Law Summary
Legal Recognition and Definition of Electronic Signatures
- Electronic signatures represent identity and authenticate electronic data/messages using various methodologies
- Electronic Commerce Act (Republic Act No. 8792) Section 8 grants legal recognition to electronic signatures, imposing strict conditions to qualify as handwritten signatures
- Digital signatures defined by Supreme Court Rules on Electronic Evidence as cryptographic transformations ensuring document authenticity and integrity using asymmetric cryptosystems
Institutionalization of the National Certification Scheme for Digital Signatures
- Executive Order adopts a framework establishing a national certification scheme for digital signatures, detailed in Annex A
- Department of Trade and Industry (DTI) tasked to issue implementing guidelines under its mandate from the Electronic Commerce Act
Designation of Government Agencies and Responsibilities
- National Computer Center (NCC) under Commission on Information and Communications Technology (CICT) designated as Root Certification Authority (Root CA) and Government Certification Authority (Government CA), responsible for:
- Operating Root CA system and issuing certificates to accredited Certification Authorities (CAs)
- Issuing government transaction certificates and publishing Certificate Revocation Lists (CRL)
- Developing technical standards for digital signatures with DTI's Bureau of Product Standards
- Ensuring interoperability, resolving disputes, and supporting international cooperation
- Government agencies providing e-services act as Registration Authorities (RA), responsible for user identification, registration, certificate requests, validation, and revocation
- DTI's Philippine Accreditation Office (PAO) designated as Accreditation and Assessment Body for CAs, empowered to:
- Issue accreditation criteria and guidelines
- Accredit, assess, revoke or suspend licenses of CAs
- Establish advisory and other functional committees
Mandatory Use of Digital Signatures in E-Government Services
- All government agencies providing electronic services must require digital signatures
- Aimed at ensuring confidentiality, authenticity, integrity, and non-repudiation in government electronic transactions
- Inclusion of digital signature projects in agency Information Systems Strategic Plans (ISSP) submitted to NCC for approval and endorsement to Department of Budget and Management (DBM)
- NCC-CICT tasked with planning, directing, monitoring implementation, and assisting RAs
- Phased compliance deadlines: priority agencies within 2 years; others within 3 years from issuance
Funding and Resource Allocation for Implementation
- CICT directed to prioritize funding for projects that implement digital signatures
- Agencies must submit manpower and budgetary requirements to DBM
- DBM to ensure appropriation of necessary resources in consultation with DTI and CICT
Promotion and Regulation of Digital Signatures in Private Sector ICT Systems
- DTI mandated to promote digital signatures in private sector for trade and commerce
- Government regulatory agencies to identify critical electronic services requiring high security levels and to enforce digital signature use in those services
Fee Structure for Digital Certificates and Related Services
- NCC authorized to charge fees for certificate issuance intended to recover service costs
- Government Registration Authorities may also charge fees or absorb costs subject to contractual arrangements
- Fee imposition or increases regulated per relevant government circulars
- Private Accredited Certification Authorities (ACAs) set market-based fees; their associated RAs may choose to cover costs depending on contract
Mechanism for Dispute Resolution
- Disputes related to accreditation of CAs, issuance and use of digital certificates, and related issues, to be resolved by designated agencies per formulated rules and regulations
Transitional Provisions and Interim Arrangements
- Interim personnel may be appointed through various civil service mechanisms to manage Root CA, Government CA, and RAs
- DTI and CICT to recommend long-term manpower solutions to DBM
- Until private ACAs become operational, NCC assumes role of private ACA
Repeal of Inconsistent Issuances
- All conflicting issuances, orders, rules, or regulations are repealed, amended or modified accordingly
Effectivity
- The Executive Order takes immediate effect upon issuance