ELECTRONIC COMMERCE ACT OF 2000

Case Overview and Summary

Summary of the Electronic Commerce Act of 2000 (Republic Act No. 8792)

Objectives and Declaration of Policy (Section 2)
- Recognizes the vital role of information and communications technology (ICT) in nation-building
- Aims to create an information-friendly environment that supports ICT products and services
- Acknowledges the private sector's role in contributing investments and services in telecommunications and IT
- Emphasizes the need to develop human resources for the information technology age
- Aims to facilitate the transfer and promotion of technology
- Ensures network security, connectivity, and neutrality of technology
- Aims to establish a legal, financial, diplomatic, and technical framework for national information infrastructures

General Provisions (Sections 3-5)
- Facilitates domestic and international transactions using electronic means (Section 3)
- Applies to electronic data messages and electronic documents used in commercial and non-commercial activities (Section 4)
- Defines key terms such as "electronic data message," "electronic document," "electronic signature," "originator," "addressee," and "service provider" (Section 5)

Legal Recognition of Electronic Writings and Documents (Sections 6-15)
- Electronic data messages and electronic documents shall not be denied legal effect solely because they are in electronic form (Sections 6-7)
- Electronic signatures shall be equivalent to physical signatures if certain conditions are met (Section 8)
- Establishes presumptions relating to electronic signatures (Section 9)
- Provides rules for determining the originality of electronic documents (Section 10)
- Outlines methods for authenticating electronic data messages and electronic documents (Section 11)
- Establishes the admissibility and evidential weight of electronic data messages and electronic documents (Section 12)
- Provides rules for retaining electronic data messages and electronic documents (Section 13)
- Allows for the use of affidavits as evidence, subject to cross-examination (Sections 14-15)

Communication of Electronic Data Messages and Documents (Sections 16-24)
- Recognizes the validity of electronic contracts and their formation (Section 16)
- Recognizes the legal effect of electronic data messages and electronic documents between parties (Section 17)
- Establishes rules for attributing electronic data messages and electronic documents to the originator (Section 18)
- Provides rules for handling errors in electronic data messages and electronic documents (Section 19)
- Establishes rules for acknowledging receipt of electronic data messages and electronic documents (Section 20)
- Determines the time and place of dispatch and receipt of electronic data messages and electronic documents (Sections 21-23)
- Allows parties to determine the type and level of security for electronic transactions (Section 24)

Carriage of Goods (Sections 25-26)
- Applies to actions related to contracts of carriage of goods (Section 25)
- Allows for the use of electronic data messages and electronic documents in actions related to contracts of carriage of goods (Section 26)

Electronic Transactions in Government (Sections 27-29)
- Requires government agencies to accept electronic data messages, electronic documents, and electronic signatures within two years (Section 27)
- Mandates the installation of an electronic online network (RPWEB) to facilitate electronic transactions in government (Section 28)
- Authorizes the Department of Trade and Industry (DTI) to supervise and promote electronic commerce (Section 29)

Final Provisions (Sections 30-42)
- Limits the liability of service providers under certain conditions (Section 30)
- Restricts unauthorized access to electronic files, electronic signatures, and electronic data messages (Section 31)
- Imposes an obligation of confidentiality on persons who obtain access to electronic data (Section 32)
- Establishes penalties for unlawful acts such as hacking, piracy, and violations of consumer laws, with fines ranging from P100,000 to P1,000,000 and imprisonment of 6 months to 3 years (Section 33)
- Empowers the DTI, Department of Budget and Management, and Bangko Sentral ng Pilipinas to issue implementing rules and regulations within 60 days (Section 34)
- Establishes a Congressional Oversight Committee to oversee the implementation of the Act (Section 35)
- Appropriates funds for the implementation of the Act (Section 36)
- Provides guidelines for statutory interpretation and variation by agreement (Sections 37-38)
- Establishes reciprocity for the benefits and privileges under the Act (Section 39)
- Includes separability and repealing clauses (Sections 40-41)
- Sets the effectivity date of the Act (Section 42)