RA 8792 Electronic Commerce Act 2024

Question 1

What is the primary purpose of the “Legal Recognition of Electronic Signatures” section in RA 8792?
a) Legal recognition of data messages
b) Authentication of electronic signatures
c) Legal recognition of electronic documents
d) Legal recognition of electronic signatures

Answer 1

Answer: b) Authentication of electronic signatures

Explanation: The “Legal Recognition of Electronic Signatures” section specifically deals with the authentication of electronic signatures, outlining the procedures and criteria for establishing their authenticity.

Question 2

In the “Legal Recognition of Electronic Documents” section, what conditions must be met for an electronic document to be considered reliable?
a) It must be widely accepted
b) It must be encrypted
c) It must maintain integrity and reliability
d) It must have a digital watermark

Answer 2

Answer: c) It must maintain integrity and reliability

Explanation: The “Legal Recognition of Electronic Documents” section requires that electronic documents maintain their integrity and reliability to be considered legally effective, valid, and enforceable.

Question 3

Under the “Authentication of Electronic Data Messages and Electronic Documents” section, what does the criteria for assessing integrity involve?
a) Use of encryption methods
b) Completeness and unaltered status
c) Acceptance by a majority of users
d) Compliance with industry standards

Answer 3

Answer: b) Completeness and unaltered status

Explanation: The criteria for assessing integrity in the “Authentication of Electronic Data Messages and Electronic Documents” section involve whether the information has remained complete and unaltered, apart from specific authorized changes.

Question 4

According to the “Legal Recognition of Electronic Writing and Documents” section, what does “functional equivalent” mean in the context of electronic documents?
a) Physically identical
b) Legally comparable
c) Technologically superior
d) Socially accepted

Answer 4

Answer: b) Legally comparable

Explanation: “Functional equivalent” in the “Legal Recognition of Electronic Writing and Documents” section means that, for evidentiary purposes, an electronic document is considered legally comparable to a written document.

Question 5

In the “Authentication of Electronic Data Messages and Electronic Documents” section, what authority is granted to the Supreme Court regarding authentication procedures?
a) The power to appoint electronic notaries
b) The power to establish rules for authentication
c) The power to approve digital signatures
d) The power to regulate encryption methods

Answer 5

Answer: b) The power to establish rules for authentication

Explanation: The “Authentication of Electronic Data Messages and Electronic Documents” section grants the Supreme Court the authority to adopt authentication procedures and establish rules for authenticating electronic data messages and electronic documents.

Question 6

What is the primary purpose of the “Legal Recognition of Electronic Writing and Documents” section in RA 8792?

a) Legal recognition of data messages
b) Authentication of electronic signatures
c) Legal recognition of electronic documents
d) Legal recognition of electronic signatures

Answer 6

Answer: c) Legal recognition of electronic writing and documents

Explanation: The “Legal Recognition of Electronic Writing and Documents” section primarily addresses the legal recognition of electronic writing and documents.

Question 7

2. According to the “Legal Recognition of Electronic Signatures” section, when is an electronic signature considered equivalent to a handwritten signature?a) If it is widely accepted
   b) If it is encrypted
   c) If a reliable and appropriate method is used
   d) If it has a digital watermark

Answer 7

Answer:

c) If a reliable and appropriate method is used

Explanation: The “Legal Recognition of Electronic Signatures” section specifies that an electronic signature is equivalent to a handwritten signature if a reliable and appropriate method is used.

Question 8

3. True or False: Does RA 8792 modify statutory rules relating to the admissibility of electronic data messages?

Answer 8

-False

Explanation: RA 8792 does not modify statutory rules relating to the admissibility of electronic data messages.

Question 9

4. True or False: Does Section 10 of RA 8792 apply only to obligations and not to consequences for information not presented in its original form?

Answer 9

False

Explanation: Section 10 of RA 8792 applies both to obligations and consequences for information not presented in its original form.

Question 10

5. According to Section 11, what authority is granted to the Supreme Court regarding authentication procedures?a) The power to appoint electronic notaries
   b) The power to establish rules for authentication
   c) The power to approve digital signatures
   d) The power to regulate encryption methods

Answer 10

b) The power to establish rules for authentication

Explanation: Section 11 grants the Supreme Court the authority to establish rules for authentication procedures.

Question 11

Section 32: Obligation of Confidentiality
6.
According to the “Obligation of Confidentiality” section, who is obligated to maintain confidentiality of electronic keys and data messages?

Answer 11

a) Any person

Explanation: The “Obligation of Confidentiality” section imposes the obligation on any person to maintain confidentiality of electronic keys and data messages.

Question 12

7. What is the consequence of violating the obligation of confidentiality under the “Obligation of Confidentiality” section?

Answer 12

b) Monetary fine

Explanation: Violating the obligation of confidentiality may result in a monetary fine according to the “Obligation of Confidentiality” section.

Question 13

True or False: Does the “Obligation of Confidentiality” section allow the sharing of electronic information obtained under the Electronic Commerce Act for educational purposes?

Answer 13

False

Explanation: The “Obligation of Confidentiality” section does not allow the sharing of electronic information obtained under the Electronic Commerce Act for educational purposes.

Question 14

9. True or False: Does the obligation of confidentiality in the “Obligation of Confidentiality” section apply only to electronic keys and not data messages?

