cs rs me, | at Chapter 12 E-COMMERCE ACT e&> REPUBLIC ACT NO. $792 «sani ACTPROVIDING FOR THE RECOGNITION AND USE OF LECTRONIC COMMERCIAL AND NON-COMMERCIAL ,NSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL m ‘USE THEREOF, AND OTHER PURPOSES" jfRODUCTION ype The E-Commerce Act (Act) aims tin faslitate_domestic_and_international dealings, transactions, amangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar ‘dium, mode, instrumentality and technology, ACT 2 ‘orecognize the authenticity and reliability of electronic data messages srelecronic documents related to such activities and 3 b promote the universal use of elect saci ‘remment and by the general public. {her of Application: The Act shall apply to any kind of electronic ent used in the context of commercial and non-commercial activities ‘kindle domestic and international dealings, transactions, arrangements, ‘sssvens contracts and exchanges andl storage of information, Nation of Te ms: For the purposes ofthe Act, the following terms are Seed, as follox iia: w vga ‘fers to any device or apparatus singly or interconnected oe ys etonic, electro-mechanica, optical and/or magneticimpulee, ot 'SRs with the same function, can receive, record, transmit, store, 545 36mg | gat pros cols aa, projets reve, ar pau | Hue any ent then on shal fe nat adden Sim et pis gue, Tle, eo mb er ling |, OME py urn spec outna ee eeprom pevform anyone more thes fanctiong, may] ne elec dOCUMER In Actas withthe specie ut 1] ery or the purpose of erormingthesernes “tnformation and Communications. System™ refers jg 1» Meese 8 apa gener sdng csing storing. oF thee pg My | gs documents and inhies the computer system o others inch data ecard and any prea oy recording o storage of electronic document. : svi signature’ refers to any distinctive mark, characteristic andlor telecon frm, representing the identity of» person and atached ally associated with the electronic data message or eletenic oat heron any methodology oF procedures employed or adopted by a sear executed of adopted by such person with the inention of sereatng OF approving an electronic data message or electronic pose “Originator refers to person by whom, oF on Whose Behl. document purports to have been created, generated sndigs does not inchde a person ating as an intermediary win ete electronic document. "pet “Adresse” festa person who is intended by th rg th econ data mesnge or etre document bu ene Peron atngs artterrelary with respect otha ce tronic data ma or electronic data document. bend toni Key” refers fo a sere code which secures and defends sensitive domalon that rossover public channels int form decpherable only tieematching electronic key. ltermediary” refers to person who on Behalf of another pesen mia respect to a particular electronic document sends, receives andi provides other services in respect of that electronic date nesap | electronic document. ‘uectonie document” refers to information or the representation of siceation, data, figures, symbols or other modes of written expression, seabed or however represented, by which a right is established, or an ‘iption extinguished, or by which a fact may be prove and affirmed, Mick is receive, recorded, transmitted, stored, processed, retrieved or ced electronically. “Service provider refers toa provider of 1 Online services or network accessor the operator of faites Se including entities offering the transmission, routing, or pov connection for online communications, digital or these ete among point spciied by a user, of electronic document fe choosing oF 2 The necessary technical means by which electron dune ® cvigiator may be stored and made accesible to éeigatl* undesignated third party. UGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS. SSSAGES AND ELECTRONIC DOCUMENTS EL Eegntion of Electronic Data Messages: Information shall nat be salty or enforceability solely onthe ground tat itis in the form {stoic data message purporting to give ist such egal elect, o that ‘sy incorporated by reference in that electronic data message ‘Such service providers shall Have no authority to: 4. modify or alter the content of the electronic documest precio 347 548EG, LEGAL RECOGNITION OF FLECTRONICDocuMtsts iene Fletroniedocuentsalhav the legal effet liye ng ite ceconi dna a 2% ea by te any other document or legal writing, ancl rea, | pts existed under which- a. Where the lave requires document to be inswriting thy t| met by an electronic document if the sai electronic ge, IP antains its integrity and reliability ana cath {kan Be authenticated 3095 to be usable for sub that: =e ey 1) The cetronic document has remained com change, of any change which arses inthe none communication, storage and display; and < ‘Theclectronie documents reliable nthe igh of he which twas generated and in the light og ge? Sieumstances Now 8 Paragraph applies whether the requirement thecn sn ef, an obligation or whether the law simply provides consequanarnt document not being presented or retained in its original rom. Where the Ta equtes thet «docsment be presented or wea xiginal form, that requirements mel by a electronic decemere i there exits a reliable assurance a8 tothe ints of doce from the te when it was Sst generated in it fal orm an 41 That documents eapable of being displayed tthe pes nthe its to be presented: Provided, That no provision he ha apply tovary any and all requirements of exiting lawson mie requited in the execution of document fo heir ality. e For evidentiary purposes, an electronic document shall be the fase! equivalent of a written document under existing laws The Act does not modify any statutory any statutory re at admissibility of electronic data massages or electronic document the rules eating to authentication and bes evidence. Legal Recognition of Electro mic Signatures: An electronic sigs electronic document shall be equivalent tothe signature of 359°! WRITTEN DOCUMENT if: a thesignature san electronic signature and 9 4. Sjetronic document was fenerated or commie ne iyo used 10 deny the pony ape oe bet A mete oid party's acces the latonc Secret sedtonsent oF approval through theeletroncsignanse ‘gmat is liable and appropriate forte ppc for whieh ted, inthe light tr drcumstances,incuding ary relevant agremens . srisnecessary forthe arty sought tobe bound, inorder to proceed farther with the transaction to have executed or provided the ‘Garon signature; and iy Te other party i authorized and enable to