Janette,
Great summary. Many thanks.
Rachel
>
> 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.
> --------------------------------------------------------------
> --------------------------
>
> 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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