e-commerce act Flashcards
Create a new requires information to be presented or retained in its original form, that requirement is met by an electronic data message or electronic document:
a. The ____________ from the time when it was first renovated in its final four as an electronic document is shown by evidence aliunde or otherwise; and
b. Where otherwise it is required that information be presented, that the information is __________________ to the person to whom it is to be presented
integrity; capable of being displayed
The criteria for assessing integrity shall be whether the information has remained ________________________, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage & display
complete and unaltered
The standard of reliability required should be assessed in the light of ________ for which the information was generated and in the light of all relevant circumstances
purpose
The electronic data message or electronic document should be authenticated by proof that an appropriate security procedure when applicable was adopted and employed for the purpose of
a. Verifying the _________ of an electronic data message or electronic document or
b. Detecting ___________ in the communication content or storage of an electronic document
originator; error or alteration
Who has the burden of proving an electronic data message or electronic document authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person cleans it on be
the person seeking to introduce an electronic data message or electronic document in any legal proceeding
In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data message is recorded or stored may be established in any legal proceeding by
a. By evidence that
i. All material items the information and communication system was operating in a manner that _______________________ of the electronic data message
ii. There are no reasonable grounds to doubt the integrity of the information and communication system
b. By showing that electronic data message was recorded or stored by a party to the proceedings who is ____________________
c. For showing that the electronic data message was recorded or stored in the _________________________ by a person who is not a party to the proceedings
did not affect the integrity; adverse in interest to the party using it; usual and ordinary course of business
An electronic data message not in the standard form is a ground for the denial of admissibility of an electronic data message. True or false
false
The requirement in any provision of law that certain documents be retained in their original form is satisfied by retaining them in the form of an electronic data message which
i. Remains ________________ as to be usable for subsequent reference
ii. Is retained in the _____________ in which it was generated, sent or received, arena format which can be demonstrated to accurately represent the electronic data message
iii. Enables the ___________________________, as well as the determination of the date and the time it was sent or received
accessible; format; identification of its originator and addressee
The requirements in the retention of electronic data message is satisfied by using the services of __________, provided that the conditions set forth in its sub paragraphs or met
third party
The matters referred on admissibility and on the presumption of integrity may be presumed to have been established by an ________________________ subject to the rights of the parties in interest as defined in the cross examination
affidavit given to the best of the the deponent’s knowledge
A deponent of an affidavit that has been introduced in evidence may be cross-examine as of right by a party to the proceedings who is an adverse interest to the party was introduced the affidavit or has caused the affidavit to be introduced
true or false
true
True or false. Any party to the proceedings has the right to cross-examine a person who is not a party to the proceedings and who did not act under the control of the party using the record proving that electronic data message or electronic document was recorded or stored in the usual and ordinary course of business
true
Except as otherwise agreed by the parties, on offer, the acceptance of an offer and such other elements record on their existing laws for the formation of contracts can not be proven by means of electronic data message, hence invalid. True or false
false, no contract shall be denied validity or enforceability on the sole ground that it is in the form of an electronic data message
Electronic transactions made through networking among banks, or linkages thereof with other entities or networks, and vice versa
a. shall be deemed consummated upon the ____________________ whether such transaction is initiated by the depositor or by an authorized collecting party
b. The application of one bank, entity or person similarly situated to another arising therefrom shall considered ________ and shall not be subject to the process of preference of credits
the actual dispensing of cash or the debit of one account and the corresponding credit to another; absolute
Attributions of electronic data message
- It was that of the ___________
a. It was sent by him himself
b. Sent by a person authorized by him or by an information system program on his behalf - The addressee is entitled to record the electronic message as being that of the originator when the addressee properly applied a procedure previously agreed to by the originator for the message resulted from the actions of a person whose relationship with the originator or with any agent of the originator and able that person to gain access to a method used by the originator
originator
The assumption that a message is from the originator does not apply if a. the addressee received ___________ from the originator that the electronic data message is not that of the originator and has reasonable time to act accordingly
b. The addressee or should have known that it was not that of the originator
c. That the transmission resulted in any error
notice
Acknowledgement of receipt of electronic data message is necessary. True or false
false. Except when agreed-upon or when the originator requested
The dispatch of an electronic data message when it enters and information system outside the control of the originator, except when otherwise agreed upon. True or false
true
When is the time of receipt of an electronic data message
a. upon Entry in the designated information system
b. Upon retrieval by the addressee when the originator and the addressee or both participants in the designated information system or when the information system is not designated
c. Upon entry in the information system of the addressee if the parties did not designate an information system
Unless otherwise agreed upon between the originator and the addressee, an electronic data message is them to be
- Dispatched at the place where __________________________
- Received at the place where ____________________
the originator has its place of business; the addressee has its place of business
If the originator or addressee has more than one place of business, the place of dispatch shall be the place of business which has __________________ to the underlying transaction or where there is no underlying transaction, the ____________________
if the originator or the others he does not have a place of business, reference is to be made to its _______________________
closest relationship; principal; habitual residence
Notwithstanding any law to the contrary, within _________ from the date of the effectivity of the act, all agencies required that documents be created, retained and or or submitted in the form of electronic data message
2 years
The person or party shall be subject to any civil or criminal liability in respect to the electronic data message for which the person or party acting as a service provider if it merely provides access thereto. True or false
true
The service provider shall not be liable if it does not have actual knowledge or is not aware of the facts or circumstances from which it is apparent that the making publication dissemination of each material is unlawful or infringes any rights subsisting or in relation to such material. True or false
true.
True or false. The service provider is liable if it receives any financial benefit directly attributable to the unlawful or infringe in activity even if it knowingly receive such
false, must be not knowingly
Penalty for hacking or crackling
minimum fine of 100,000 and maximum is the damage incurred; imprisonment of six months to 3 years
Penalty for piracy
minimum fine of 100,000 and maximum is the damage incurred; imprisonment of six months to 3 years
Penalty for other violations of the provisions of the e-commerce act
maximum of 1 million; imprisonment of maximum of six years
Reciprocity to all the benefits established under the e-commerce act shall be enjoyed only by parties whose country origin grants the same benefits and privileges or advantages to filipino citizens. True or false
true