verity the electronic signature and to make the decision to proceed with the wansaction Juthentcated by the same, yypTioN RELATING 70 ELECTRONIC SIGNATURES vay proceedings involving an electrone signature it shall be presumed Pye Sectronic signature is the signature of the person to whom it conlates: and 4 Te electroni signature was affixed by that person withthe intention oisigning or approving the electronic document unless the person relying on the clectronically designed electronic document knows or has natice of defects in or unreliability ofthe signature or 1 reliance on the electronic signature is not reasonable under the itcumstances, Suciat Documents 1 Wher the law requires information tobe presented or retained in its ORIGINAL FORM, that requirement is met 'essageor electronic document if yy an electronic data the Integrity of the information from the time when it was first Benerte in its final form, as an electronic document i shown by {vidence aliunde or otherwise; and ‘where otherwise itis required that information be presented, that the information is capable of being displayed to the person to whom it istobe presented, 550Ean, sagaph apts whether te requiem therin i Fae chic thea simply Provides ene eh msionnrag prc dn pa Fact purpose of sbparagraph (of pargraph () 1 emed complet ad tale, spa a SN, any endorsement and any change which arses in the nag we Stimmeno, storage ond cplays ond |” "ge thestandard fab requ shal be astesedg pon rich he information was genet san hy ithe relevant circumstances me AUTHENTICATION _OF ELECTRONIC AM ELECTRON ENTS: “ASE Until the Supreme Court by appropriate rules shall have ap clectonie documents, electronic data messages and clvten Shall be authenticated by demonstrating, substa claimed identity of a user, device, or another entity communication system, among other ways, as follows, 4 The eleczone signatures shall be authenticated by prot tt ing character, number or other symbol in electronic form repreentan persons named in and attached to or logically assoste! wake electronic data message, electronic document, or thatthe appoget methodology or security procedures, when applicable, were ay! ‘or adopted by such person, with the intention of authentitag approving in an electronic data message o electronic document The clectronic data message or electronic document shil authenticated by proof that an appropriate security procedure wit applicable was adopted and employed for the purpose of i: verifying the originator ofan electronic data message or dst document, ot detecting error or alteration in the communication, cnt storage of an electronic document or electronic data mesa! specitie point, which, using algorithms or codes, identifying oF numbers, encryptions, answers back or acknowl rocedures, or similar security devices. nea mh oe Tht The Supreme Court may adopt such other authentication PO including the use of electronic notarization systems as nec? 551 peor evs wR gswel asthe cette of auhenationon pa _ysttetsNedacuments or elecroniedata mesg ese and le duly recs a ap - ities oti ne eeeoae ee Proof: The per 8 luce an electronic data message seta cuter in any legal proceding hs hebandecct ores Pasty endence capable of poring finding den reese ia incre doctent What epee ae bec of the Information and Communication System: a the absence of a be rar the integrity ofthe information and communication ie which an electronic data message or electronic document to ‘ret ufor stored may be established in any eg proceeding — ‘evidence that 2» Pall material times the information and communication system or caer similar device was operating in a manner that didnot affect, the integrity ofthe electronic data message or electronic document, and there ate no other reasonable grounds to doubt the integrity ofthe information and communication system, 5 showing thatthe electronic data message or electronic document was recorded or stored by a party to the proceedings who is adverse in interest tothe party using it; or By showing thatthe electronic data message or electronic document was "worded or stored in the usual and ordinary course of business by a Feson whois not a party tothe proceedings and who did not act under ‘be contol of the party using the record, ADMISSIBILITY AND EVIDENTIAL WEIGHT OF ELECTRONIC DATA LLECTRONIC DocuMENT ‘yg roredings, nating nthe apltion of he ues onedence deny the admiablty ofan electron data message o lecnie nl inerdence One ste ground ha ted or hard copies ectronie notaries, ined certification {in electronic form; or cage 8tOund that it is not in the standard written form, and the aon data message or electronic document meeting, and complying "WY the requirements under Legal Recognition of Electronic Data 52"ny, shal ‘ erate, nic Documents mentioned above, Messages and Electronic Doct aiidere ofthe agreement and transaction contained Inassessing the evidential weight f an electronic data meses ‘document, the fllowing shall be given due regard: oy the rity of the manner in Whi HC Wa8 generate communicated, on heeft mania wich rao dag, © ter rtevant factor lg Retention of Electronic Date Message or Eetong Natithonding any provson fa rl regulation os eee te manent any provton of nw tt ee ee rtsined inthe orginal fom os ich tf Sentoring ely reser Bene sete i. Remains acessible 502s tobe usable for subseque, 4i, Is retained in the format in which it was generated, ‘rina format which ean be demonstrated to accura clectronic data message or electronic document received; i. Enables the identification ofits originator: the determination ofthe date and the time it was sentor earn 'b. The requirement referred to in paragraph (a) is salistied by aye services of a third party, provided that the conditions at long subparagraphs (1), 2) and (3) of paragraph (a) are met, and addressee, aby Proof by Affidavit: The matters referred on admissibility and os integrity, may be presumed to have been establshal lye affidavit given tothe best ofthe deponent’s knowledge subject tole of partis in interest as defined in the cross-examination provided elev ross - Examination: 1. Adsponent ofan alfidavit refered to above that hasbeen evidence may be crossexamined as_of right by a pst’ ® Droceedings who is adverse in interest to the party who has it ‘efit or has caused the afdaittobeintoduceds y % Any paty tothe proceedings has the right to eross exami» rho is not party to the proceedings and who did no 3c ‘control of the