Title
EO 810: Digital Signature Certification Scheme
Law
Executive Order No. 810
Decision Date
Jun 15, 2009
Executive Order No. 810 establishes a secure infrastructure for electronic transactions in the Philippines, recognizing digital signatures as valid and requiring their use in government agencies and private sector to ensure confidentiality, authenticity, integrity, and non-repudiation.

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.

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