MODULE 13: Related Philippine Laws

RA8792 Salient features

Here's the salient features of RA8792:

• It gives legal recognition of electronic data messages, electronic documents, and electronic signatures.
• Allows the formation of contracts in electronic form.
• Makes banking transactions done through ATM switching networks absolute once consummated.
• Parties are given the right to choose the type and level of security methods that suit their needs.
• Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to, multi-modal, airport, road, rail, inland waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill, charter party bill of lading.
• Mandates the government to have the capability to do e-commerce within 2 years or before June 19, 2002.
• Mandates RPWeb to be implemented. RPWeb is a strategy that intends to connect all government offices to the Internet and provide universal access to the general public. The Department of Transportation and Communications, National Telecommunications Commission, and National Computer Center will come up with policies and rules that shall lead to substantial reduction of costs of telecommunication and Internet facilities to ensure the implementation of RPWeb.
• Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications.
• Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country. It can also come up with policies and regulations, when needed, to facilitate the growth of e-commerce.
• Provided guidelines as to when a service provider can be liable.
• Authorities and parties with the legal right can only gain access to electronic documents, electronic data messages, and electronic signatures. For confidentiality purposes, it shall not share or convey to any other person.
• Hacking or cracking, refers to unauthorized access including the introduction of computer viruses, is punishable by a fine from 100 thousand to maximum commensurating to the damage. With imprisonment from 6 months to 3 years.
• Piracy through the use of telecommunication networks, such as the Internet, that infringes intellectual property rights is punishable. The penalties are the same as hacking.
• All existing laws such as the Consumer Act of the Philippines also applies to e-commerce transactions.

Anyone who uses the Internet, computer, cellular phone, and other IT-enabled devices has the duty to know RA8792. As the old saying goes, “Ignorance of the law doesn’t excuse anyone.”

Reference

Toral, Janette, Salient Features of RA8792, The E-Commerce Law , excerpt extracted January 1, 2006 from http://www.digitalfilipino.com/writing_article.cfm?id=19