party using the record proving thatthe ele®® 553 ort (gags icon dOCUMEDI WA crdeortoredin the usual and Soyo um ECTRONIC DATA Messacts on iow of Validity of Electronic Contract: ws fps otherwise agreed by the parties, ) an offer, 2) the acceptance 1 Bet eeand G) such other elements required under ening es oy Sotormati may be expressed in, demonstrated and proved rans of electronic data messages or electronic documents and ro esl be denied validity or enforceability on the soe recur ee oan frm ofan electronic data message or clectenc deument oe ‘ary or all of the clements required under existing ln fo the ‘inaton of contacts expressed, demonstrated and proved by nears ‘Theeronc data messages or electronic document Sewonic transactions made though networking among banks, or nage thereof with ther entities onetwors, and vice vera 1 sal be deemed consummated upon the actual dispensing of cash erthe debit of one account andthe corresponding ered to another, wether such transaction js intated by the depositor or bya tutored collecting prt. ‘The obligation of one bank, entity, or person similarly situated to nother arising therefrom shall considered absolute and shall not be subjected to the process of preference of credits. opin by Parties of Electronic Data Mesag 7 Fectoncdacment: he orgintarand te addressee oan tole das meses ‘earic documen a decnain of wil or eher sateen chal no be etic val reabliycly onthe ground tat tit "om ofan electronic data message rector donumet Sedation of lectroic Data Message: "Be econic Data Mestage or Haconi Document is that of the ett : ‘twas sent bythe originator hime * As betveen the originator and the addressee, an electronic data att28e or electronic documentis deemed tobe that ofthe originator iit was sent 554"ong who had the authority to act a a wothatelectroniedata menses Crigiator wih respect data message document; oF bya e Programmed by, yo ernest bag 2 ase eng a i 9 rg wr aletonic data message or electronic docums raat spar and aston that assumption it "tags sie oner to ascertain whether the electronic dat dletronic document was that of the originate, Ss properly applied 4 procedure previously agreed yt Originator for that purpose; or ms b theelectonicdata message o electronic documenta rey ‘are rented fom the actions ofa pemon nies with the originator or with any agent of the originator seen? electronic data message or electronic documents ashveee The above doss not apply: 4. asofthe tine when the addressee as both received note fens ‘originator that the electronic data message or electronic osm, not that of the originator, and has reasonable tine accordingly; or fi. ina case within paragraph (2) sub-paragraph (a nye the addressee knew or should have known, had it oxi reasonable are of used any agreed procedure, thatthe elena ‘message or electronic document was not that ofthe oigiut {i That the transmission resulted in any error in the eco dt ‘message or electronic document as received. The addressee is entitled to regard each electronic data meats clectronie document received as a separate electronic data mest ‘lectronic document and to act on that assumption Except et ‘To the extent that it duplicates another electronic dats ™ electronic document and os b. The addressee knew or should have known, had i & reasonable care or used any agreed procedure, thatthe © data message or electronic document was a duplicate. 555 on she een i! ch the eignator intended to send ano ston tat so » ja messane . jnformati LN 1 Data Message or Electronic Document: _etctro tment: The addressee is zo Beettaed the electronic data message or electronic docenent the addressee knew or should have known, had the * feised reasonable care or used the appropriate procedure — transmission resulted in any error therein or in the electronic the b 1 electronic document enters the designated information spit Chronic data message or electronic document is sent to an jon system which is not so designated by the addressee for the spose sement_of Receipt of Electronic Data Message or Electronic ponent arn tule: No acknowledgment of receipt is necessary snes 1 Bie parties agree to it 1 Originator quested in the EDM/ED is ofacknoledgement when required 1 Ageement as to particular method ~ to be followed 2 Noagreement as to particular method: 4 Any communication by the addressee 1. Any conduct ofthe addressee suficient to indicate the receipt to the criginator ‘nies when the originator con regard non-receipt since there was no {aiedgment: the originat iginator stated the effect or significance of sSsewledgment or the ED is CONDITIONAL upon receipt Nestlementastoeffet/sigifiance originator gave note tating that pantotledgement has been received and specifying a reasonable time ich acknowledgement is to be received, and no acknowledgement ‘ceived within such reasonable time. 556Com, Fe aiema Secoen Dae Meeps 6a neo Disa of te Mente oF tr Genet fates dpa of om let ala mesg “Dn, se uco anintceaon ora ‘sqitigun ant pon wo sone oe sn ont ah gto Except: when otherwise agreed upon. Time of Resipt of Hectronie Data Messages or Electron Unies otherwise agreed between the originator and the ma fxn ofan cectronic data message o electronic dacamene 4 ry in the designated info designated an formation sytem forthe purpose roy data messages or electronic documents "Seen, . eval the adresse i Thereisa designated information sytem, bu bw addressee are both paripant in srstems i The electronic mess Infomation system of information stems « y infonnation system of id not designate an information sytem ia We oF electronic document een g the address that is not the deus The pig ‘These rules apply notwithstanding that the place where the inaia system is located may be different from the place where the deceit ‘message or electronic document is deemed to be received. Place of Dispatch and Receipt of Electronic Data Messages or Het Documents: Unless otherwise agreed between the orgies! © addressee an electronic data message ot electronic document is deat” be: 1. ispatched at the place where the originator has it ple fe and 2. received at the place where the addressee has its place of busines ts abet Ts rae shall apply even ifthe rginator or adresse had ws) oer portable device to transmit or received hs electronic 8 ™ 357 preview sc document TRE TU shal ss poy to determine he toe sas otto “ sate Tem ginator oF adresse has more than one place of business is whos thease slatonship othe ondetyng