Definition of Data

Data is not defined

Main Focus of Document

Makes provision for legality of electronic transactions

Target Beneficiaries or Sector

n/a

Key Elements

Provides for the validity of e-transactions, including contracts. Also provides for consumer protection in many ways and ensures that suppliers provide adequate information to consumers to allow them to trade with those suppliers. Key sections include:

Legal Recognition of Electronic Communications
3. Subject to the provisions of this Act, information shall not be denied legal effect, validity or enforcement solely on the grounds that - 
i. it is in the form of an electronic communication or
ii. it is not contained in the electronic communication purporting to give rise to such legal effect, but is merely referred to in that electronic communication
4. (1) Where, in any law, a person is required to or permitted to give information in writing, that requirement or permission is met if the information is given in the form of an electronic communication that is accessible for use in any subsequent reference.
(2) Subsection (1) shall apply irrespective of whether - 
(a) the requirement is an obligation; or 
(b) the law which requires the giving of such information also provides consequences for the information not being in writing
5. Subject to the provisions of this Act, an electronic signature shall not be denied legal effect, validity or enforcement solely on the grounds that is in electronic form. 

Part III - Legality of Electronic Transactions
12. As between parties involved in generating, sending, receiving, storing or otherwise processing electronic communications and except as otherwise provided, the provisions of this Part may be varied by agreement. 
13. (1) Subject to subsections (2) and unless otherwise agreed to by the parties, an offer and the acceptance of an offer may be expressed by means of an electronic communication.
(2) A contract shall not be denied legal effect, validity or enforceability on the sole ground that an electronic communication was used wholly or partly in the formation of the contract.
(3) A proposal to conclude a contract made through one or more electronic communications which is not addressed to one or more specific parties, but is generally accessible to parties making use of information systems, including proposals that make use of interactive applications for the placement of orders though such information systems , shall be considered as an invitation to make offers, unless it clearly indicates the intention of the party making the proposal to be bound in case of acceptance

Part IX- General Provisions 
Any person who contravenes or fails to comply with any provisions of this Act for which a penalty has not been provided for elsewhere in this Act commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding five years, or to both.
40. (1) A service provider shall not be subject to any civil or criminal liability in respect of third-party material in the form of electronic communications to which he or she merely provides access to or for operating facilities for information system services for the transmitting, routing or storage of electronic communications via an information system under its control, where the service provider:
a.     Does not initiate the transmission;
b.     Does not select the addressee;
c.     Performs the functions in an automatic, technical manner without selection of the data; and
d.     Does not modify the data contained in the transmission.
(2) The act of transmission, routing and of provision of access referred to in subsection (1) includes the automatic, intermediate and transient storage of the information transmitted in so far as this takes place:
a.     For the sole purpose of carrying out the transmission in the information system;
b.     In a manner that makes it ordinarily inaccessible to anyone other than anticipated addresses; and
c.     For a period no longer than is reasonably necessary for the transmission. 

Policy/Regulation Mirrors

Electronic Transactions Acts/Bills