electronic data is punishable by a minimum fine of ₱100,000 and imprisonment from six months to three years, with fines commensurate to the damage incurred.
Government agencies, including government-owned corporations, must within two years accept, create, retain, and issue documents electronically, accept payments electronically, and transact business using electronic data messages or documents, along with promulgating appropriate implementing rules and regulations.
A service provider is generally not liable for content transmitted or stored if it merely provides access without knowledge of unlawful material, does not financially benefit from it, and does not directly commit or induce infringement or unlawful acts, except under specific contractual, regulatory, or injunctive obligations.