E-Commerce Act Flashcards
What is the main objective of the E-Commerce Act (RA No. 8792)?
To facilitate domestic and international dealings, recognize authenticity of electronic data messages, and promote universal use of electronic transactions.
To whom does the E-Commerce Act apply?
It applies to any kind of electronic document used in commercial and non-commercial activities.
Define ‘Computer’ as per the E-Commerce Act.
‘Computer’ refers to any device that can receive, record, transmit, store, process, correlate, analyze, project, retrieve, and/or produce information.
What does ‘Information and Communications System’ refer to?
A system for generating, sending, receiving, storing, or processing electronic documents.
Who is considered an ‘Originator’?
A person by whom, or on whose behalf, the electronic document is created or sent.
What is the role of an ‘Addressee’?
A person intended by the originator to receive the electronic data message or document.
Define ‘Intermediary’.
A person who sends, receives, or stores electronic documents on behalf of another person.
What is a ‘Service provider’?
A provider of online services or network access, including entities offering transmission and storage of electronic documents.
What are the limitations of a ‘Service provider’ regarding electronic documents?
They have no authority to modify content or make entries in the documents unless authorized.
What is an ‘Electronic data message’?
Information generated, sent, received, or stored by electronic, optical, or similar means.
Define ‘Electronic signature’.
A distinctive mark or sound representing a person’s identity, attached to an electronic data message.
What is an ‘Electronic key’?
A secret code that secures sensitive information across public channels.
What does ‘Electronic document’ refer to?
Information represented electronically that establishes a right or obligation.
True or False: Electronic data messages can be denied validity solely because they are in electronic form.
False
Fill in the blank: The E-Commerce Act promotes the __________ use of electronic transactions.
universal
What is the legal effect of electronic documents?
Electronic documents shall have the legal effect, validity, or enforceability as any other document or legal writing.
What conditions must an electronic document meet when the law requires a document to be in writing?
An electronic document meets the requirement if it maintains its integrity and reliability and can be authenticated for subsequent reference.
What does integrity and reliability of an electronic document entail?
The electronic document must remain complete and unaltered, and be reliable in light of its purpose and relevant circumstances.
What is required when the law mandates a document to be presented or retained in its original form?
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.
How is an electronic document treated for evidentiary purposes?
An electronic document shall be the functional equivalent of a written document under existing laws.
What does the Act not modify regarding electronic documents?
The Act does not modify any statutory rule relating to admissibility of electronic data messages or electronic documents, except for authentication and best evidence.
What makes an electronic signature equivalent to a written signature?
An electronic signature is equivalent if it is proven by a prescribed procedure that identifies the party and ensures their access to the document.
What is presumed in proceedings involving an electronic signature?
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.
What must be shown for an electronic document to meet the requirement of original form?
The integrity of the information must be shown by evidence, and the information must be capable of being displayed to the intended recipient.
