An Evaluation of the Effectiveness of the

Philippine Electronic Commerce Law in Promoting

Online Transactions and Consumer Protection
POSSIBLE QUESTIONS

Overview of the Philippine Electronic Commerce Law

1) What are the key provisions of the law that aim to promote online
transactions and protect consumers?
The law provides for the legal recognition of electronic documents and
signatures, as well as electronic contracts and transactions. It also mandates the
establishment of a National Electronic Commerce Coordinating Council to
oversee the implementation of the law and requires government agencies to
accept electronic documents and signatures in their transactions with the public.
2) Has the law been effective in promoting the growth of electronic commerce
in the Philippines?
There is evidence to suggest that the law has helped to spur the growth of e-
commerce in the country. For example, a study by the Asian Development Bank
found that the number of Internet users in the Philippines increased from 2.4
million in 2000 to 67 million in 2016, with e-commerce transactions growing
significantly during that period.
Consumer protection in the Philippine Electronic Commerce Law

1) What are some of the challenges that the law has faced in promoting online
transactions and consumer protection?
One of the main challenges is the lack of awareness and understanding of the
law among both consumers and businesses. In addition, there have been
concerns about the security and privacy of electronic transactions, as well as the
reliability of electronic signatures.
2) How does the law address concern about the security and privacy of
electronic transactions?
The law mandates the use of secure electronic signatures and encryption
technologies to ensure the confidentiality and integrity of electronic
transactions. It also provides for the establishment of a certification authority to
issue digital certificates for electronic signatures.
3) What are some of the consumer protection provisions of the law?
The law requires that electronic contracts be made in a clear and understandable
manner, and that consumers be provided with information about the goods or
services being offered, as well as the terms and conditions of the transaction. It
also provides for the protection of personal data and the prevention of spam
messages.
4) How does the law protect consumers in the event of disputes or fraudulent
activities?
The law provides for the use of alternative dispute resolution mechanisms to
resolve disputes arising from electronic transactions. It also makes it a criminal
offense to engage in fraudulent or deceptive electronic transactions.
5) What are some of the criticisms of the law in terms of consumer
protection?
Some critics argue that the law does not go far enough in protecting consumers
from fraudulent activities, and that there is a need for stronger enforcement
mechanisms to deter such activities.
Legal aspects of electronic transactions in the Philippine
Electronic Commerce Law

1. How does the law address issues of jurisdiction in cross-border

electronic transactions?
The law provides that the rules on jurisdiction and applicable law for
electronic transactions shall be the same as those for traditional paper-
based transactions. It also allows for the recognition and enforcement of
foreign electronic signatures and contracts under certain conditions.
2. How does the law address concerns about the admissibility of
electronic evidence in court?
The law provides that electronic documents and signatures shall have the
same evidentiary value as their paper-based counterparts, provided that
they meet certain requirements for authenticity and reliability.
3. How does the law regulate electronic payments and financial
transactions?
The law provides for the establishment of a legal framework for
electronic payments and the use of electronic fund transfer systems. It
also regulates the operation of electronic payment systems and requires
the registration of payment system operators with the Bangko Sentral ng
Pilipinas.
4. What are the penalties for violating the Philippine Electronic
Commerce Law?
The Philippine Electronic Commerce Law imposes penalties such as
fines, imprisonment, or both for various offenses, including fraudulent
transactions, hacking, and unauthorized access. (Source:
https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792/)
 International comparison and challenges of Philippine
Electronic Commerce Law

How does the Philippine Electronic Commerce Law compare to similar laws
in other countries?
The Philippine Electronic Commerce Law is comparable to other e-
commerce laws in various countries, such as the United States' Uniform
Electronic Transactions Act (UETA) and the United Nations Commission on
International Trade Law's (UNCITRAL) Model Law on Electronic
Commerce. However, there may be differences in specific provisions and
implementation. (Source:
https://www.unescap.org/sites/default/files/4.%20Philippine%20E-
Commerce%20Act%20of%202000%20%28Republic%20Act%209737%29.
pdf)
What are some of the challenges faced by the Philippine government in
implementing and enforcing the Electronic Commerce Law?
Some of the challenges faced by the Philippine government in implementing
and enforcing the Electronic Commerce Law include inadequate resources
and infrastructure, lack of awareness and education among consumers and
businesses, and difficulty in keeping up with the rapid pace of technological
advancements. (Source:
https://www.unescap.org/sites/default/files/4.%20Philippine%20E-
Commerce%20Act%20of%202000%20%28Republic%20Act%209737%29.
pdf)
 Other Questions:
1. How has the COVID-19 pandemic affected e-commerce in the
Philippines?
The COVID-19 pandemic has led to a significant increase in e-commerce
activity in the Philippines as more people have turned to online shopping
and transactions to avoid physical contact and observe social distancing
measures. (Source: https://asia.nikkei.com/Spotlight/Coronavirus/Philippine-
e-commerce-firms-see-growth-potential-in-pandemic)
2. What are some of the emerging trends in e-commerce in the
Philippines?
Some of the emerging trends in e-commerce in the Philippines include the
rise of mobile commerce, the adoption of new technologies such as artificial
intelligence and blockchain, and the growing importance of social media in
online marketing and sales. (Source: https://www.techinasia.com/philippine-
ecommerce-report-2019)
3. How can businesses in the Philippines take advantage of e-commerce to
expand their reach and grow their sales?
Businesses in the Philippines can take advantage of e-commerce by
developing a strong online presence, offering a seamless customer
experience, and leveraging social media and other digital marketing tools to
promote their products and services. (Source:
https://www.malaya.com.ph/business-news/business/businesses-urged-
adapt-e-commerce)
4. How does the Philippine Electronic Commerce Law protect consumers
from fraud and other illegal activities in e-commerce?
The Philippine Electronic Commerce Law provides various measures to
protect consumers from fraud and other illegal activities in e-commerce,
such as requiring electronic signatures for online contracts, setting standards
for electronic data interchange, and penalizing fraudulent activities. (Source:
https://www.unescap.org/sites/default/files/4.%20Philippine%20E-
Commerce%20Act%20of%202000%20%28Republic%20Act%209737%29.
pdf)