Question & AnswerQ&A (DTI)
The Act recognizes the vital role of ICT in nation-building and aims to create an environment that supports the availability, diversity, affordability, and use of electronic commerce, ensuring the authenticity, validity, and enforceability of electronic documents and transactions.
The Department of Trade and Industry (DTI) directs and supervises the promotion and development of electronic commerce in the country.
Electronic data messages and electronic documents are legally recognized and have the same validity and enforceability as traditional paper documents, meeting requirements under law for writing and originality, provided they maintain integrity and reliability.
An electronic signature refers to any distinctive mark, characteristic, and/or sound in electronic form that represents a person's identity and is attached to or logically associated with an electronic data message or document with the intention of authenticating or approving it.
No. The use or acceptance of electronic data messages, electronic documents, or electronic signatures is not mandatory unless consent is inferred from the person's conduct.
The principles include technology neutrality, interoperability, elimination of red tape, implementation of appropriate security measures, and auditability of all government systems using electronic means.
Contracts can be formed via electronic data messages or documents, and their validity is not denied solely because they are in electronic form. Traditional contract requirements like offer and acceptance apply equally to electronic contracts.
Service providers are generally not liable for electronic data messages or documents they merely transmit or provide access to, provided they lack actual knowledge of unlawful activity, do not financially benefit from the unlawful content, and comply with notices or orders to remove or block illegal content.
Hacking is punishable by a minimum fine of ₱100,000, a maximum fine commensurate with damages incurred, and imprisonment ranging from six months to three years.
Piracy involving unauthorized copying, reproduction, or distribution of protected materials through telecommunication networks like the internet is penalized with fines and imprisonment, in addition to liabilities under the Intellectual Property Code of the Philippines.
Retention in electronic form satisfies legal requirements if the documents remain accessible, retain their original format or accurately represent it, and allow identification of originator, addressee, date, and time of dispatch or receipt.
Dispatch occurs when the message enters the information system outside the originator’s control, and receipt occurs when it enters the addressee’s designated system or is retrieved by the addressee, subject to specific agreements between parties.
Access to electronic files, signatures, and keys is restricted to authorized individuals and purposes, with testimonial disclosure of electronic keys protected by the constitutional right against self-incrimination, and strict confidentiality obligations on those who gain lawful access.
RPWEB is the government electronic on-line network designed to facilitate open, speedy, and efficient electronic transmission and use of electronic data messages and documents among government agencies and the general public, promoting government electronic transactions.
The Act applies to all electronic data messages and electronic documents used in commercial or non-commercial activities, including domestic and international dealings, transactions, agreements, storage, and exchanges of information.