RFBT - ELECTRONIC COMMERCE ACT OF 2000 Flashcards
RA 8792 is known as?
Electric Commerce Act of 2000
What is the objective of the Electronic Commerce Act?
To facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through utilization of electronic technology to recognize authenticity and reliability of electronic documents.
What is the scope of the Electronic Commerce Act?
It shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings.
What is meant by “Electronic Key” in the Electronic Commerce Act?
It refers to a secret code which secures and defends sensitive information that cross over public channels into a form decipherable only with matching electronic keys.
What is meant by “Intermediary” in the Electronic Commerce Act?
It refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives, and/or stores provides other services in respect of that electronic data message or electronic document.
What is meant by “Originator” in the Electronic Commerce Act?
It refers to a person by whom, or on whose behalf the electronic document purports to have been created and sent. The term does not include a person acting as an intermediary with respect to that electronic document.
What is meant by “Service Provider” in the Electronic Commerce Act?
It refers to a provider of online services or network access. Such service provider shall have no authority to modify or alter the content of the electronic data message.
What is an Electronic Data Message?
It refers to information generated that is sent or received or stored by electronic, optical or similar means.
What is an Electronic Document?
It refers to information or the representation of information,data,figures or other modes of written expression.
Do electronic documents provide the same legal effects as any other document?
Yes, it has the same legal effect, validity, and enforceability as any other document or legal writing, PROVIDED THAT it maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference.
What is an Electronic Signature?
It refers to any distinctive mark or characteristic in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message/document.
When does an Electronic Signature have the same effect as a signature by a person on a written document?
When it can be proven by showing that a PROCEDURE, NOT ALTERABLE BY THE PARTIES INTERESTED, EXISTS.
In any legal proceeding, can the admissibility of an electronic data message be denied as an evidence?
No. Nothing in the application of the rules on evidence shall deny the admissibility of electronic data message/document in evidence on the SOLE GROUND THAT IT IS IN ELECTRONIC FORM, or ON THE GROUND THAT IT IS NOT IN THE STANDARD WRITTEN FORM.
What is the penalty of Hacking or Crackling?
Fine of PHP 100,000 to Maximum amount commensurate to the damages done PLUS imprisonment of 6 months to 3 years.
What is the penalty for Piracy?
Fine of PHP 100,000 to Maximum amount commensurate to the damages done PLUS imprisonment of 6 months to 3 years.
