3, DATA PRIVACY ACT OF 2012 J REPUBLIC ACT NO. 10173 SALIENT FEATURES troller, t have the particular information about him (which ears When his name is searched via the search engine) “no longer opi ked to his name by a list of results displayed following a search be line the basis of his name” on the i 4 de on the a the ground “that information met having regard to all the circumstances of the case, to be jpadeatat®s irrelevant or no longer relevant, or excessive in relation ® the purposes of the: Spec eeesiny at issue carried out by the operator sahe search engine.”* The CJEU ordered that the information and finks concerned in the list of results must be erased, Note that the website that published or has the information sought to be removed is NOT covered by the right to be forgotten peeause as to them, the freedom of expression applica ‘The right to be forgotten is recognized in the form of “vi erasure or blocking” under the DPA in that the data ee “suspend, withdraw or order the blocking, removal or destruction of his or her personal information from the personal information controller's filing system upon discovery and substantial proof that the personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected.” "Google Spain SL, Google Inc. v. Agencia Espatiola de Proteccién de Datos (AEPD), Mario Costeja Gonzzlez, 2014. "Ibid. Scanned with CamScanner4. PHILIPPINE COMPETITION ACT REPUBLIC ACT NO. 10667 SALIENT FEATURES 1. What is the state policy for the enactment of R.A. No. 106 otherwise known as the “Philippine Competition Act” me (ecary The efficiency of market competition as a mechanism for allocating goods and services is a generally accepted Precept, The State recognizes that past measures undertaken to liberalize k¢ sectors in the economy need to be reinforced by measures that safeguard competitive conditions. The State also recognizes that the provision of equal opportunities to all promotes entrepreneurial spirit, encourages private investments, facilitates technology development and transfer, and enhances resource productivity, Unencumbered market competition also serves the interest of consumers by allowing them to exercise their right of choice over goods and services offered in the market, Pursuant to the constitutional goals for the national economy to attain a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged, and the constitutional mandate that the State shall regulate or prohibit monopolies when the public interest so requires and that no combinations in restraint of trade or unfair competition shall be allowed, the State shall: a. Enhance economic efficiency and promote free and fair competition in trade, industry and all commercial economic activities, as well as establish a National Competition Policy to be implemented by the Government of the Republic of the Philippines and all of its political agencies as a whole; b. Prevent economic concentration which will control the production, distribution, trade, or industry that wil 530 Scanned with CamScanner4. PHILIPPINE COMPETITION ACT = REPUBLIC ACT NO. 10667 SALIENT FEATURES unduly stifle competition, lessen, manipulate or constrict the discipline of free markets: and & Penalize all forms of anti-competitive agreements, abuse of dominant position and anti-com acquisitions, with the objective of welfare and advancing domestic an and economic development. petitive mergers and protecting consumer id international trade In other words, the law seeks to e fo promote market competition in trade, industry and commercial economic activities, and regulates practices that are anti-competitive or in restraint of trade, Competition promotes innovation and improvement in products and services. It also empowers the consumers to have the right of choice over goods and services. Monopoly often results in stagnation and complacency. Owners of goods and suppliers of services will not be too motivated to improve since they have a lock on the consumers who have no other choice but to accept the goods and services, regardless of quality. 2. What is the scope and application of the PCA? The PCA shall be enforceable against any person or entity engaged in any trade, industry, and commerce in the Republic of the Philippines. It shall likewise be applicable to international trade having direct, substantial, and reasonably foreseeable effects in trade, industry, or commerce in the Republic of the Philippines, including those that result from acts done outside the Republic of the Philippines. The PCA shall not apply to the combinations or activities of workers or employees nor to agreements, or arrangements with their employers when such combinations, activities, agreements, or arrangements are designed solely to facilitate collective bargaining in respect of conditions of employment. 3. What is the role of the Philippine Competition Commission ("Pec")? The PCC is an independent quasi-judicial body eel id implement the national competition policy, and enforce the sks ‘Section 2, PCA. Scanned with CamScanner532 DIVINA ON COMMERCIAL LAW: A COMPREHENSIVE GUIDE VOLUME IL which serves as the primary competition law in the Philippines g, promoting and protecting market competition. r The PCC institutes a regulatory environment for market competition to: a. Protect consumer welfare by giving consumers access to g wider choice over goods and services at lower prices; ang b. Promote competitive businesses and encourage market players to be more efficient and innovative. Competition also benefits small and medium businesses. Tn its capacity as a regulatory body, the PCC helps protect markets from anti-competitive behavior of firms, and works with other government agencies to promote a culture of competition. A level playing field improves the growth prospects of local firms, and could also result in a more active market participation of foreign players. In the process, competition expands economic opportunities in the country and improves overall welfare? 4. What is the composition of the PCC and qualification of its members? The PCC shall be composed of a Chairperson and four (4) Commissioners, with the following qualifications: Citizens and residents of the Philippines; b. Of good moral character; c. Recognized probity and independence; d. Active practice in the following fields for at least ten (10) years: i. Economics Law Finance iv. Commerce v. Engineering e. Must not have been a candidate for any elective national or local office in the immediately preceding elections, whether regular or special. *httpsiliphec.gov.ph/about-us/phce-mission/ Scanned with CamScanner4, PHILIPPINE COMPETITION ACT ” REPUBLIC ACT NO. 10667 SALIENT FEATURES ‘among the Chairperson and four (4) Commissioners, at least member shall be a member of the Philippine Bar with at n (10) years of experience in the act tive i te (a) shall be an economist,» Practice of law, and at one Jeast Jeast om What is the term of office of the members of the PCC? ‘The term of office of the Chairperson and the Commissioners ajallbe seven (7) Years without reappointment. what is the quorum and voting requirement for a valid act of the PCC? ‘Three (3) members of the PCC shalll constitute a quorum and the affirmative vote of three (3) members shall be necessary for the adoption of any rule, ruling, order, resolution, decision, or other acts ofthe PCC. 7, ThePCCisa quasi-judicial body that implements the, Provisions of the PCA. What are some of the powers of the PCC asa quasi- judicial body? a. It has original and primary jurisdiction over the enforcement and implementation of the provisions of the PCA (j.e., original and primary jurisdiction on all competition-related issues on trade, industry and all commercial economic activities). b. It may summarily punish for contempt by imprisonment not exceeding 80 days, or by a fine not exceeding P100,000.00, or both.’ c. It may issue subpoena duces tecum and subpoena ad testificandum.* d. It may conduct administrative proceedings and impose administrative fines.? a "Section 6, PCA. ‘Section 7, PCA. Section 10, PCA. “Sections 12 and 82, PCA. "Section 88, PCA, "Section 12), PCA. “Section 29, PCA. Scanned with CamScanner