Protect Online Consumers, Merchants Act 2023

E-Commerce Bureau established under DTI within 6 months from effectivity.
Headed by Director and Assistant Director with e-commerce expertise.
Functions include policy formulation, enforcement of the Act, registration enforcement of merchants and platforms, data collection respecting privacy, identifying regulatory gaps, complaint handling, coordination with agencies, investigation, monitoring, consumer education, incentivizing digital payments, and inter-agency cooperation.
Bureau's powers are exercised without stifling innovation or impeding competition.

Bureau refers complaints involving other laws to appropriate authorities and tracks resolutions.
Establishes an Online Business Database within 1 year containing information on digital platforms and merchants.
Database governed by regulations consulting DICT, NPC, PCC, SEC, CDA, consistent with ease of doing business laws.
DTI encouraged to promote an E-Commerce Philippine Trustmark operated by private sector for transaction security assurance.

DTI regulates internet use for e-commerce platforms and merchants, ancillary to other regulators like DICT, BSP, NPC.
Can issue subpoenas for investigation and compliance orders to enforce conformity to consumer laws.
May issue ex parte takedown orders for prohibited or dangerous goods/services online, with opportunity to be heard within 48 hours.
Can blacklist non-compliant online businesses; removes listing after compliance.
Develops Online Dispute Resolution (ODR) platform within 6 months for alternative resolution of e-commerce disputes.

DTI to provide a Code of Conduct for e-commerce businesses.
Consumers obligated to exercise due diligence; certain conditions for cancellation of goods orders.
Consumers have remedies including repair, replacement, refund for defects or non-conformity.
E-marketplaces must ensure identifiable transactions, require merchant registration data, maintain updated merchant lists, protect data privacy, prohibit unlicensed sales, provide redress mechanisms, and require product transparency.
Other digital platforms without transaction control must distinguish commercial from private accounts, prohibit unlicensed sales, require product and contact info, maintain redress mechanisms, and protect data privacy.
E-retailers and online merchants must disclose prices, deliver conforming goods, provide manuals and packaging, maintain digital goods standards, ensure service completion, publish business info, protect privacy, issue invoices, and maintain redress mechanisms.
Deemed exhausted internal redress after 7 calendar days if unresolved.

E-retailers and online merchants primarily liable for indemnifying consumers.
E-marketplaces or platforms subsidiarily liable if they fail ordinary diligence or fail to act on takedown notices, or fail to provide merchant contact info.
Platforms can be solidarily liable if failing to expeditiously remove illegal or dangerous goods/services after notice.
Digital platforms not liable for good faith reliance on merchant representations if they exert reasonable efforts.

Consumers may claim damages within 2 years from cause of action.
Administrative fines imposed by DTI for violations ranging from P5,000 to P1,000,000 depending on offense and recurrence.
Penalties cover deceptive acts, sale of prohibited goods, refusal to comply with takedown orders, and failure to observe obligations.
Fines adjusted every 5 years.
Penalties do not preclude civil or criminal liability.

Congressional Oversight Committee established for 5 years to monitor implementation.
Rules and regulations to be promulgated within 90 days by a multi-agency committee.
18-month transitory period for compliance.
Civil Code provisions apply where appropriate.
Provisions interpreted with respect for human dignity, consumer rights, and privacy.
Appropriations included in General Appropriations Act.
Separability clause maintains remainder of law if any section invalidated.
Repeals inconsistent laws and takes effect 15 days after publication.