Sorry for not replying sooner. We're currently helping out in the drafting
of the Implementing Rules and Regulations that kept us busy for weeks now
after the signing. I hope you'll find this useful.
To my Filipino fellowmen in this mailing list who have emailed me, please
email me again for my mailbox got drowned lately and I missed a lot of
messages.
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Salient Features of RA8972 - The Philippines Electronic Commerce Act
by Janette Toral
In 1999, the Philippines Y2K Law is the first law that was crafted and
deliberated online by the private sector.
This year, Republic Act 8972, signed into law last June 14, 2000, is a
landmark law in the history of the Philippines. Not only has this bill
made the country a legitimate player in the global marketplace. The
Philippine Internet community has played a major role in pushing for its
passage. The law took effect last June 19, 2000.
With the Philippines relaxed stock market listing rules plus a proposed
vibrant investment priorities program in place, Filipinos here and abroad
and its foreign partners have something to look forward for.
For countries who don't have an e-commerce law yet in place, don't give up
and keep on pushing. But to make things really happen, private sector must
take the lead!
Here's a brief backgrounder on RA8972:
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 pesos 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.
To view RA8972, please visit the legal section of www.digitalfilipino.com.
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