arson ot Wipre iso underiying transaction the puinipsinin ne ne na gator oF the adresse dacs nt have Sto oe ee, Trim ce ito be made to its habitual residences or cot oual place of esi dence” in cation toa body corporate meanethe «Me where its incorporated or thers legal conta of Seeity Methods: Subject to appicabe laws and for rules and Le eye Dak a ak arses toany electronic transaction salle fe ‘ pgummne the type of level of electronic data message or electronic * ewment security needed, and » Togsleandus orimplement appropriate technological methods that sattheir need. i ELECTRONIC COMMERCE IN CARRIAGE OF Goons ‘Wo Relate to Contracts of Carlage of Goods applies any salon roto wth, on pursuance of, contrat of cariage af goods including ‘nctiite to * rising the mark, number, quantity or weigh of goods ‘at or declaring the ntute or vale of goo Gisung a receipt for goods; {cofrming tha goods have been loaded {eating a person of terms and conditions ofthe contac: (9 ving instructions toa carrer {ching detivery of goods, ‘euthorizng release of goods UEP notice of los of or damage to goods EBARY ther notice or statement in connection with the performance eran ‘cain da ' to deliver goods toa named person or a person authorized livery; 558Conn Mey, renouncing, surrendering, 4, 7 a granting, acquiring in good negotiating rights in transferring rights and obligations under . 15 acquiring or transferring rg 8 Me he cag rma Docu santo here requires that ny action refered a conte, goods be cid ut in writing oF By using a paper gpg Fequroment is mt f the action is cared out by tag MON tectonic data mesages or electronic documents, SE ert Te aboe apples whe the resumen heen ney bition or whether the lw simpy provides consequat cierto cary out the ation in wring oto use a pape ees 2. li(@asghtis tobe pated 6,7) an obligation hese cos pero rn eon ad ifthe a requires ees th the gt or elgtion must be conveyed to tar tnd oso pape dowment hat onenny eaes or obligation is conveyed by using one or more electronic dan ct orckectonidocumets: Prt hat areale methodist such electronic data mesages or electronic documents ga, For the purposes of above, the standard of reliability eguied sat assessed in the ight ofthe purpose for which the right orsguasns ‘conveyed and inthe light of ll he cicumstancesincludingat ree agreement. 3. Where one or more electronic data messages or electron docunesie used to effect any action in subparagraph (?) and (g) ofthe abot Related to Contracts of Carriage of Goods), no paper docu eet effect any such action is valid unless the use of electronic data et or electronic document has been terminated and replaced by the seid Paper documents. A paper document issued in these sixomsss shall contain a statement of such termination. The replacement electronic data messages or electronic documents by paper docs shall not affect the rights or obligation of the partis involved. 4 Ifa mule of lw is compulsorily applicable toa contact of a= 00% which isin, or is evidenced by a paper dacument ti 2 at be inapplicable to such a contract of carriage of ems ‘evidenced by one or more electronic data messages oF ay documents by reason ofthe fact that the contract is evident 559 ee aie ret onic dla MESSAGE OF eecronic documents insted of by a paper “en ONIC TRANSACTIONS IN GovERNMENT cai Use of Eleclronic Data Messages, Electronic Documents and a signature: Notwithstanding any lw tothe entasy tng ts si the date ofthe effectivity ofthe Ac all departmente bereses, agencies of the government, as well as all goverment ovmed acl rao tht pursant ww rele sn hinge ra emoer rete egntcon ops Md oad maseet ct payment orate egret sal cpa cnaen inngecimeleastant erscuwie boon * Getronic data messages or electronic documents; Spablteenla trannies ae i Forest document Sa mianemennaiie neice roca icaghtpiene wing cecercdsh ome ese = t, tnsttiatjreceet ipa lieutenants ap shinehs hie smo @ seains Attiocaeens ete pene shied to adap and prong ae spo rie ting and wih dae pubes in Seopapre of eee Graton thr appropiate dey reunion e udcinos taco thers, specify — 1 he manner and format in which such een data mesageso store document calle fe, rene rend or anes 2 whet ard when such elecni at mengen or tone dicomenishave signe, he use aneonigatre te pe Stern sgntre egies the fomat ofan lcront data esag or eacronic document anid the manne the sleone signature sl baled ot cet Aas meget ocuent {he control processes and procedures appropriate toensure adequate integrity, security and confidentiality of electronic data messages or ‘lectronic ‘documents or records of payments; 560EConing ied to electronic data messagy sion of a service provider as such under a licensing or other regime established under written law, i gst gion imposed under any writen law; ‘yeni of any party othe exert tat such abit forms the or attributes requit org. * SS cmenteand * scum cof the dOcaent and paper, 5 men orem Pvt Ta My i aay epee ofthe govern, eA, a a aon oop nay acme agh Stctrnc data mesngeso electron docimet iene pronation an pbleton teapot ys guidelines. OBLIGATIONS UNDER THE E-COMMERcE. Act sre ot lief issued by a court under any aw requiring that je provider take or refrain from action necessary to remove, ec ny 2 erfaeny acess t0 any material orto preserveevidence of violation a tse Nc ce tx ctr ete fn i scoala can tea age cfd Me use of plaintext, electronic signature ov ile o solely forthe vorized PUTPOSES: ‘The electronic key for identity or integrity shall not be ije available to any person or party without the consent of the individual a Pe Extent of Liability ofa Service Provider: GENERAL RULE: No person or party shall be subjecttoanyevio Tablity in respect ofthe electronic data message or electronic nea eich the parton or party cing aS a service Provider, meni reed access if such lability is founded on, Te elnatiael ergo emma e we | secre Act, any person who obtained access to any electronic key, ficrnie data message or electronic document, book, register, Sroponéence, information, or other material pursuant to any powers tered under the Act, shall nt convey toorshare the same withany other pom. INCLUDING: The making, publication, dissemination or distin y such material or any statement made in stich material, including pt inftingement of any right subsisting in or in elation to ai ‘material. Provided, That: 1. Taeservice provider does not have actual knowledge, ors otawand the facts or circumstances from