Answer 14

False

Explanation: The obligation of confidentiality in the “Obligation of Confidentiality” section applies to both electronic keys and data messages.

Question 15

Any person who obtained access to electronic keys or data messages under the Electronic Commerce Act shall not convey or share the same with any other person, except for the purposes ______________ under this Act.

Answer 15

authorized

Explanation: The “Obligation of Confidentiality” section specifies that sharing is allowed only for authorized purposes under the Electronic Commerce Act.

Question 16

11. The obligation of confidentiality under the “Obligation of Confidentiality” section applies to electronic data messages, books, registers, correspondence, and other material obtained under the powers conferred in the Electronic Commerce Act, without the ______________ of the owner.

Answer 16

knowledge

Explanation: The “Obligation of Confidentiality” section applies without the knowledge of the owner of the electronic data messages, books, registers, etc.

Question 17

12. Discuss the rationale behind imposing an obligation of confidentiality in electronic transactions as outlined in the “Obligation of Confidentiality” section of RA 8792.

Answer 17

The rationale is to safeguard electronic keys, data messages, and other material obtained under the Electronic Commerce Act, ensuring that individuals with access do not share or convey such information except for authorized purposes, protecting the integrity of electronic transactions.

Question 18

13. Provide examples of situations where the obligation of confidentiality under the “Obligation of Confidentiality” section may be crucial for protecting individuals and organizations involved in electronic transactions.

Answer 18

Examples may include protecting sensitive business information, trade secrets, or personal data from unauthorized disclosure, ensuring the secure and confidential nature of electronic transactions.

Question 19

What is the coverage of RA 8792?

Answer 19

Republic Act No. 8792, also known as the Electronic Commerce Act of 2000, has a broad scope of coverage in terms of electronic writing, documents, and data messages. The law aims to facilitate electronic transactions, recognize the legal validity of electronic documents and signatures, and promote the use of electronic data interchange. Here are key aspects of the scope of coverage along with examples:

1. Electronic Documents:
   
   • Scope: RA 8792 provides for the legal recognition of electronic documents, treating them with the same legal effect, validity, and enforceability as traditional paper-based documents.
   • Examples:
     
     • Contracts executed electronically.
     • Invoices and receipts generated in digital formats.
     • Electronic letters of credit in international trade.
2. Data Messages:
   
   • Scope: The law recognizes the legal effect, validity, and enforceability of data messages, which include any information generated, sent, received, or stored by electronic, optical, or similar means.
   • Examples:
     
     • Email communications.
     • Text messages and chat exchanges.
     • Electronic notices or announcements.
3. Electronic Signatures:
   
   • Scope: RA 8792 acknowledges the legal equivalence of electronic signatures to handwritten signatures, provided certain conditions are met.
   • Examples:
     
     • Digitally signed contracts.
     • Authenticated electronic approval of documents.
     • Secure electronic signatures used in online transactions.
4. Authentication of Electronic Data Messages and Documents:
   
   • Scope: The law addresses the authentication of electronic data messages and documents, ensuring their validity and origin.
   • Examples:
     
     • Digital certificates used to verify the identity of parties.
     • Security procedures employed to authenticate electronic documents.
     • Cryptographic methods for ensuring data integrity.
5. Presumption Relating to Electronic Signatures:
   
   • Scope: RA 8792 establishes a presumption that an electronic signature is the signature of the person to whom it correlates and was affixed with the intention of signing or approving the electronic document.
   • Examples:
     
     • Presumption that an electronically signed contract is valid.
     • Assumption that an electronic signature on an approval document is genuine.
6. Original Documents:
   
   • Scope: The law addresses the acceptability of electronic data messages or documents as meeting the requirements for originality in legal proceedings.
   • Examples:
     
     • Electronically stored contracts presented as original documents in court.
     • Digital copies of official records used as original documents.
7. Legal Recognition of Electronic Documents:
   
   • Scope: RA 8792 ensures that electronic documents have the same legal effect, validity, and enforceability as traditional paper-based documents.
   • Examples:
     
     • Electronic agreements recognized in legal disputes.
     • Electronically signed contracts deemed valid in court.
8. Legal Recognition of Data Messages:
   
   • Scope: The law recognizes data messages for legal effect, validity, and enforceability.
   • Examples:
     
     • Legal acceptance of business communications via email.
     • Data messages serving as evidence in legal proceedings.
9. Authentication Procedures:
   
   • Scope: RA 8792 empowers the Supreme Court to adopt authentication procedures, including the use of electronic notarization systems.
   • Examples:
     
     • Supreme Court-approved electronic notarization systems.
     • Certificates of authentication for printed copies of electronic documents.
10. Admissibility of Electronic Data Messages or Electronic Documents:
    - Scope: The law does not modify statutory rules relating to the admissibility of electronic data messages or documents, except for rules relating to authentication and best evidence.
    - Examples:
    
    • Rules regarding the admissibility of electronically stored evidence in court.
    • Criteria for the admission of electronic records as evidence.

In summary, RA 8792 covers a wide range of electronic transactions, documents, and signatures, providing a legal framework to support the use of electronic means in commerce and communication. The examples provided illustrate how the law applies to various scenarios involving electronic writing, documents, and data messages.