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Ra 8792 PDF

This document summarizes the key points of RA 8792, also known as the Electronic Commerce Act of 2000. The act aims to facilitate domestic and international transactions through the use of information and communication technologies. It applies to all electronic data and documents used in commercial and non-commercial transactions. The act establishes the legal validity and effect of electronic documents, signatures, and data messages. It also covers topics like electronic contracting, communication of electronic documents, carriage of goods, and the government's use of electronic transactions. Violations of the act, such as hacking and piracy, can result in fines and imprisonment. The Department of Trade and Industry is tasked with enforcing and implementing the rules of the act in coordination with other government agencies.

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86 views3 pages

Ra 8792 PDF

This document summarizes the key points of RA 8792, also known as the Electronic Commerce Act of 2000. The act aims to facilitate domestic and international transactions through the use of information and communication technologies. It applies to all electronic data and documents used in commercial and non-commercial transactions. The act establishes the legal validity and effect of electronic documents, signatures, and data messages. It also covers topics like electronic contracting, communication of electronic documents, carriage of goods, and the government's use of electronic transactions. Violations of the act, such as hacking and piracy, can result in fines and imprisonment. The Department of Trade and Industry is tasked with enforcing and implementing the rules of the act in coordination with other government agencies.

Uploaded by

John Hammerlock
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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RA 8792

Short Title (Sec. 1)

Electronic Commerce Act of 2000

Declaration of Policy (Sec 2)

Recognizing the role of ICT in nation uilding;


the need to create an information-friendly environment which supports and ensures the availability,
diversity and affordability of ICT products and services;
the responsibility of the private sector in contributing investments and services in ICT.

Part II ELECTRONIC COMMERCE IN GENERAL

Chapter I

Objective (Sec 3)

Aims to facilitate domestic and international transactions through utilization of IC Tech, to recognize the
authencity and reliability of electronic documents

Sphere of Application (Sec 4)

Applies to any kind of electronic data and document used in comercial/non-commercial transactions

Definition of Terms (Sec 5)

1. Addressee
2. Computer
3. Electronic Data Message
4. Information and Communication System

5. Elecetronic Signature
6. Electronic Document

7. Electronic Key
8. Intermediary

9. Originator
10. Service Provider

Chapter II Legal Recognition of Electronic Writing or Document and Data Messages

Data Messages (Sec 6), Electronic Documents (Sec 7) and Electronic Signatures(Sec 8 & 9) shall
have legal effect and validity

An electronic document shall be the functional equivalent of a written document

Original Documents (Sec 10)

instances when an electronic document can be presented in stead of the original (para 1)
Authentication of Electronic Messages and Documents (Sec 11)

Admissibility and Weight of Electronic Documents (Sec 12)

No discriminating Electronic Documents : )

Retention of Electronic Documents

Requirement to satisfy that certain ddocuments be retained in their original form

Proof of Affidavit (Sec 14)

Cross-Examination (Sec 15)

Chapter III

Communication of Electronic Documents

Formation and Validity of Electronic Contracts (Sec 16)

Sec. 17 Recognition by Parties of E-Data

Sec. 18 Attribution of E-Data Message

e-data/document is of the originator if it was sent by the originator himself.

Sec. 19 Error on E-data/document

Sec. 20 Agreement on Acknowledgment of Receipt of E-data/document

Sec. 21 Time of Dispatch of E-data/document

Sec 22. Time of Receipt of E-data.document

Sec 23. Place of Dispatch and Receipt of E-data/document

Sec 24. Choice of Security Methods

Part III Economic Commerce in Specific Areas


Chapter I Carriage of GOods

Sec 25 Actions Related to Contracts of Carriage of Goods

Sec. 26. Transport Documents -

Part IV Electronic Transactions in Government


Sec. 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic
Signatures

Sec. 28. RPWEB To Promote the Use Of Electronic Documents and Electronic Data Messages In
Government and to the General Public

Sec. 29. Authority of the Department of Trade and Industry and Participating Entities

Part V Final Provisions


Sec 30 Extent of Liability of a Service Provider

Sec 31 Lawful Access

Electronic Key shall not be made available to anybody without the consent of possessor
Sec 32 Obligation of Confidentiality

No sharing of access to e-keys/data/documents

Sec 33 Penalties

Hacking/cracking

minimum fine of 100k, imprisonment for 6mo to 3yrs

Piracy

minimum fine of 100k, imprisonment for 6mo to 3yrs

Other Violations

max 1M pesos or 6yrs imprisonment

Sec. 34. Implementing Rules and Regulations


DTI, Department of Budget and Management, and the BSP enforce/implement rules.
Coordinate w/ DoTC, NTC, National Computer Center, National Information Technlogy Council,
Commission on Audit

Sec. 35. Oversight Committee


Composed of

Committees on Trade and Industry/Commerce

Science and Technology

Finance and appropriations

Sec. 36. Appropriations


General Appropriations Act

Sec. 37. Statutory Interpretation


Sec. 38. Variation by Agreement
Sec. 39. Reciprocity
All benefitts shall be enjoyed only by parties whose countries of origin grants the same benefits and
privileges or advantages to Filipino Citizens

Joseph Estrada - Acting President


June 14, 2000 - Date Approved
Oscar Yabese - Acting Secretary of the Senate

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