which itis apparent, that the my publication, dissemination or distribution of each material isunlave infringes any rights subsisting in or in relation to such materia 2. The service provider does not knowingly receive a financial tao Uhl Acts and Penalties: The following acts, shall be penalized by fine ‘ir imprisonment, as follows: tara Description Penalty directly attributable tothe unlawful orinfingingactviyiaml | | a. Fine | Imprisonment 3. Theservce provider doesnot directly commit any inringent "| Thang Gnauthorized_access into or [Min] 6 months to 3 unlawful act and does not cause another person or patytooee | x” | ineeference. in a computer | P100.000 | years Jovsting_ | systemy/server or information ‘and communication system; or | Mac = any access in order to corrupt, | damage alter, steal, or destroy using a | incurred infringement or other unlawful act and/or does not benefit fi fom the infringing activity or unlawful at or another person EXCEPTIONS: ico 1 The obligations and liabilities of the parties under the esse computer or other similar ‘message or electronic document information and communication devices, 2. Any obligation founded on contract; Lwithout the knowledge and 561 saaalawfal ‘Description Act Tonsent of the owner of the Computer or information and Communications system, feuding the introduction of computer viruses and the like, fesuting in the corruption, Gestruction, alteration, theft or toss of electronic data messages lectronic documents, Pinaey the unauthorized copying, reproduction, dissemination, fF distribution, importation, ‘use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, ‘making available tothe public, or broadcasting of protected material, electronic signature for copyrighted works including legally protected, sound recording or phonograms or information ‘material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights Min 100.000 Max = damage incurred Description poate Imprisonment Fine Gaia messages or electronic documents violations of the provisions of the E-Commerce Act Max 1,000,000 ‘Max~ 6 years interpretation: Unless otherwise expressly provided for, the am ofthe E-Commerce Act shall give du regard t . P4000,000, Robin is entitled to regard each electronic document "ecived as separate electronic document. © 73000,000, Duplicates of electronic documents are only given one Yalfofits intended eectivity 568ECan sr evionet * yEs TO MULTIPLE CHOICE Questions me 4d. No liability. The apparent duplication of the o ectrone invalidates all that has been received. do, 18, theaddresse and the originator are both porticipans in information sen tenet eeaptof decree ete | & 2 Upon nt inthe designated formation same pee | | Upmmsending bythe ergnator S © Upmmacnowedgment feet by the addressee Me 4 Upmsctivaly the addressee “ A 14, Andon contact os ofservces wa ented oy us tno Patikina resident Morkna with prin ee In Quezon City wile Bob sa resident of Pag with eb | business in Mandaluyong, While Patrick was on vacaee tf | § Bob sent a contract of sale to Patrick. Patric, through he sce | sme opened the document at Cebu iy. Whee oe EP sale received? eoreg 2 Nerina 8. Quezon city © Pasig & Cabucuy 15. Statement 1: Where the law requires that any action referred oemins ‘of carriage of goods be catried out in writing or by using spy document, that requirement is met if the action is caved oat byw, ‘one or more electronic data messages or electronic documents. Statement 2: Parties to any electronic transaction shall be ine determine the type of level of electronic data message ot elem document security needed, Only Statement 1 is true. . Only Statement 2is true © Both statements are true. 4. Both statements are not true. 569 370D, 10 Mig [SE DATA PRIVAGY ACT sm ares ye Chapter 13 DATA PRIvAcy AcT C&S periNITION OF TERMS all refer to the Nat ynal Privacy Commission created by virtue o ibis Act sent of the data subject refers to any freely given, specific, informed Shoton of will, whereby the data subject agrees to the collection and ‘sing of personal information about and/or relating to him or her. Ere shall be evidenced by written electronic or recorded means. It may. ‘anbegiven on behalf of the data subject by an agent specifically authorized Iytedata subject to do so. Dt subject refers toan individual whose personal information is processed. Dict marketing refers to communication by whatever means of any shetising or marketing material which is directed to particular individuals. ‘ig system refers to any act of information relating to natural o juridical Fons to the extent tha, although the information is not processed by ‘tifent operating automatically in response to instructions given for that ite the set is structured, either by reference to individuals or by net {© cileria relating to individuals in such a way that specific on relating toa particular person is readily accessible y =e and Communications System refers to a system for generating, craee ceiving, storing o otherwise processing electronic data messages, cet documents and includes the computer system or other similar " O which data is recorded, transmitted o stored and any procedure 57Pau sr eviewe" lat tothe coding trnamison or lorage of cco gf wt message or eletronic document a Personal infomation contre fers & P50 oF ogy sonia te cllecion holding, processing oF use of pers an including @ person or organization who. inst — ‘organization to collect, hold, process, use, transfer . information on his or her behalf. The term excludes: “se 1. A person or organization who performs such function ay ost, 7 ingle mao a 1 He atural and juridical person involved in peconal infomation 1 Teaming including those personal inmates meee sexs who although not found or estabiched ina Philippines, use sre tat ae located inthe Philipp nes, oF those who maintain an carrench oF agency inthe Philippines ra another person or organization; and = jet to the immediately ing ara 2. An individual who collects, holds, processes og ea {information in connection with the individual's persgest? Poe apply to: Nowhere mn | shout any nds wt or wan fer orempayee + Sagaverament institution thet relates tothe postion orfuncton tenes Fenonal information proceso refers to soy natal or jt, | Miki nding ceaheller map oatonate acy this Act to whom a petonalinggett | The act that the Individual sor was an offeror employee of he Contller may outsource the procesing af person dae erent insttion, sujet