E-Commerce (RA No. 8792) Flashcards
Sphere of Application (RA 8792)
The Act shall apply to any kind of electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements contracts and exchanges and storage of information.
Burden of Proof
The person seeking to introduce an electronic data message or electronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person claims it on be.
Retention of Electronic Data Message or Electronic Document
Notwithstanding any provision of law, rule or regulation to the contrary –
a.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 or electronic document which –
i. Remains accessible so as to be usable for subsequent reference;
ii. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received;
iii. Enables the identification of its originator and addressee, as well as the determination of the date and the time it was sent or received.
b. The requirement referred to in paragraph (a) is satisfied by using the services of a third party, provided that the conditions set fourth in subparagraphs (1), (2) and (3) of paragraph (a) are met.
Electronic transactions made through networking among banks
a. shall be deemed consummated upon the actual dispensing of cash or the debit of one account and the corresponding credit to another, whether such transaction is initiated by the depositor or by an authorized collecting party.
b. The obligation of one bank, entity, or person similarly situated to another arising therefrom shall considered absolute and shall not be subjected to the process of preference of credits.
Attribution of Electronic Data Message
- The Electronic Data Message or Electronic Document is that of the originator:
a. If it was sent by the originator himself.
b. As between the originator and the addressee, an electronic data message or electronic document is deemed to be that of the originator if it was sent:
i. by a person who had the authority to act on behalf of the originator with respect to that electronic data message or electronic document; or
ii. by an information system programmed by, or on behalf of the originator to operate automatically. - As between the originator and the addressee, an addressee is entitled to regard an electronic data message or electronic document as being that of the originator, and to act on that assumption, if:
a. in order to ascertain whether the electronic data message or electronic document was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or
b. the electronic data message or electronic document as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic data message or electronic documents as his own.
The above does not apply:
i. as of the time when the addressee has both received notice from the originator that the electronic data message or electronic document is not that of the originator, and has reasonable time to act accordingly; or
ii. in a case within paragraph (2) sub-paragraph (b), at any time when the addressee knew or should have known, had it exercised reasonable care of used any agreed procedure, that the electronic data message or electronic document was not that of the originator.
iii. That the transmission resulted in any error in the electronic data message or electronic document as received.
- The 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.
Except
a. To the extent that it duplicates another electronic data message or electronic document and
b. 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.
Acknowledgement of Receipt of Electronic Data Message or Electronic Document
General Rule: No acknowledgment of receipt is necessary
Exceptions:
1. If the parties agree to it
2. Originator requested in the EDM/ED
Modes of acknowledgement when required:
Receipt of EDM/ED
- Agreement as to particular method – to be followed
- No agreement as to particular method:
a. Any communication by the addressee
b. Any conduct of the addressee sufficient to indicate the receipt to the originator
Instances when the originator can regard non-receipt since there was no acknowledgment:
(2)
- When the originator stated the effect or significance of acknowledgment or the ED is CONDITIONAL upon receipt
- No statement as to effect/significance – originator gave notice stating that no acknowledgement has been received and specifying a reasonable time by which acknowledgement is to be received, and no acknowledgement is received within such reasonable time.
