E Commerce Philippines Legal

In 2000, the Philippine government issued the Electronic Commerce Act (RA 8792) and a Philippine e-Commerce Roadmap 2022 to support the growth of e-commerce. The link to the roadmaps: ecommerce.dti.gov.ph/madali/. Liability of e-commerce platforms and e-marketplaces in enforcement actions From a technical point of view, the provision does not add tailor-made or additional consumer protection for e-commerce, but reaffirms the applicability of consumer law to electronic transactions, which has already been facilitated by the functional equivalence provisions of the law. Republic Act No. 8792 or the Electronic Commerce Act 2000 and its implementing rules and regulations are at the heart of the country`s legislation on electronic commerce. The Law on Electronic Commerce should make electronic contracts legally enforceable and dispel legal doubts about the legality of electronic forms of contract. It recognizes electronic documents as the legal equivalent of paper documents and electronic signatures as the legal equivalent of handwritten signatures. The Data Protection Act 2012 (DPA) would apply to the processing of personal data by merchants or the e-commerce platform if they are located or established in the Philippines, if the processing of personal data takes place in the Philippines or if the processing concerns the personal data of a citizen or resident of the Philippines. In 2008, the DTI, DOH and DA issued Joint Administrative Order DTI-DOH-DA No. 01 or rules and regulations for consumer protection in a transaction covered by the Consumer Law of the Philippines on Electronic Means under the Electronic Commerce Act. The Joint Administrative Order essentially requires retailers, sellers, distributors, suppliers or manufacturers engaged in e-commerce with consumers to adopt fair and proportionate business practices and reaffirm their obligation to comply with applicable consumer protection laws and regulations. In accordance with the Common Administrative Ordinance, e-commerce professionals provide their consumers and buyers with at least three types of information: (i) on retailers, sellers, distributors, suppliers or manufacturers engaged in e-commerce; (ii) on the products or services; and (iii) through the Consumer Transaction.

24M All existing laws, such as the Consumer Law of the Philippines, also apply to e-commerce transactions. (§ 33) § 6 Legal recognition of data electronic messages – The validity or applicability of the information cannot be refused on the sole ground that it is in the form of a data electronic message that claims to have such legal effect or that it is included only by reference in this data electronic message. Before a business entity can enter the Philippine market and engage in e-commerce activities, it must ensure incorporation or registration certification for the particular type of business. In addition, he must also obtain a business permit from the relevant local government entity and register with the BIR and various labour inspectorates. 6. Calls on the government to act within 2 years or before the 19th century. June 2002 to be able to exploit electronic commerce. (Section 27) There is no specific law to protect consumers who do business online or through e-commerce. E-commerce platforms, e-marketplaces and others are intended to verify that goods sold by online sellers or online merchants and retailers are original, genuine and/or licensed. Intellectual property rights holders («intellectual property rights holders») may ask you to remove posts of infringing goods or content. In the event that the e-commerce platform does not respond to the IP owner`s deletion requests, the IP owner may inform IPOPHL of the appropriate measures. Complaints about counterfeit and pirated products can also be filed with other government agencies that are responsible for them (e.g., the Optical Media Board, the Food and Drug Administration, etc.).

Disclaimer: The information on this page is intended to help companies understand the legal framework for electronic signatures. However, Adobe cannot provide legal advice. You should consult a lawyer on your specific legal issues. Laws and regulations change frequently, and this information may not be current or accurate. To the fullest extent permitted by law, Adobe provides this material «as is». Adobe disclaims all representations or warranties of any kind, express, implied, or statutory, with respect to this material, including any representations, warranties, or warranties of merchantability, fitness for a particular purpose, or accuracy. § 7. Legal Recognition of Electronic Documents – Electronic documents have legal effect, validity, or enforceability like any other legal document or letter, and for starters, keep these legal requirements ready for e-commerce websites: The guidelines generally repeat and consolidate the laws and regulations that apply to online businesses and consumers. It includes all online businesses (including e-commerce platforms, electronic marketplaces, online retailers and online sellers or merchants), whether natural or legal, formal or informal, that carry out electronic transactions, including, but not limited to, the sale, purchase or use of goods, digital content/products, digital financial services, entertainment services, online travel services, transport and delivery services. and educational services. The Guidelines focus on the legal framework within which online businesses operate and remind online businesses of their obligations and responsibility under existing consumer laws and regulations. Since consumer confidence is crucial for the growth of any industry, the guidelines are a step in the right direction to promote the development of e-commerce in the Philippines.

Depending on the industry and the type of activities in which a company is involved, the following agencies are listed, which are usually responsible for regulating transactions via e-commerce: When an electronic or digital signature is authenticated under the ETR, so-called contentious assumptions arise. These are presumptions that are satisfactory for legal purposes until they are rebutted and overcome by other evidence. With regard to electronic commerce in the carriage of goods, article 26 of the new law provides that «if the law requires that an act (under a contract for the carriage of goods) be performed in writing or with the help of a paper document, this requirement is fulfilled if the act is performed using one or more electronic data or electronic documents». Thus, electronic messages or electronic documents can be used as «functional equivalents» of written or paper documents in the following cases: The new law legally recognizes electronic data messages, electronic documents and electronic signatures. The e-commerce law, which includes anti-piracy provisions in addition to legal status and guidelines for online transactions, was passed in June. This law cannot be applied retroactively against de Guzman, Zuno said. The Philippines was one of the first to adopt electronic commerce legislation after the passage of the Electronic Commerce Act in 2000.