Sale} he tle, busines address and ofce telephone number of the individual; [HLUSTRATION® the Taman Resource Department Teale Gp }epartment, headed BB] Executive Vice President for HR, is tasked to collect infrmsta applicants who may eventually be hired and oin the company sug to the directives of the Board of Directors. in this case, the EVP fen the Personal Information Processor because he/she prowess {information only through the directives of the Boatd of Diretors tlie being the Personal Information Controller, ‘The classification, salary range and responsibiliies of the postion bold by the individual; and ‘The name of the individual on a document prepared by the individual inthe course of employment with the government: !nlormation about an individual whois or was performing service under ‘ontract for a government institution that relates to the services Fesformed, including the terms of the contact, and the nanve of the ‘advidual given in the course ofthe performance of those services 5 Isormation relating to any discretionary benefit of a financial nature ‘schas the granting ofa license or permit givenby the government toan ‘ntvidual, including the name ofthe individual and the exact nature of ‘hebenefit; ILLUSTRATION: a passenger of a bus took a picture of the condi ‘Which she found to be cute, Can the passenger be considered pes {information controller? ANSWER: No, Because the processing of personal information (heii which Bears the face and can Be used to Hen the data {oe personal afin ‘esonal information processed for jouralistc, artist, Wterary or ‘search purposes; ao mation necessary in order to carry out the functions of public thority vehich includes the processing of personal data for the Feiatmance by the independent, ental monetary authority and lave ement and regulatory agencies of thelr constitutionally. and “Story mandated functions. omProtection Afforded to Journalists and Their Sources: No am repeal of Republic Act No. 53, which affords the publishers, ei accredited reporters of any newspaper, magazine or circulation protection from being compelled to reve ‘ews report or information appearing in said publication which wis dal inany confidence to such publisher, editor, or reporter. Extraterritorial Application: The Data Privacy Act applies t practice engaged in and outside ofthe Philippines by an entity it 1 2 b._ Republic Act No. 6426, otherwise known as the Foreign cy e Republic Act No. 9510, ot 6. Information necessary for banks and other financial Dap, wiewer Pi, e [Noamendments or repeal tothe following laws: ve 2 Republic Act No. 1405, otherwise known as the Secrecy of, a a A ie “etity carries on business inthe Philipines; and 1 Ta formation mas led rita nity in he 1 ptippines en and = Act therwise known as the Cred, = HeN! |ATIONAL PRIVACY COMMISSION system Act (CISA); seit as created to administer and implement the provisions of the eat and to monitor and ensure compliance ofthe county with amee_ compliance of personal, information controllers with the thejursditon ofthe independent central monetary Sentral ng Pipinasto comply with he CISA and Repu 7 asamende,ehervie known a the Ant Money eA Ne other applicable: and eh Fersnal information originally ected frome siden Sons o this Act ins a ng] psn Sntitle investigation, fete or che incloing any applicable data privacy Iws, whichis tee Sement of complaint through the use of alternative dispute resolution the Philippines. erm] ec adjudicate, award indemity on matters afecting any personal lomation, prepare reports on disposition of complaints and resolution of any investigation it initiates, and, in cases it deems appropriate, pobize any such report Provided, That in resolving any complaint oF vestigation (except where amicable settlement is reached by the yates), the Commission shall act asa collegial body. For this purpose, the Commission may be given access to personal information that is sabject of any complaint and to collet the information necessary to pero ts Functions under this Act ‘nue ceate and desist orders, impose a temporary or permanent ban on ‘beprocesing of personal information, upon finding that wilbe detrimental t national security and public interest, Cempel or petition any entity, government agency or instrumentality to abe by its orders or take action on a matter affecting data privacy; Newitor the compliance of other government agencies or imttumentalities on their security and technical measures and teomimend the necessary action in order to meet minimum standards for oteton of personal information pursuant to this Act Grtinate with other government agencies and the private sector on Sto formulate and implement plans and policies to strengthen the ion of personal information in the county: rch a regular basis a guide to all laws relating to data protection; indat® Sompilation of agency sytem of records and notices, including, '*and other finding aids; eco ser period of ged eal the sour = nates ‘The act, practice or processing relates to personal information| Philippine citizen or a resident; ‘The entity has a link with the Philippines, andthe entity po=| personal information in the Philippines or even if the prot? ‘ulside the Philippines as long as itis about Philippine ci "residents such as, but not limited to, the following 8. contracts entered in the Philippines; | . A juridical entity unincorporated inthe Philipines but ‘management and contol inthe country; and oe © An entity that has a branch, agency, office or sbsis PY Philippines and the parent or afiliate of the Philippine ‘secess to personal information; and ‘The entity has other links inthe Philippines such as, but ini 575 576Ds ay Recommend to the Department of Justice (DO) the 5, % position of penalties provided under the Act, “Ne Po 10 Review, approve, ret oF EGE MoMton yy voluntary aed toby Fesonal norma | Priel That the privacy codes shall adhere tothe ny Smt «1 shallbe headed by @ Privacy Commiss . : toner, who shall also act as pc the Commission. ow Commissioner shall enjoy the benefits, oJ Privileges and . valent to the rank of Secret privacy principles embodied in this Act: Provide, gape | Sunt ny. Privacy codes may include priate dispute resolution Page meniasoner shal be oo Complaints gars any articpating personal noma this purpose, the Commision shall consult with me ot. agenciesin the formulation and administration of privaag ot "Ba, the standards stout in this Act with respect othe oes