Rules for Implementing the Electronic Commerce Act

Government intervention is minimal, essential, transparent, and non-discriminatory.
Private sector leads electronic commerce development driven by market forces.
International coordination to ensure interoperability and harmonization.
Neutral tax treatment between electronic and non-electronic transactions.
User protection in privacy, confidentiality, anonymity, and content control.
Awareness programs for society about potentials and impacts of electronic commerce.
Support for small and medium-sized enterprises (SMEs) including education and capital access.
Promotion of skills development aligned with employment shifts.
Government as early adopter and promoter of electronic means for public services.
Support for technological convergence and domain name governance.
Equal access to public records and encouragement of extrajudicial dispute resolution.

Facilitate domestic and international transactions using electronic means.
Recognize electronic documents’ authenticity and reliability.
Apply to all kinds of electronic data messages in commercial and non-commercial activities.

Addressee: intended recipient excluding intermediaries.
Commercial activities: wide scope covering goods, services, properties, and intellectual property.
Computer: devices capable of processing, transmitting, and storing information by electronic or similar means.
Electronic data message/document: information generated, sent, or stored electronically, interchangeable terms.
Electronic signature: electronic mark or procedure authenticating electronic documents.
Intermediary: person providing transmission or storage services without content modification unless authorized.
Person: includes natural and juridical persons.
Service provider: entities providing online services or data storage without altering content.

Electronic documents have the same validity and enforceability as written documents.
Law requirements for writing, signing, notification, or form are satisfied electronically when integrity and reliability are maintained.
Incorporation by reference allowed.
Use of electronic documents is not mandatory but implied by conduct.

Electronic signatures are legally equivalent to handwritten signatures if proven by prescribed reliable procedures.
Agreements on alternative verification methods allowed.
Rebuttable presumption in favor of authenticity and intent of electronic signatures unless defects are known.

Authentication demonstrated by proof of identity and adoption procedure.
Burden of proof lies on the party introducing electronic documents.
Integrity established by reliable system operation and ordinary course of business records.

Electronic documents are admissible evidence, equivalent to written documents.
Admissibility is not denied due to electronic form or non-standard writing.
Affidavits may establish presumption of authenticity, with cross-examination rights.

Retention in electronic form suffices if accessibility, format integrity, and originator identification are ensured.
Third-party services allowed for retention.
Regulatory agencies may impose integrity and reliability standards.

Contracts formed and demonstrated via electronic data messages are valid.
Bank electronic transactions deemed consummated upon cash dispensing or account debit/credit.
Parties’ declarations via electronic data messages hold legal effect.

Message deemed originator's if sent by them, authorized agents, or automated systems.
Addressee may rely on agreed verification procedures.
Originator may disavow liability upon timely notice or known errors.

Parties may freely select technology and security measures for electronic transactions.

Actions related to contracts of carriage recognized electronically.
Electronic transport documents have legal validity equivalent to paper documents.
Rules ensure seamless substitution and termination procedures between electronic and paper documents.

Government agencies required within two years to accept, create, retain, and issue electronic documents.
Authorized to adopt rules for formats, signatures, security, and confidentiality.
Implementation governed by principles of technology neutrality, interoperability, reduction of red tape, security, and auditability.
Government Information System Plan (GISP) updated accordingly.
RPWEB established as platform for government and public electronic transactions.
Various agencies tasked to promote ICT infrastructure and reduce telecommunication costs.

DTI oversees implementation and coordination.
Bangko Sentral ng Pilipinas regulates banking-related electronic transactions.
Department of Budget and Management handles budget and core process online implementation.

Service providers not liable for electronic data solely for providing access unless they have knowledge of unlawful activity or benefit from it.
Obligations under licensing laws and court orders unaffected.

Access to electronic files and keys limited to rightful possessors and lawful purposes.
Confidentiality obligations restrict sharing except as authorized.

Hacking: unauthorized access or interference punishable by fines and imprisonment.
Piracy: unauthorized use or distribution of protected materials punishable similarly.
Violations of consumer protection laws punished as provided therein.
Other violations subject to fines and imprisonment up to six years.

Interpretation guided by international standards and UNCITRAL Model Law.
Parties may vary Act provisions by agreement within processing of electronic data.
Benefits subject to reciprocal treatment from other countries.
Congressional Oversight Committee established to monitor implementation.
DTI empowered to issue rules and standards.
Separability clause for invalid provisions.
Rules take effect 15 days after publication.