E-Commerce Act Flashcards
What are the objectives of the E-Commerce Act?
- to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information
- to recognize the authenticity and reliability of electronic data messages or electronic documents
- to promote the universal use of electronic transactions
Any device or apparatus singly or interconnected which, by electronic, electro-mechanical, optical, and/or magnetic impulse or other means with the same function, can receive, record, transmit, store, process, correlate, analyze etc.
Computer
System for generating, sending, receiving, storing or otherwise processing electronic documents. Also includes stuff related to recording or storage of electronic documents
Information and Communication System
Person by whom or on whose behalf, the electronic document purports to have een generated or sent
Originator
Person intended by the originator to receive the electronic data message or electronic document
Addressee
Person who in behalf of another person sends, receives and/or stores, provides other services
Intermediary
Provider of online services or network access or the operator of facilities, or necessary technical means
Service provider
Information generated, sent, received, or stored by electronic, optical or similar means
Electronic data message
Distinctive mark, characteristic and/or sound in electronic form representing the identity of a person
Electronic signature
Secret code which secures and defends sensitive information
Electronic key
(T/F) Information shall be denied validity or enforceability solely on the ground that it is in the form of electronic data message.
FALSE.
Information shall NOT be denied validity or enforceability solely on the ground that it is in the form of electronic data message.
It shall have the legal effect, validity, or enforceability of any other document or legal writing:
- maintains integrity and reliability
- can be authenticated
—-complete and unaltered
—-reliable
Information or the representation of information, data, figures, symbols or other modes of written expression by which a right is established or an obligation extinguished or by which a fact may be proved or affirmed, which is produced electronically
Electronic document
(T/F) For evidentiary purposes, an electronic document shall not be the functional equivalent of a written document.
FALSE
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document.
(T/F) An electronic signature will never be equivalent to a signature of a person an a written document
FALSE
An electronic signature shall be equivalent to a signature of a person an a written document if
- it is an electronic signature
- proved by showing a prescribe procedure existed
— there is a method used to identify the party
—method is reliable and appropriate
—-necessary for the party sought to be bound
—-other party is authorized and enable to verify the signature
Presumptions relating to e-sig:
- signature of the person to whom it correlates
- affixed by that person with the intention of signing/approving the document, unless:
—knows or has notice of defects or unreliability
–reliance is not reasonable
Who has the burden of proving the authenticity of an electronic data message or electronic document?
Person who was seeking to introduce an electronic data message or electronic document in any legal proceeding
(T/F) Generally, acknowledgement of receipt of Electronic Data Message or Electronic Document is necessary.
FALSE.
General rule: No acknowledgement of receipt is necessary
Exceptions:
- The parties agree to it
- Originator requested it
Where is the place of dispatch and receipt of electronic data messages or electronic documents?
Unless otherwise agreed upon:
1. DISPATCHED—place of business of ORIGINATOR
If more than 1—-closest relationship to the underlying transaction or principal place of business
If none—-habitual residence
“Usual place of residence” —place where it is incorporated or otherwise legally constituted
- RECEIVED—place of business of addressee
Any action in connection with or in pursuance of a contract of carriage of goods, including but not limited to:
(a)
- furnishing the marks, number, quantity, weight of goods
- stating or declaring nature or value of goods
- issuing receipt for goods
- confirming goods have been loaded
(b)
- notifying person of terms and conditions of contract
- giving instructions to carrier
(c)
- claiming delivery of goods
- authorizing release of goods
- giving notice of loss or damage to goods
(d) giving any other notice/ statement in connection with performance of contract
(e) undertaking to deliver goods to a named person
(f) granting, acquiring, renouncing, surrendering, transferring or negotiating rights
(g) acquiring/transferring rights and obligations under contract
Actions related to Contracts on Carriage of Goods
Electronic Transactions in Government
Within 2 years of the effectivity of the Data Privacy Act, the government shall:
- accept the creation, filing, or retention of documents in the form of electronic data messages or electronic documents
- issue permits, licenses or approval in the form of electronic data messages or electronic documents
- require and accept payments and issue receipts through electronic data messages or electronic documents
- Transact the government business/perform governmental functions using electronic data messages or electronic documentsW
Government should issue appropriate rules, regulations or guidelines in transacting government business/performing governmental functions, specifying:
- manner and format EDM or EDs are filed, created, or issued
- where and when
- format of an EDM or ED have to be signed
- control processes or procedures
- other attributes
- full or limited use of documents and papers