busines activites and busines sectors that said reps Oe authorized to principally regulate pursuant tothe 7, Final That the Commision may review such privag ae™ Pa changes thereto for purposes of complying with the Date Peres" | 1, Pome asistneen mater gang request of amational or local agency, a private entity or any pene 12, Comment on the implication on data privacy of propund ey lca statutes, regulations or procedures, issue advisory anand Snterpret the provisions ofthis Act and other data privacy eee 1B, Propose legislation, amendments or modifications to Phiippslene privacy or data protection as may be necessary: 14, Ensure proper and effective coordination with data pivay reins other countries and private accountability agents paris t {nernational and regional initiatives for data privacy protection 15, Negotiate and contract with other data privacy authors of be countries for cross-border application and implementation ofp privacy laws, 16. Assis Philippine companies doing business abroad to respond let? privacy or data protection laws and regulations; and 17. Generally perform such acts as may be necessary to facilitate erst enforcement of data privacy protection. by two @) Deply Privacy way Ue Processing Systems and one eens, one to be responsible for Data 6 le for Policies and Planning corepons % etaiteioy the Benefits, privileges and emolsments equivalent to the ederoecretary. x vacancy: The Privacy Commissioner and the two (2) 1 unser salle appolnedby te Pesieaor ees taro! three (3) yearsand may be reappointed forsnather tren catnes fn Vacinces inthe Commission shale led in he sane moses aie eign appointment was made: (ulations of the Privacy Commissioner: 1 Atleast thirty-five (35) years of age 2 Of good moral character, unquestionable integrity and known probit and 3. A wecognized expert in the field of information technology and data privacy. ‘Deputy Privacy Commissioners must be recognized experts in the field \¢Slomation and communications technology and data privacy. lowe it g00d faith: The Privacy Commissioner, the Deputy seisiones, ‘or any person acting on their behalf or under their direction, opt civilly lable for acts done in good faith in the performance of es Confidentiality: The Commission shall ensure at al times the conde of any personal information that comes to its knowledge ane pasess®} Sovee, cre ce of she shal be lable for willful or negligent acts done by him Son gett #e contrary to law, morals, public policy and good customs nig Or abe acted under orders or instructions of superiors. In case a “filed against such offical on the subject ofthe performance of his jon sul Organizational Structure of the Commission: The Commis = attached to the Department of Information and Communications 57 578sro and specified purpose. Personal Data shall be processed by the cn he PON of he Proce col resonable cane Moher CaN . by 0! The Serctarnt: Mj ofthe members of he Secretaria my sated» Legitimate Purpose: The Procesing of Personal Databy the for atlas five (6) years in any agency ofthe government that ing | 2 PORN “spall be compatible with a declared and specified purpose the processing of personal information including, but not ghey | COMP tbe contrary tlw, moral opie following offices: Social Security System (SSS), Govemme! 4] vi insparency: The Data Sbject must be " eof Transparency jectmustbeaware ofthe nature, Insurance System (GSIS), Land Transportation Office (Li) p,m | § MELE and extent of the Processing of his or her Personal Data by the Internal Revenue (BIR), Philippine Health Iincurnay cet parry, including the risks and safeguards involved, the identity of (Philtleathy, Commission on Elections (COMELEQ), Departmay Com a entities involved in processing his or her Personal Dat, his Afoies (DFA), Department of Justice (DO), gerorgns as a Data Subject and how these can be exercised. Any Conporaton Pips we See a communion ng oe Pressing of Fecal sel be easy t0 access and understand, using cleat and plain language oe her dtis, where such performance 18 Taw, he oe « ‘Thmursed bythe Commission for resonable costs otha PROCESSING OF PERSONAL INFORMATION GiUSTRATION: A customer wants to apply fora loyalty rewards ard stomer service representative asks the customer to fill-out a form ‘Fu includes information for biood type and politcal affiliation. Can the ‘Processing refers to any operation or any set of operations perame se personal information including, but not limited to: 1. Collection, collet such information? 2. Recording, eed 3. Organization, |NSWER: No, because ofthe principle of proportionality. Information 4. Storage, nag to blood type and political affiliation may be considered as going ‘5. Updating Or Modification, ‘tyond the necessary information necessary for the purpose of processing, 6. Retrieval, |shchis his application fora loyalty rewards card 7. Consultation, ie Use, PERSONAL INFORMATION 9. Consolidation, aa RSONAL INFORMATION, whether recorded ina materia form or not, ‘the rom which the identity of an individual: 12, Destruction of data, 1 ieapparent, sn be reasonably and ‘formation, or then put together with other information would directly and certainly ‘entity an individual zpos Ie ly ascertained by the entity holding the General Data Privacy Principles: The processing of PS shall be allowed, subject to (0) Compliance with the requirements of the D: lave allowing disclosure of information to the public and (2) Adherence tothe following priniples: ata Privacy At 8 tay vs: incude wener's Nome, Home address and Phone ARE ince the Data. Owner's Name aol rsa inciple of ionality: The of 1. Principle of Proportionality: The Processing of Pe adequate, relevant, suitable, necessary, and not ex 580 579ing neces node respond to maional emergency, oly wih the requirements of publicorderand safety oro fall or pubic autor which gen feta ta forte filmer fits mandate . ecessng is necessary for the purposes of the legitimate interests Personal information mst be 1 Calected for specified and legitimate purposes determin = Sea nr cy erg, wy ga ng et enor oe to 2 aco yaaa Ber he psn norman orien ene ee 3 Tamm aietcred whe mower puree re poets Sant cep ey = hich used the processing of personal information, kept upto dayeyttba | AH yy fundamental rights and freedoms of the dee cates or compte dat mst be rectife,spplemented egg | ele tomar Pipe eeu further processing restricted: = Meterty | whit 4 Adquteand notes nln the pups ry soled