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electronic commerce act 8792 (2000)

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electronic commerce act 8792 (2000)

  1. 1. Republic Act No 8792 June 14,2000
  2. 2. E-Commerce (electronic-commerce) refers to business over the internet, Websites such as Amazon, Buy.com and eBay are all e-commerce sites An act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof and for other purposes
  3. 3. An Act Providing and Use of Electronic Commercial, and Non-Commercial Transactions, Penalties for Unlawful Use Thereof, And Other Purposes PART 1 Section 1 SHORT TITLE AND DECLARATION OF POLICY - This Act shall be known and cited as the “Electronic Commerce Act” Section 2 Declaration of Policy -The state recognizes the vital role of information and communications technology in nation building
  4. 4. Part 2 Part II Electronic Commerce in General Chapter 1 General Provisions Section 3 Objective -This Act aims to facilitate domestic and international dealings, transactions, arrangements, agreements,contracts and exchanges and storage of information through electronics
  5. 5. Section 4 -Sphere of Application This Act shall apply to any kind of electronic document used in the context of commercial and non-commercial activities to include domestic and int’l dealings Section 5 Definition of Terms For the purpose of this Act, the following terms are defined, as follows (a) Addressee Refers to a person who is intended by the originator to receive electronic data message or document (b) Electronic data message refers to information generated,sent and received or stored in electronic
  6. 6. (d) Electronic signature Refers to any distinctive mark, characteristics or sound in electronic form (e) Electronic document refers to information or the representation of information, data, figures, symbols, or other modes (f) Electronic key Refers to a secret code which secures and defends sensitive information that crossover public channels into a form
  7. 7. (g) Intermediary Refers to a person who in behalf of another person with respect to a particular electronic document (h) Originator Refers to a person by whom, or on whose behalf the electronic document purports to have been created,generated and/or sent (i) Service provider
  8. 8. Chapter 2 Legal Recognition of Electronic Data Messages and Electronic Document Section 6 Legal Recognition of Electronic Data Messages -Information shall not be denied validity or enforceability solely on the ground that it is in the form of electronic data Section 7 Legal Recognition of Electronic documents -Electronic documents shall have legal effects, validity as any other document
  9. 9. Section 8 Legal Recognition of Electronic Signatures -An electronic signature on the electronic document shall be equivalent to the signature of the person on a written document Section 9 Presumption Relating to Electronic Signatures (a) The electronic signature is the signature of the person to whom it correlates (b) The electronic signature was affixed by that person
  10. 10. Section 10 Original documents Where the law requires information to be presented or retained in its original form Section 11 Authentication of Electronic Data Messages and Electronic Document Until the Supreme Court by appropriate rules shall have provided, electronic documents Section 12 Admissibility and Evidential Weight of Electronic Data Messages In any legal proceedings nothing in the application of the rules on an electronic data message or document in evidence Section 13 Retention of Electronic Data Message or Electronic Document
  11. 11. Section 14 Proof of Affidavit Section 15 Cross-examination
  12. 12. Chapter 3 Communication of Electronic Data Messages or Electronic Documents Section 16 Formation of Validity of Electronic Contracts Section 17 Recognition by Parties of Electronic Data Message or Electronic document As between the originator and the addressee of an electronic data message or electronic document Section 18 Attribution of Electronic Data Message
  13. 13. Section 19 Error on Electronic Data Message or Electronic Document The addressee is entitled to regard the electronic data message Section 20 Agreement on Acknowledgement of Receipt of Electronic Data Message/Document Section 21 Time of Dispatch of Electronic Data Message Unless otherwise agreed between the originator and the addressee, the dispatch Section 22
  14. 14. Section 23 Place of Dispatch and Receipt of Electronic Data Messages or Documents Section 24 Choice of Security Methods -Parties are given the right to choose the type and level of security method that suit their needs Part 3 Electronic Commerce in Carriage of Goods Section 25 Actions Related to Contracts of Carriage Goods
  15. 15. Section 26 Transport documents -Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. Includes ducuments such as multi-modal, airport,road,rail, charter party bill of lading Part IV Electronic Transaction in Government Section 27 Government Use of Electronic Data Messages -Mandates the government to have the capability to do e-commerce within 2 years or before June 19,2002 Section 28 RPWEB Promote the Use of Electronic Documents or Data Messages in Government and to the General Public -RPWeb is a strategy that intends to connect all government officesto the internet and provide universal access to the general public
  16. 16. Section 29 Authority of the Department of trade and industry and participating entities -Empowers the Department of Trade and Industry to supervise the development of e- commerce in the country Part 5 Final Provisions Section 30 Extent of Liability of a Service Provider -Provided guidelines as to when a service provider can be liable Section 31 Lawful Access Authorities and parties with legal rights can gain access to electronic documents
  17. 17. Section 33 Penalties -Hacking or cracking ,refers to unauthorized access including introduction of computer viruses is punishable Section 34 Implementing Rules and Regulations Section 35 Oversight Committee Section 36 Appropriations
  18. 18. Section 37 Statutory Interpretation The process by which courts interpret and apply legislation Section 38 Variation of Agreement As between parties involved in generating, sending, receiving, storing or other wise Section 39 Reciprocity The quality or state of being reciprocal Section 40 Separability Clause For any reason, any section or provision of this act is declared invalid or unconstitutional Section 41 Repealing Clause All other laws, decrees rules and regulations or parts thereof which are inconsistent with the provision of this Act
  19. 19. Section 42 Effectivity The capability of producing a desired result. When something is deemed effective, it has intended or extended outcome pr produces a deep vivid impression This act shall take effect immediately after its publication in the Official Gazette or in atleast two(national) newspaper of general circulation (sgd.) Joseph E. Estrada June 14,2000
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