Law Summary
Legal Recognition and Definition of Electronic and Digital Signatures
- Republic Act No. 8792 (Electronic Commerce Act of 2000) Section 8 grants legal recognition to electronic signatures.
- Strict requirements must be satisfied for an electronic signature to be equivalent to a handwritten signature.
- Electronic signatures include digital signatures generated by compliant technology.
- Supreme Court Rules on Electronic Evidence define digital signature as an electronic signature using asymmetric or public key cryptography, ensuring document authenticity and integrity.
Institutionalization and Adoption of a National Certification Scheme
- A National Certification Scheme for Digital Signatures is adopted to provide a secure digital signature system nationwide.
Implementation Guidelines by the Department of Trade and Industry (DTI)
- DTI is mandated to issue guidelines implementing the National Certification Scheme.
Designation of Key Government Agencies and Their Functions
- Root Certification Authority (Root CA):
- Operated by the National Computer Center (NCC) under CICT.
- Manages Root CA system and issues certificates to accredited government and private Certification Authorities (CAs).
- Develops technical standards in coordination with DTI’s Bureau of Product Standards.
- Ensures interoperability and handles dispute resolution related to digital certificates.
- Government Certification Authority (Government CA):
- Also operated by the NCC.
- Issues digital certificates for government transactions and some private-sector purposes.
- Publishes certificates and Certificate Revocation Lists (CRL) and manages revocation requests.
- Registration Authority (RA):
- Government agencies providing e-government services act as RAs.
- Responsible for user identification, registration, certificate request transmissions, validation, and revocation requests.
- Accreditation and Assessment Body:
- The DTI through the Philippine Accreditation Office (PAO) serves as this body.
- Sets accreditation criteria for CAs, accredits and assesses compliance, and can revoke/suspend CA licenses.
- Establishes an Advisory Committee and other necessary committees for policy formulation and effective implementation.
Mandatory Use of Digital Signatures in E-Government Services
- All government agencies providing electronic services must require digital signatures.
- Aims to guarantee confidentiality, authenticity, integrity, and non-repudiation in government electronic transactions.
- Implementation integrated into agencies’ Information Systems Strategic Plans (ISSP), subject to NCC-CICT approval.
- NCC-CICT tasked to plan, direct, monitor implementation, and assist RAs.
- Timelines:
- Priority agencies: Compliance within 2 years.
- Other agencies: Compliance within 3 years.
Funding and Manpower Support
- CICT to prioritize funding for projects implementing digital signatures under the E-government Fund.
- Government agencies to submit manpower and budget requirements to the Department of Budget and Management (DBM).
- DBM to ensure appropriation of resources in regular budgets in coordination with DTI and CICT.
Promotion and Regulation of Digital Signatures in the Private Sector
- DTI to promote use of digital signatures to protect confidentiality, authenticity, integrity, and non-repudiation in private ICT transactions.
- Regulatory entities to identify critical private electronic services requiring high security standards and mandate digital signatures therein.
Fee Structure for Digital Certificates and Services
- NCC authorized to charge fees for certificates issued as Root CA and Government CA to recover service costs.
- Registration Authorities also authorized to charge fees; may choose to subsidize costs under specific contracts.
- New fees or increases subject to government circulars regulating fees.
- Private Accredited CAs set fees based on market conditions, with possible subsidization by private Registration Authorities.
Dispute Resolution Mechanism
- Accredited agencies designated under the scheme shall hear and resolve disputes involving CA accreditation, certificate issuance/use, and related issues.
Transitional Arrangements and Interim Management
- Interim personnel assigned to manage Root CA, Government CA, and Registration Authority functions during initial period.
- Personnel movements subject to Civil Service Commission rules.
- Until private Accredited Certification Authorities become operational, NCC assumes their role.
Repeal of Inconsistent Issuances
- All orders, rules, and regulations inconsistent with this Executive Order are repealed, amended, or modified accordingly.
Effectivity
- The Executive Order takes effect immediately upon issuance.