Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

E-commerce (electronic commerce) is the buying and selling of goods and services, or the

transmitting of funds or data, over an electronic network, primarily the internet. These
business transactions occur either as business-to-business (B2B), business-to-consumer
(B2C), consumer-to-consumer or consumer-to-business.
The Benefits of e-commerce include its around-the-clock availability, the speed of access,
the wide availability of goods and services for the consumer, easy accessibility and
international reach

OBJECTIVE
RA 8792 Section 4. Objective of the Act. - The Act aims to facilitate domestic and international
dealings, transactions, arrangements, agreements, contracts and exchanges and storage of
information through the utilization of electronic, optical and similar medium, mode,
instrumentality and technology to recognize the authenticity and reliability of electronic
documents related to such activities and to promote the universal use of electronic transactions in
the government and by the general public.

SALIENT FEATURE

2. Allows the formation of contracts in electronic form. (Section 16)

Section 16. Formation and Validity of Electronic Contracts. Except as otherwise agreed by the
parties, an offer, the acceptance of an offer and such other elements required under existing laws
for the formation and perfection of contracts may be expressed in, demonstrated and proved by
means of electronic data message or electronic documents and no contract shall be denied
validity or enforceability on the sole ground that it is in the form of an electronic data
message or electronic document, or that any or all of the elements required under existing
laws for the formation of the contracts is expressed, demonstrated and proved by means of
electronic documents.

The law made it clear that a contract cannot be denied as long as the elements of a contract
are present such as consent, object, and cause.

3. Makes banking transactions done through ATM switching networks absolute once
consummated. (section 16)/ completed

Section 22. Consummation of Electronic Transactions with Banks. - Electronic transactions


made through networking among banks, or linkages thereof with other entities or networks, and
vice versa, shall be deemed consummated/perfected under rules and regulations issued by the
Bangko Sentral under the succeeding paragraph hereunder, upon the actual dispensing of cash
or the debit of one account and the corresponding credit to another, whether such
transaction is initiated by the depositor or by an authorized collecting party; Provided, that the
obligation of one bank, entity, or person similarly situated to another arising therefrom shall be
considered absolute and shall not be subjected to the process of preference of credits;

Provided, however, that the foregoing shall apply only to transactions utilizing the
Automated Teller Machine switching network. Without prejudice to the foregoing, all
electronic transactions involving banks, quasi-banks, trust entities, and other institutions which
under special laws are subject to the supervision of the Bangko Sentral ng Pilipinas shall be
covered by the rules and regulations issued by the same pursuant to its authority under Section
59 of Republic Act No. 8791 (The General Banking Act), Republic Act No. 7653 (the Charter of
the Bangko Sentral ng Pilipinas) and Section 20, Article XII of the Constitution.

Simply this law makes any of the transactions utilizing the Automated Teller Machine switching
network such as payment, withdrawals are absolute no need for other papers or processes given
that the dispense of money was made by the depositor or authorized party to collect.
utilizing the Automated Teller Machine switching network , ay dapat ituring na ganap sa aktwal
pagbibigay ng cash o debit ng isang account at ang kaukulang kredito sa isa pa, kung ang
naturang transaksyon ay pinasimulan ng depositor o ng isang awtorisadong partido sa
pagkolekta:
Sa kondisyon, na ang obligasyon ng isang bangko, entity, o tao ay may katulad na posisyon sa
isa pa na nagmumula doon ay dapat ituring na ganap at hindi dapat isailalim sa proseso ng
kagustuhan ng mga kredito.
3. According to the provision of E-commerce Act, Electronic Data Message refers to information
generated, sent, received or stored by electronic, optical or similar means, while Electronic
Document is the information or the representation of information, data, figures, symbols or other
modes of written expression, described or however represented, by which a right is established or
an obligation extinguished, or by which a fact may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced electronically. Electronic
Signature on the other hand is any distinctive mark, characteristic and/or sound in electronic
form, representing the identity of a person and attached to or logically associated with the
electronic data message or electronic document or any methodology or procedures employed or
adopted by a person and executed or adopted by such person with the intention of authenticating
or approving an electronic data message or electronic document.

1. REPUBLIC ACT No. 11449, Access Devices Regulation Act of 1998. Sec. 9. Prohibited Acts.
— The following acts shall constitute access device fraud and are hereby declared to be
unlawful: (t) hacking refers to the unauthorized access into or interference in a computer
system/server, or information and communication system, or any access in order to corrupt, alter,
steal, or destroy using a computer or other similar information and communication devices
without the knowledge and consent of the owner of the computer or information and
communication system, including the introduction of computer viruses and the like resulting in
the corruption, destruction, alteration, theft, or loss of electronic data messages or electronic
documents.

2. REPUBLIC ACT NO. 10175, Cybercrime Prevention Act of 2012. Section 4. Cybercrime
Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.(2)
Illegal Interception. – The interception made by technical means without right of any non-public
transmission of computer data to, from, or within a computer system including electromagnetic
emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message, without right,
including the introduction or transmission of viruses.(4) System Interference. — The intentional
alteration or reckless hindering or interference with the functioning of a computer or computer
network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing
computer data or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.

3. Republic Act 10173 – Data Privacy Act of 2012. SEC. 20. Security of Personal Information. –
(a) The personal information controller must implement reasonable and appropriate
organizational, physical and technical measures intended for the protection of personal
information against any accidental or unlawful destruction, alteration and disclosure, as well as
against any other unlawful processing.

You might also like