and processed ‘eg 5. Ren en oras nga neces oe linet fr which te data was btn o othe etn oe Are of gal eins o or egtiate bane proved by evs and * 6, Keplina form which pritseticaton of dat aes or than ier fa te purposes ow he das ea rcsset Pl That penonal fomaton eons purposes may le prcened for hier, satel St Forse and in cases laid down inlaw maybe ond oes Pers: Provider, That adequate magus ae ee Bi lve authoring epoca ee caer = ri ase ora fecenrietinenieare eee debe sn NAL INFORMATIO\ "Rss to personal information: 1 Aboot an individual’ ace, ethnic origin, marital status, age, color, and tegous, philosophical or political afliations: 2 Ateut an individual's health, education, genetic or sexual fe of a Fon oF to any proceeding for any offense committed or alleged to hve ben committed by such person, the disposal of such proceedings, 4 {tbesentence of any court in such proceedings * sued by government agencies peculiar to an individual which indudes, but not limited to, socal security numbers, previous or current Path records, licenses o its denial, suspension or evocation, and tax | mumwand Bese established by an executive order or an act of Congress tobe classified ‘ tbe Pesoual formation :LInformation: The processing i Petsonal information and privileged information shall be "4: except in the following cass ‘The personal information controller must encure implementation opel {information processing principles set out herein. IA FOR LAWFUL PROCESSING OF PERSONAL INFORMA The processing of personal information shall be permited onl it stherwise prohibited by law, and when at leat one of the flit coniltions exists 1. Thedata subject has given his or her consent; 2 The rocesingof pesonal information secetary nd sent {eitiment of cont wih he dats aj oin oer the request ofthe data subject prior toenteringintoa coin 3. The processing is necessary for compliance with a legal blip \which the personal information controller is subject a 4. The processing is necessary to protect vitally important interes data subject including life and healthy 581 582Dat a at, rviewe " ir 1. TedaastcttonsoenbisorRereonsenb seco 4 | tl Tecnve the peaoaing a inthe ease of privileged informa FE Fe hE ofthese, even Rough ay itehangehe en te cate! Pt proceing Mh | (Sepa neeasen POS by casing isan oe eee the same is provided for by exit sey fF ‘ith existing laws and regulations 2. The presi of F emtting 1 | [™ is regulations = % (ATION: A cat dealer is asking. a potential buyer fil-out a form ry encments guarantee the protection Feral information and the privileged information, at, te Mheconsent ofthe data subjets snot required by ye permite proceso serie persona nog Py eee eccamy t prota the 0s ae i sensing necessary 1 Pr fe and heath 4% pjetorntherpeon ad hedata sujet inet nga By Able to express hs or he consent prior tothe processing, "PM 4 Tpeproing is nce achieve the lawl an gon bjt of pbc omaniations and thei aseciaons yn Seneca ay tee _fdemembers ofthese organizations or their associa ee 1 That the censtive personal information is not tone partes and «_ Totconset ofthe data subject was obtained prio top 5. Theprocesing secs for purposes of medial eaten ey uty a medial practioner ofa medical treatment instore oo Adequate level of protection of personal information isenseeseg 6 Theproesing concems sch personal information as snes rotecion of awl rights an interests of natural legal posers court proceedings, ofthe establishment, exercise or deere tI hin, when provided o government or public authority uustijudesthe name, creditcard details (as mode rel payment adress sensor ob bye Can ec dross es As tothe name and addres, es, since the poceing of he secesaty and Is related the flfilment tare ee |= et or inorder to take stepsat the request ofthe data sabre goa contra. ssnte credit card details being sensitive personal information, consent Jet ist be obtained to lawfully proces the same. tothe racial origin no, since it violates the principle of proportionality, fered to tiy | penfthe data subject gives his consent. sskontract of Personal Information: A personal information controller may tnkotzact the processing of personal information, ‘he personal information controller shal be responsible for ensuring that oper safeguards are in place to ensure |. The confidentiality of the personal information processed, 2 Prevent its use for unauthorized purposes, and generally, 4 Comply with the requirements ofthe Data Privacy Actand other laws for Processing of personal information. ILLUSTRATION: A doctor Togs in the symptoms and media] Prescribed of particular client. Is the doctor allowed to collec and rs epersonal information processor shall comply with al the requirements of ‘such information? E ind ‘Data Privacy Act and other applicable laws. ANSWER: Yes. Beeause it woul performed fll on the medical exception with by a medical practitioner. wu USTRATION: The employee is being required to provide hs SS PAGIBIG Phithealh nu ci reaiecs pret jubersto the employer. Can the employe [tssion of Privileged Communication: Personal information controllers Bi invoke the principle of privileged communication over privileged. ‘ation that they lawfully control or process. Subject to existing laws and lations, any evidence gathered on privileged information s inadmissible. itsteation: Examples of Personal information (PI), Sensitive Personal "mation (SPI) or Privileged Information (Privileged): 54information Gonder Email adds cpg’ IP as Bask acount suber Home address Income tx tn Teton tocked sing nap (© Gaur eases led agsne the individ [Disclosures made to an auditor i date graduated RIGHTS OF THE DATA SUBJECT Rights ofthe Data Subject: 1._ Right to Informed Consent ~ The data subject shall be in personal information pertaining to him or her shall be, ‘ben processed Formed wee are being ory The following information must be provided before persona information into the processing system, or att ‘opportunity '% Description of the personal information tobe entered ins fe system; the entry fe the next peach Purposes for which they are being or are to be processed Scope and method ofthe personal information processing ‘The recipients or classes of recipients to whom they are or my! Alisclosed; Methods wiized for automated acces, ifthe same isallowed st subject and the extent to which such access is authori Ze entity and contact details of the personal slot

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