E-Commerce Act

Question 1

What are the penalties for hacking or cracking under the E-commerce Act?

Answer 1

• Fine - Minimum - P100,000, Maximum - Damage incurred
• Imprisonment - 6 months to 3 years

Question 2

What is the general rule of time of dispatch of electronic data messages or electronic
documents?

Answer 2

The dispatch of an electronic data message or electronic document occurs when it
enters an information system outside the control of the originator or of the person who
sent the electronic data message or electronic document on behalf of the originator.

Question 3

What is the general rule and exceptions about the acknowledgement of receipt of an
electronic data message or electronic document under the E-commerce Act?

Answer 3

• General rule - There is no acknowledgement of receipt is necessary
• Exceptions
  i. If the parties agree to it
  ii. Originator requested in the EDM/ED

Question 4

Where the law requires a document to be in writing, when is that requirement being
met by an electronic document?

Answer 4

If the said electronic document maintains its integrity and reliability and can be
authenticated so as to be usable for subsequent reference

Question 5

What are the requisites that an electronic signature on the electronic document shall
be equivalent to the signature of a person on a written document?

Answer 5

If the signature is an electronic signature and proved by showing that a prescribed procedure, not alterable by the parties interested
in the electronic document, existed.

Question 6

What is the exception under the rule that an addressee is entitled to regard each
electronic data message or electronic document received as a separate electronic data
message or electronic document and to act on that assumption?

Answer 6

• To the extent that it duplicates another electronic data message or electronic document
  and
• The addressee knew or should have known, had it exercised reasonable care or used
  any agreed procedure, that the electronic data message or electronic document was a
  duplicate.

Question 7

Unless otherwise agreed between the originator and the addressee, even if the
originator or addressee had used a laptop or other portable device to transmit or receive his
electronic data message or electronic document such electronic data message or electronic
document is deemed to be dispatched and received at?

Answer 7

• dispatched at the place where the originator has its place of business
• received at the place where the addressee has its place of business

Question 8

Service provider shall have no authority to?

Answer 8

• modify or alter the content of the electronic document received or
• to make any entry therein on behalf of the originator, addressee or any third party
  unless specifically authorized to do so

Question 9

Addressee

Answer 9

It refers to a person who is intended by the originator to receive the electronic data
message or electronic document.

Question 10

Originator

Answer 10

It refers to a person by whom, or on whose behalf, the electronic document purports to
have been created, generated and/or sent.

Question 11

Electronic Signature

Answer 11

It refers to any distinctive mark, characteristic and/or sound in electronic from,
representing the identity of a person and attached to or logically associated with the electronic
data message or electronic document or any methodology or procedure 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.

Question 12

What are the presumptions relating to electronic signature under Electronic Commerce
Act?

Answer 12

• It is the signature of the person to whom it correlates
• It was affixed by that person with the intention of signing or approving the electronic
  document unless
  i. The person relying knows the defects in or unreliability of the signature
  ii. Reliance is not reasonable under circumstances.