Question & AnswerQ&A (Republic Act No. 8792)
Republic Act No. 8792 is known and cited as the "Electronic Commerce Act."
The State recognizes the vital role of information and communications technology (ICT) in nation-building and aims to create an information-friendly environment that supports availability, diversity, and affordability of ICT products and services.
The Act aims to facilitate domestic and international commercial and non-commercial dealings, transactions, agreements, and exchanges through electronic means and to recognize the authenticity and reliability of electronic data messages or documents.
It applies to any electronic data message and electronic document used in commercial and non-commercial activities, including domestic and international dealings, transactions, agreements, contracts, and storage of information.
An electronic signature refers to any distinctive mark, characteristic, and/or sound in electronic form representing a person's identity, attached to or logically associated with an electronic data message or document, or any methodology employed by a person to authenticate or approve such messages or documents.
Electronic documents have the same legal effect, validity, and enforceability as traditional documents or legal writings, provided they maintain integrity, reliability, and can be authenticated for subsequent reference.
An electronic signature on an electronic document is equivalent to a handwritten signature if it is proven through prescribed procedures that identify the party, indicate consent, and allow verification for authenticity.
Hacking or unauthorized access that results in corruption, destruction, or theft of electronic data messages or documents is punishable by a minimum fine of ₱100,000 to a maximum depending on damage incurred, and imprisonment from six months to three years.
Service providers are not liable for electronic data messages or documents they merely provide access to, provided they do not have actual knowledge of unlawful acts, do not benefit from it financially, and do not directly commit or induce unlawful acts.
Dispatch occurs when the electronic data message or document enters an information system outside the originator’s control. Receipt occurs when it enters the addressee’s designated information system or is retrieved by the addressee, subject to agreed terms between parties.