E-Commerce Act Flashcards

1
Q

What is the main objective of the E-Commerce Act (RA No. 8792)?

A

To facilitate domestic and international dealings, recognize authenticity of electronic data messages, and promote universal use of electronic transactions.

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2
Q

To whom does the E-Commerce Act apply?

A

It applies to any kind of electronic document used in commercial and non-commercial activities.

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3
Q

Define ‘Computer’ as per the E-Commerce Act.

A

‘Computer’ refers to any device that can receive, record, transmit, store, process, correlate, analyze, project, retrieve, and/or produce information.

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4
Q

What does ‘Information and Communications System’ refer to?

A

A system for generating, sending, receiving, storing, or processing electronic documents.

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5
Q

Who is considered an ‘Originator’?

A

A person by whom, or on whose behalf, the electronic document is created or sent.

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6
Q

What is the role of an ‘Addressee’?

A

A person intended by the originator to receive the electronic data message or document.

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7
Q

Define ‘Intermediary’.

A

A person who sends, receives, or stores electronic documents on behalf of another person.

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8
Q

What is a ‘Service provider’?

A

A provider of online services or network access, including entities offering transmission and storage of electronic documents.

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9
Q

What are the limitations of a ‘Service provider’ regarding electronic documents?

A

They have no authority to modify content or make entries in the documents unless authorized.

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10
Q

What is an ‘Electronic data message’?

A

Information generated, sent, received, or stored by electronic, optical, or similar means.

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11
Q

Define ‘Electronic signature’.

A

A distinctive mark or sound representing a person’s identity, attached to an electronic data message.

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12
Q

What is an ‘Electronic key’?

A

A secret code that secures sensitive information across public channels.

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13
Q

What does ‘Electronic document’ refer to?

A

Information represented electronically that establishes a right or obligation.

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14
Q

True or False: Electronic data messages can be denied validity solely because they are in electronic form.

A

False

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15
Q

Fill in the blank: The E-Commerce Act promotes the __________ use of electronic transactions.

A

universal

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16
Q

What is the legal effect of electronic documents?

A

Electronic documents shall have the legal effect, validity, or enforceability as any other document or legal writing.

17
Q

What conditions must an electronic document meet when the law requires a document to be in writing?

A

An electronic document meets the requirement if it maintains its integrity and reliability and can be authenticated for subsequent reference.

18
Q

What does integrity and reliability of an electronic document entail?

A

The electronic document must remain complete and unaltered, and be reliable in light of its purpose and relevant circumstances.

19
Q

What is required when the law mandates a document to be presented or retained in its original form?

A

An electronic document must have reliable assurance of integrity from the time it was first generated and be capable of being displayed to the intended recipient.

20
Q

How is an electronic document treated for evidentiary purposes?

A

An electronic document shall be the functional equivalent of a written document under existing laws.

21
Q

What does the Act not modify regarding electronic documents?

A

The Act does not modify any statutory rule relating to admissibility of electronic data messages or electronic documents, except for authentication and best evidence.

22
Q

What makes an electronic signature equivalent to a written signature?

A

An electronic signature is equivalent if it is proven by a prescribed procedure that identifies the party and ensures their access to the document.

23
Q

What is presumed in proceedings involving an electronic signature?

A

It is presumed that the electronic signature is that of the person it correlates to and was affixed with the intention of signing the document.

24
Q

What must be shown for an electronic document to meet the requirement of original form?

A

The integrity of the information must be shown by evidence, and the information must be capable of being displayed to the intended recipient.

25
Q

What criteria assess the integrity of information in an electronic document?

A

Integrity is assessed by whether the information has remained complete and unaltered, apart from any endorsements or normal changes.

26
Q

How are electronic documents and signatures authenticated?

A

Authentication is demonstrated by proving the identity of a user or device, and by showing that appropriate security procedures were employed.

27
Q

What is the purpose of detecting errors in electronic documents?

A

To identify error or alteration in the communication, content, or storage of an electronic document or data message using algorithms, codes, or security devices.

28
Q

What authentication procedures may the Supreme Court adopt?

A

The Supreme Court may adopt electronic notarization systems and certificates of authentication on printed copies of electronic documents.

29
Q

Who has the burden of proof for electronic documents in legal proceedings?

A

The person seeking to introduce an electronic data message or document must prove its authenticity.

30
Q

How can the integrity of an information and communication system be established?

A

By evidence that the system was operating properly and there are no grounds to doubt its integrity.

31
Q

What is one way to show the integrity of an electronic document?

A

By demonstrating that it was recorded by a party adverse in interest to the party using it.

32
Q

What ensures the admissibility of electronic documents in legal proceedings?

A

Nothing shall deny their admissibility solely because they are in electronic form or not in standard written form.

33
Q

What factors are considered in assessing the evidential weight of electronic documents?

A

Reliability of generation, storage, communication, and identification of the originator.

34
Q

How can the requirement for document retention be satisfied?

A

By retaining them as electronic data messages that are accessible and accurately represent the original.

35
Q

What is the role of affidavits in proving admissibility?

A

Affidavits can establish matters of admissibility and integrity subject to cross-examination rights.

36
Q

What rights do parties have regarding cross-examination of affidavits?

A

A party may cross-examine a deponent of an affidavit introduced in evidence.

37
Q

What elements are required for the formation of electronic contracts?

A

An offer, acceptance of the offer, and other elements required by law can be expressed through electronic data messages.

38
Q

When are electronic transactions among banks considered consummated?

A

Upon the actual dispensing of cash or the debit and credit of accounts.

39
Q

What is the nature of obligations arising from electronic transactions?

A

Obligations shall be considered absolute and not subjected to preference of credits.